Parshas Acharei Mos-Kedoshim 5786
- Torah Tavlin
- Apr 24
- 2 min read
Monetary, Interpersonal Laws and Din Torah (67)
Mistaken Mechilah. A mechilah done by mistake is not valid and the loan amount is still owed (1). For example, if one forgave a debt because he thought the other party was poor, and later he learns that he was not poor, the mechilah is not valid. This refers to a case when he was really not poor at the time of the mechila, but if he became not poor later, the mechila is valid (2).
Informing the Lovah. If one was mochel a debt without telling the lovah [which helps as explained last week] and he comes to pay, the lender must tell him that the debt has been canceled and he cannot take the money. Even if he does not come to pay, it is proper to tell him for he might have shame or guilt feelings that are now needless. Also he might try to anonymously sneak back the money as payment, which is now unnecessary. If telling him face to face will be embarrassing, he could send an email.
When Mechilah Does Not Help. Mechilah only works on a debt - an abstract obligation on the lovah. If he has an item of mine, the term mechilah has no value. If he says “I gift it to you,” it is now in the domain of the holder and he acquires it immediately (3).
Guarantors: Areivim. Many Gemach and private loans are only given if there is/are a guarantor/guarantors. At the time of the loan, if someone even verbally without a kinyan, accepts responsibility for the loan, he has a Torah-based obligation to pay if the borrower does not pay. He is called an Arev. If he accepts responsibility after the loan has been given, he is only obligated if he makes a kinyan (4). This means that the provider gives an item of his to the guarantor to “acquire” (picks it up) and in turn obligates himself and all his assets to pay the loan.
Two Types of Arev. The first is a regular Arev who only has to pay after the borrower has exhausted all efforts to get paid from the borrower and wasn’t successful. The second, is an Arev Kablan where the borrower can claim right away, without going to the lovah (5). A verbal commitment at the time of the loan obligates both, even without a kinyan and even without a signature.
Vague Amount. Even if the Arev said, “Whatever you will lend him, I am responsible,” he is obligated. Even though there is no finite amount, which would make us think that perhaps it is not a sincere commitment, still he is obligated to pay (6).
(1) רמ"א חו"מ רמא:ב (2) פתחי תשובה רמא:ג (3) סמ"א עג:מט (4) שו"ע חו"מ קכט:א (5) שם:ח,טו (6) שם קלא:יג