Parshas Shelach 5786
- Torah Tavlin
- Jun 12
- 2 min read
Monetary, Interpersonal Laws and Din Torah (72)
Question: I lent someone money and for a while he made a few partial payments. But he couldn’t keep paying and for years no payments came. He then got rich and wants to pay the balance, but neither of us remember the amount left to pay. Should he just pay the amount he knows for certain because he might be paying interest [Ribbis], or can he add enough to make sure he covers the debt even though he might be overpaying?
Answer: The Ra’avad rules (1) that since the payer is paying a bit more to remove any doubt, not to reward extra money to the lender for lending him the money, it is not called Ribbis.
Question: I lent somebody money and he later declared bankruptcy, does he still owe me the full amount if he later becomes wealthy and can now make the full payment?
Answer: Many Poskim feel that since the concept of bankruptcy is for the good of the country, to give a chance to one who had a business flop, to become a productive, tax paying citizen living a normal life, it is considered "דינא דמלכותא דינא" [law of the land is valid for Torah observers]. There is also room to say that since this is a common practice in the business world, it becomes a strong binding custom, agreed to by all who participate in the country’s economics, which becomes like a halacha that must be kept by all. Thus, R’ Moshe zt”l writes (2) that since the courts divide the assets among those who are owed, cents per dollar, one may not “grab” more than the courts will allow him. He does not discuss the obligation of the one who owes, but it sounds like he doesn’t owe more than the courts obligate him to pay. This is like the opinion of the Masas Moshe (3). Others disagree (4) and feel that this is not "דינא דמלכותא דינא" and obligate the person to pay as soon as he can. If those who are owed settled with a kinyan to accept partial payments according to the direction of the courts, it would seem then that he is exempt forever. This is not simple as the person just signed to get what he can now, and doesn’t mean to forgive the rest. If a person uses bankruptcy as a way to hide his assets and not pay when he really can, in that case he surely owes. Because of the complications one must consult with a Dayan on how to proceed.
(1) תמים דעים סימן ס' (2) אגרות משה חושן משה ב:סב (3) שו"ת משאת משה הובא בגליון רע"א חו"מ יב:יג (4) מנחת אלעזר ג:לא, והמובאים בפסקי משפט שסט:יא:לב