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Parshas Behar-Bechukosai 5786

Monetary, Interpersonal Laws and Din Torah (69)


Multiple Guarantors: Areivim. Many times, a lender will ask the borrower to get more than one arev. This is standard procedure by many Gamachim who sometimes ask for up to four guarantors. The Rambam (1) holds that in such a case each arev has his own separate responsibility to pay the entire debt if the borrower does not pay. Therefore, the lender can go to claim and collect the whole debt from whichever arev he wants, even if the other areivim are able to pay. The Ravad (2) and the Ramban (3) argue and hold that the obligation is divided and each arev only has to pay his share. If one of the areivim cannot pay, or the lender cannot collect from him for any reason, only then can he go to the other areivim. Their reasoning is that whenever there are multiple areivim each one only wants to obligate himself on his share and will only pay more if the lender can’t collect from the others (4). The Tur (5) brings both opinions without a psak. The Mechaber (6) seems to rule like the Rambam, but later Poskim say that since many argue, the arev can say that I am a “muchzak” [the one holding the disputed amount] and you cannot make him pay on a safek, and he doesn’t have to pay more than his share.

Solution. The halacha (7) is that if the one who lends stipulates from the very beginning of the loan that he can get all of the debt from whichever one of the areivim he wants, it is a valid condition. In fact, many of the standard loan documents of the Gamachim are worded in such a way that the Gemach can collect from whomever they want.

One Arev Getting From the Others. In a case where one arev ends up paying more than his share, does he have the right to go to the other areivim to get paid back? The Mechaber (8) rules that he can go to the other areivim and get paid back. The later Poskim discuss if this is true according to all opinions, and if this becomes relevant, they must sit down with a Dayan or a Beis Din to iron out the matter. There also seems to be a difference between multiple areivim who obligated themselves together or at separate times (9), and all this needs to be settled by the above. Presumably if this would be stated clearly in the initial agreement - that in case one pays he can get back from the others - it would work.


(1) הל' מלוה כה:י (2) שם (3) ב"מ לד: (4) עיין חידושי הר"ן ב"ב קז: (5) חו"מ קל"ב (6) שם (7) שו"ע שם:ג (8) שם:ד (9) נתיבות קלב:ג


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