Parshas Vaera 5786
- Torah Tavlin
- 5 days ago
- 2 min read
Monetary, Interpersonal Laws and Din Torah (61)
Laws of Halva’ah (Loans) (cont). Here are four questions that have been asked about a person who is requested to lend money but he knows that he might not get paid back because of the situation of the prospective borrower.
1) Do I have to lend? Is there any way out of it?
2) If I don’t want to lend, can I lie about my reason, not to make him feel bad or not to have to get repeated requests from him?
3) Can I lend this person having in mind that in case he doesn’t pay back the loan, it will come from maaser money?
4) If the loan took place and I don’t have have a way to get it back from the borrower, can I collect tzedaka telling people that it is for an unnamed person who needs to pay a debt, and then keep the money for myself as payment of the loan?
Answers: 1) There is no obligation to lend in such a case (1).
2) If possible, one should not lie but answer vaguely, “It’s hard for me to lend now” or later on “It’s still hard for me to lend.” If that will not suffice, one can “lie” and say “I don’t have” for two reasons: Firstly, one is allowed change the facts for the sake of peace (2). Even though the Magen Avraham (3) holds that this is only said by past facts and not what is still relevant, many Poskim disagree and quote stories from the Gemara (4) where Tannaim were lenient even about present and future facts. Secondly, the Steipler zt”l is quoted (5) as saying that it is not a lie, because it could mean “I don’t have [what I want] to lend you.”
3) Yes you can (6).
4) It would seem that such a thing is permitted. As mentioned in the question, it should be spoken out when collecting tzedaka that the money is meant to pay a debt. Some givers want to give the needy person tangible benefit and not just money that goes straight to creditors. Sefer Tzedakah Umishpat (7) addresses this case and does not have a clear practical ruling.
(1) כמבואר בחו"מ צז:ד (2) יבמות סה: (3) מגן אברהם קנו:ב (4) ברכות כז:, ביצה כ. (5) ספר חנוך לנער עמ' ל"ח (6) עיין צדרה ומשפט ה:מד (7) פ' ב, אות נ"א