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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 (835)
Beit Din Eretz Hemda - Gazit
666 - Dealing with Uncompleted Renovations
667 - Payment Plans
668 - 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 Repercussions of a Sale that Turned Out Not Happening – part III
(based on ruling 83045 of the Eretz Hemdah-Gazit Rabbinical Courts)
Igrot Hare’aya Semi-solicited Advice to Calm Down Petach Tikva
#227 Date and Place: 8 Tishrei 5669, Yafo
P'ninat Mishpat Limits of Interest Rate for Loan with Heter Iska – part I
based on ruling 80033 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Profits from Formerly Joint Swimming Pool – part
(based on ruling 81110 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'ninat Mishpat: How Many Dayanim?
based on ruling 84139-1 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)
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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
