YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Ruling: We will now discuss pl’s responsibility for not keeping to the amount of credit he was allowed to give customers. Pl claimed that he did not receive enough training. Beit din rejects this claim, as he had clear lists and knew exactly what was beyond the limits. The amounts given were large and when given in installments, the installments were close together. Apparently, the hope for large profits from the high interest enticed pl to exceed limits.
Pl does have a better claim – that def had access to all the records in real time and allowed these large loans to go through, probably on purpose; at least he should have known about them. Def claims that he did not notice how large the credits were. However, from the testimony of Mr. P. and the records of guarantees that def arranged in certain cases, we see a pattern of def being aware and deciding when the amounts were acceptable to him. Under these circumstances, it is correct to divide responsibility for the failed loans, with def, the owner, being mainly responsible. Since it is impossible to know how to quantify, we will employ logical compromise positions (see Shulchan Aruch, CM 12:5). Beit din employed logic in each case and set a formula to deal with the possibilities that some portion of the money owed by defaulting borrowers will be recovered. Regarding the claims of expenses by pl, beit din accepted two thirds of the amounts.
Pl’s action of receiving cash from certain borrowers even though their checks were given to sup was unconscionable. Therefore, all damages to other parties that resulted will be only on pl.
P'ninat Mishpat (834)
Beit Din Eretz Hemda - Gazit
609 - Losses from Financially (and Morally) Bad Loans – part II
610 - Losses from Financially (and Morally) Bad Loans – part III
611 - Who Drove Worse?
Load More
Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Limits of Interest Rate for Loan with Heter Iska – part II
based on ruling 80033 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Payment for Not Clearing Warehouse On Time – part II
based on ruling 75076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Who Breached the Contract? – part IV
Based on ruling 81087 of the Eretz Hemdah-Gazit Rabbinical Courts
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)
Rabbis in Midrash
Lessons
fast navigation
Moreshet Shaul Hashem Is your Shadow – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 420 – an address from 1941
P'ninat Mishpat A Non-Contractor in Changing Times – part I
(based on ruling 85128 of the Eretz Hemdah-Gazit Rabbinical Courts)
Moreshet Shaul Our King on Rosh Hashana, Our Father on Yom Kippur.
Based on Aroch Siach, p. 221 (Rav Shaul Yisraeli)
P'ninat Mishpat A Non-Contractor in Changing Times – part II
(based on ruling 85128 of the Eretz Hemdah-Gazit Rabbinical Courts)
Moreshet Shaul Hashem Is your Shadow – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 420 – an address from 1941
Parashat Hashavua Happiness for the Right Reasons
[With painful longing, we share these divrei Torah from our co-Rosh Kollel for close to 40 years, Harav Moshe Ehrenreich zt”l.]
