web analytics
August 31, 2015 / 16 Elul, 5775
At a Glance
Judaism
Sponsored Post


Taking A Loan

Business-Halacha-logo

Shlomo decided to go through papers that had accumulated during the previous months. While doing so, he came across a note that he had jotted down about lending $100 to Menashe.

“Right, I remember,” he said to himself. “A few months ago Menashe needed $100 and he still hasn’t paid me back. I hope he still remembers the loan.”

Shlomo called Menashe. “Hello, Menashe, how are you?” he asked.

“Fine, thank God,” replied Menashe. “What’s up?”

“I lent you $100 a few months ago.”

“What are you talking about? I never borrowed from you!”

“You don’t remember? You were doing some shopping just before Purim and were short of cash. You needed $100 and asked me to lend you.”

“I don’t remember such a thing at all. You’re harassing me for no reason.”

Shlomo hung up. “How am I going to get the money back?” he thought. “I don’t have sufficient proof to win a case in beis din or court. But I have no doubt whatsoever that I lent him the money and he still owes it to me.”

Shlomo pondered what to do. He spoke with a friend, who alluded to the possibility of taking the loan back on his own.

What are you suggesting?” asked Shlomo. “Is there some way I can take the money from him?”

“Perhaps you can sneak into his house, or grab the money from him when no one’s watching,” said the fried. “After all, you are certain that he owes you.”

“But I don’t have any proof,” objected Shlomo. “He denies the loan.”

“All the more reason for you to take matters into your own hand,” said his friend. “You can’t get recourse through beis din. I suggest you consult with Rabbi Dayan; see what he has to say.”

Shlomo called Rabbi Dayan. “I lent someone money, and he now denies the loan,” he began. “If the opportunity presents itself, am I allowed to grab money from him?”

“There are some situations in which a person can take the law into his own hands [oseh adam din l’atzmo], especially if he cannot get proper remedy through beis din,” said Rabbi Dayan. “However, there are serious limitations regarding collecting a loan, in contrast to other monetary obligations, such as retrieving a stolen item.” (C.M. 4:1)

“Why are loans more stringent?” asked Shlomo.

“Regarding loans, there is a prohibition to go into the borrower’s home and forcibly take collateral,” replied Rabbi Dayan. “Lo tavo el beiso la’avot avoto – do not go into his house to collect his collateral. Even an agent of beis din may not do so. He must ask the borrower to willingly bring out the collateral or grab something from him outside his house.” (C.M. 97:6)

“So can I take something from Menashe outside of his house?” asked Shlomo.

“The SM”A (97:7) writes that only an agent of beis din is allowed to,” replied Rabbi Dayan. “The lender is not allowed to grab from the borrower even outside his house.”

“Then it seems there’s nothing to do,” said Shlomo. “Does anyone allow it?”

“There are two questionable leniencies,” answered Rabbi Dayan. “Sha’ar Mishpat maintains that the lender is prohibited to grab only when he has recourse through beis din. However, if the borrower denies the loan and the lender has no recourse through beis din, he may grab. The Ketzos and others reject this distinction.” (Pischei Teshuvah C.M. 4:1)

Rabbi Dayan paused and then added, “Furthermore, Rabbeinu Tam maintains that only taking an object as collateral is not allowed, but taking something as payment is allowed. His opinion is cited in Shulchan Aruch [C.M. 97:15], although the Ketzos Hashulchan questions this, as well.”

About the Author: Rabbi Meir Orlian is a faculty member of the Business Halacha Institute, headed by HaRav Chaim Kohn, a noted dayan. To receive BHI’s free newsletter, Business Weekly, send an e-mail to subscribe@businesshalacha.com. For questions regarding business halacha issues, or to bring a BHI lecturer to your business or shul, call the confidential hotline at 877-845-8455 or e-mail ask@businesshalacha.com.


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

No Responses to “Taking A Loan”

Comments are closed.

Current Top Story
Brooklyn's "Vote No on the Nuclear Deal" rally organizers singing Ani Ma'amim. (L to R) Cantor Shlomie Rabin, Councilmember David Greenfield, Jeffrey Davis (back row), Kalman Yager (back row), Chanina Sperlin, State Sen. Jesse Hamilton, Zaki Tamir, Yaacov Berhman, Assemblyman Dov Hikind. Aug. 26, 2015.
In Show of Unity, Bklyn Pols Rally Against Iran Deal
Latest Judaism Stories
Torat-Hakehillah-logo-NEW

The common translation of the opening words of this week’s parsha, Ki Seitzei, is: “When you go out to war against your enemy.” Actually the text reads “al oyvecha” upon your enemy. The Torah is saying that when Israel goes out to war, they will be over and above their enemy. The reason why Bnei […]

Rabbi Avi Weiss

The love between Gd & Israel is deeper than marriage; beyond the infinite love of parent for child

Q-A-Klass-logo

Question: When a stranger approaches a congregant in shul asking for tzedakah, should the congregant verify that the person’s need is genuine? Furthermore, what constitutes tzedakah? Is a donation to a synagogue, yeshiva, or hospital considered tzedakah?

Zvi Kirschner
(Via E-Mail)

Taste-of-Lomdus-logo

Since giving the machatzis hashekel will not change his financial situation, he is obligated to do so even though it is more than a fifth of his income.

Today, few people fast during the Days of Selichot, but the custom is to rise early to recite Selichot.

Each month is associated with a particular tribe. The month of Elul is matched up with Gad. What makes Gad unique?

Sanctions and indictment of the Jew, holding him to a higher standard, is as common and misplaced as ever.

To allow for free will, there are times when Hashem will allow a person the “opportunity to be the messenger.”

“There is a mitzvah to pay the worker on that day,” answered Mr. Lerner.

Be happy. Be grateful. God knows what he is doing. It is all happening for a reason.

We get so busy living our lives, handling our day-to-day little crises that we forget to go that one step deeper and appreciate our lives.

The promise for long life only comes from 2 commandments; What’s the connection between them?

Mighty Amalek deliberately attacked enemy’s weakest members, despicable even by ancient standards

If we parents fail to honor responsibilities then society’s children will pay the price for our sins

Consider how our Heavenly Father feels when He sees His children adopting all other parents but Him

More Articles from Rabbi Meir Orlian
Business-Halacha-NEW

“There is a mitzvah to pay the worker on that day,” answered Mr. Lerner.

Business-Halacha-NEW

Mr. Steinberg ran downstairs to the ground floor. He saw that the table had fallen onto one of the cars sitting in the parking lot below.

“I don’t understand, though,” objected Mr. Weiss. “If the Torah states that the loan should be remitted, how can Hillel institute that the creditor can collect, against Torah law?”

“So there’s no way to lend past the shemittah year?” asked Eli.

The director picked up the phone to Rabbi Dayan. “One of our counselors lost his check,” he said. “Do we have to issue a new one or is it his loss?”

The two decided to approach Rabbi Dayan. “What is the halachic status of conquered territory?” asked Shalom.

“Does that mean a person can simply renege after payment was made?” asked Benjy incredulously.

“But I’m already dwelling in the apartment,” said Mr. Gold. “Shouldn’t that count? I’m no worse than a neighbor!”

Printed from: http://www.jewishpress.com/judaism/halacha-hashkafa/taking-a-loan/2014/06/03/

Scan this QR code to visit this page online: