Yeshiva
Beit Midrash
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- Chemdat Yamim
- P'ninat Mishpat
This week we will present the guidelines in regard to the use of Hotza’ah Lapo’al, the governmental arm for the collection of debt.
Collection
1. The collection of debt is within the responsibilities of beit din.
2. One who is awarded money in a ruling of beit din may turn to Hotza’ah Lapo’al when the other litigant does not carry out the ruling and may, in addition to receiving the reward, be reimbursed for the expenses of extracting payment.
3. Hotza’ah Lapo’al, as opposed to beit din, levies interest payments against the person who owes the money and did not pay. It is permitted to accept those charges either as a penalty payment (see Yam Shel Shlomo, Bava Kama 9:30) or as compensation for lost profit (Mishpatecha L’Yaakov II, p. 116).
P'ninat Mishpat (835)
Various Rabbis
238 - Rent on Ruling Based on Unclaimed Claims
239 - Guidelines for Peshara
240 - Guidelines for Collection of Awards
Load More
4. Part of the task of a beit din is to determine the ability of the obligor to pay (Shulchan Aruch, Choshen Mishpat 97). Therefore, when he asks beit din to make a reasonable schedule of payment, beit din should agree to deal with the request, instead of sending the parties to Hotza’ah Lapo’al. (Standard payment through beit din is within 30 days.)
5. When the obligor asks for the spreading of payment over a very long period of time and it is not clear that his request is in accord with halacha, it is possible to submit the matter to Hotza’ah Lapo’al, who have the ability to perform a professional evaluation of his ability to pay. (Not only is this their specialization, but they also have access to financial records that beit din does not have).
Executing the Payment of Checks
6. The recipient of a check may turn to Hotza’ah Lapo’al to extract payment when the subject of the check is a debt about which there is no real legal dispute. This does not require the permission of beit din (Rav Eliyahu, Techumin III, p. 244).
7. If the obligor objects to the claim of debt, a proceeding in beit din is required.
8. It is proper to turn to beit din to approve the process at Hotza’ah Lapo’al, which can allow one to receive expenses that Hotza’ah Lapo’al may put on the other party.
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part I
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Seller with Questionable Rights to the Property – part II
based on ruling 84062 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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Various Events FOR WHOM NOT TO VOTE
Rav Zvi Yehuda Kook stressed that Israeli politics is G-dly, so I have no problem answering this common question on a Torani blog. Also, Free-Will is a G-d-given right and obligation, to "destine one's fate" (R. Soloveichik, Kol Dodi Dofek, 67), so I obviously don't tell others how to vote. But once not a few (especially young) have already asked, a couple of personal words from experience and thoughts from chazal & Rav Kook which may be of help to others, mainly for whom NOT to vote.
P'ninat Mishpat Fallout from Failure to Install Elevator – part II
based on ruling 85007 of the Eretz Hemdah-Gazit Rabbinical Courts
