Interesting discussion, I tend to agree with both of you! In the beginning the Father created all that is, which turns out be everything around us with a word; this is the Spirit!

We are the Fathers creation and we have a function here on this plane(t), and as long as we function in the manor that he designed us; we have the spirit in us! A deer can't be a lion, a squirrel can't be a cat, so if we don't live as Yeshua(Jesus) did, we don't have the spirit in us!

what is the Spirit? The spirit is TRUTH! The Torah is the Spirit! The Spirit is doing what is right(Righteousness), in our terminology today, it would be more like "stick to your basic programming!" however, if we rebel against the TRUTH the spirit is not in us!

2 Corinthians 1:20-24 (NIV) For no matter how many promises God has made, they are “Yes” in Christ. And so through him the “Amen” is spoken by us to the glory of God. Now it is God who makes both us and you stand firm in Christ. He anointed us, set his seal of ownership on us, and put his Spirit in our hearts as a deposit, guaranteeing what is to come. I call God as my witness—and I stake my life on it—that it was in order to spare you that I did not return to Corinth. Not that we lord it over your faith, but we work with you for your joy, because it is by faith you stand firm.