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- P'ninat Mishpat
Ruling: [We have seen that the agreement is valid, and now we conclude with the question of whether it was activated.]
Generally, a guarantor is required to pay only after there has been an attempt to receive payment from the debtor. However, this is irrelevant here because the whole nature of the agreement was that the "guarantors" would be obligated to pay instead of wi.
P'ninat Mishpat (832)
Various Rabbis
593 - Holding Guarantors to their Commitment? – part II
594 - Holding Guarantors to their Commitment? – part III
595 - How Much Acceptable Work Did the Worker Do? – part I
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However, the continuation of the agreement is that def are responsible for all of the expenses that come due to wi’s suit. This should include the minimum plausible amount that the courts would have ruled had there not been compromise. To the extent that there is doubt, it is to the detriment of pl, according to the rule that the beneficiary of an agreement has the burden of proof. The smallest amount that the courts give in cases like this is 2,000 shekels a month for one child.
Pl claims that the costs of this litigation should be included in expenses. However, since we posit that this adjudication into the meaning of the agreement is a legitimate one we do not believe that the obligation relates to that type of expense. It only relates to the expenses of wi suing, which wi had said she was not going to do.
[We are not mentioning the final sum because it includes elements of future payments based on various price indexes.]
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