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Ruling: A debtor should pay back a loan as close to its due point as possible, and so def has abrogated his responsibility written in an agreement and must do all that is possible to pay now. Since there are four equal partners, each should pay 63,500 NIS, even if the others are not able and even by selling non-essential property to obtain cash. Additionally, partners are naturally cosigners for each other’s debts (Shulchan Aruch, Choshen Mishpat 77:1). Therefore, if some of the partners are able to pay more than their share, they are required to do so and then turn to the other partners for repayment when feasible.
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
693 - Dealing with Uncompleted Renovations
694 - Payment Plans
695 - New Evidence on Possible Partnership
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There is a machloket regarding paying a worker. Ahavat Chesed (I,9:7) learns from Rashi (Vayikra 19:13) that the reason an employer has a grace period is for him to arrange financing. Shulchan Aruch Harav (CM, She’eila 18) says it is only a matter of proper ethics to borrow to pay wages, because of the mitzva to pay. Mishpetei Hachoshen (Sechirut Poalim, p. 407) suggests that the Shulchan Aruch Harav is not a proof other debtors are not obligated to borrow, as it could be that the ethical matter is only to enable someone to pay a worker on time. He also says that the Ahavat Chesed is not a proof that there is generally an obligation to borrow as it might be unique to workers.
Rav Z.N. Goldberg posited that there is an obligation to borrow to pay debts, especially if a person has property from which to pay but does not want to sell it. Similarly, Teshuvot V’hanhagot (II, 702) says that one who is accustomed to borrow money for his other needs is required to do so to pay debts. So, if the partners are borrowing money to finance other commercial needs, they should do so for this purpose as well. Here, we are not forcing def to borrow money but informing them that there is at least a moral ideal to do so, if it is expected that they will be able to pay off the new loan.
Regarding the idea of a new payment plan, it is permitted to do so with a higher total payment without worrying about ribbit (usury) because someone who borrows money in order to lend it is entitled to be compensated for his expenses (see Piskei Din Yerushalayim VIII, pg. 61).
Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Profits from Formerly Joint Swimming Pool – part
(based on ruling 81110 of the Eretz Hemdah-Gazit Rabbinical Courts)
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael
#222 Date and Place: 2 Elul 5669 (1909), Rechovot
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
Igrot Hare’aya Departure of an Uncle to Eretz Yisrael
Igrot Hare’aya – Letters of Rav Kook: Vol. I, #1 , p. 1-2 – part II
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part III
based on ruling 84061 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: Unsuccessful Transfer of Yeshiva – part V
based on appeal ruling 82138 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
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The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
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(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
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Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
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Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
