THE BAIS HAVAAD HALACHA JOURNAL: Volume 5776 Issue XXI Ki Sisa CHECKS IN HALACHA Reuven gave Shimon a check for money that he owed him. Can Reuven now cancel the check? In another scenario, Shimon takes the check and loses it. Do we consider this as if Shimon has lost cash? What is the status of checks in Halacha? By: RAV YAAKOV RAPPAPORT CHECKS IN HALACHA Reuven gave Shimon a check for money that he owed him. Can Reuven now cancel the check? In another scenario, Shimon takes the check and loses it. Do we consider this as if Shimon has lost cash? What is the status of checks in Halacha? By: RAV YAAKOV RAPPAPORT

BACKGROUND In the Gemora in Kesubos Daf 101 we find that if Reuven writes in a document that he admits that he owes Shimon money, this is considered a Shtar Hischaivus, a document in which he obligates himself to pay. Shimon can later collect the money as written in the Shtar. Another Shtar Chov is one where witnesses sign that they have witnessed Reuven borrowing money from Shimon. This is the more common Shtar Chov, but a Shtar Hischaivus is also a bona fide Shtar Chov. The Rishonim and achronim tell us that the validity of this shtar is based upon the principal of Hodoas Baal Din K’meah Eidim Domi, the admission of a litigant to a financial obligation, and certainly if documented in a shtar, is considered as if witnessed by one hundred witnesses. A shtar hischaivus does not require witnesses. The hand writing of the one who is obligating himself is sufficient.