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“This rationale might be applied nowadays to a legally enforceable loan document signed by the borrower,” concluded Rabbi Dayan. “Thus, the Rama’s ruling that the dayan should do as he sees fit would apply, even according to the Shach.” (See Hayashar V’hatov, vol. IX, pp. 84-85)


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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 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