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Ruling: We reject def’s claim that he did not understand the agreement (see Shulchan Aruch, Choshen Mishpat 61:13). We do not believe such claims. Also, commerce can work only when people are held to contracts (see Beit Yosef, Even Ha’ezer 66). Also, since the one who signed relied on those who asked to sign, it is considered as accepting whatever is written there (see S’ma 61:23). Finally, communications between the sides indicate that def admitted knowing in what he was obligating himself.
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
722 - How to Take Payment from A Guarantor – part I
723 - How to Take Payment from a Guarantor – part II
724 - Was New Principal Properly Compensated? – part II
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The main question is about the time frame of payment. On the one hand, def is in his last year of professional studies, and his wife recently started working. There is a process for extracting payment from those with limited resources called mesadrin l’ba’al chov (see Shulchan Aruch, CM 97:23). One who owes money is allowed to hold on to a bare minimum of his own property (it might be even stricter for an arev – ibid. 29), and these halachot are generally stricter on the obligated than the practices of Hotza’a Lapoal.
On the other hand, if the obligated does not have property to seize, we do not force him to work in order to have from what to take or incarcerate him until he makes payment available (ibid. 15). Beit din, though, which has limited capabilities in determining the debtor’s capabilities, can recommend that the creditor use Hotza’a Lapoal to make such determinations.
Pl presented a recording of a phone conversation between pl and def before the loan. Pl was concerned that def was not a viable arev, and def tried to placate him with the assurance that if need be, he could take a 120,000 NIS loan. Was that assurance binding? Kovetz Hayashar V’hatov (XVII, p. 123) claims that nowadays, it is common for people who owe money to borrow large sums from gemachim, and if a borrower did not expect to have money to pay back when due, we treat it as a binding promise to borrow from another gemach to pay. In this case, def actually did promise to borrow money. A promise to borrow is equivalent to a promise to work.
We will continue from this point next time
Beit Din Eretz Hemda - Gazit
P'ninat Mishpat A Commercial Rental for a Closed Business – part II
based on ruling 80047 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 P'ninat Mishpat: Undoing a Problematic Partnership – part I
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part II
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
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