Sunday, January 12, 2025

Fwd: WEEK TWO: Loans and Bankruptcy


---------- Forwarded message ---------
From: Bais HaVaad Halacha Center <info-baishavaad.com@shared1.ccsend.com>
Date: Sun, Jan 12, 2025, 8:00 AM
Subject: WEEK TWO: Loans and Bankruptcy
To: <agentemes4@gmail.com>


THIS MONTH'S YORUCHA TOPIC:

Loans and Bankruptcy

הלכות הלואה

Week 2 Focus:

ערבות

  • ARVUS AS SHLICHUS
  • ARVUS OR MAZIK?
  • ARVUS ON A NON-SPECIFIC AMOUNT
  • WHEN THE AREIV WAS NOT RELIED UPON
  • TITLE INSURANCE
  • A BACKSTABBING CUSTOMER
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Introduction

Although the concept of guarantorship – obligating a third party for the non-payment of another

person's debt, is recognized in halacha, the mechanics of it need to be understood. For one, in normal

circumstances there is no act of kinyan to make the agreement binding. Secondly, the agreement

seems to be an asmachta, a non-binding commitment since it is conditioned on circumstances that

aren't expected to come to pass.

Points to Ponder

  1. How does one become a guarantor – can a verbal acceptance to be an areiv suffice to obligate him?
  2. Can a minor or non-Jew appoint an areiv or be appointed as an areiv?
  3. Is every guarantee against loss considered binding – such as against a business loss or other mishap?
  4. If the borrower has assets but refuses to pay for some reason, can the lender go straight to the guarantor for payment?
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