Photo Credit: Jewish Press
Mr. Samuel, a retired man with minimal savings and no family for support, sustained himself with the help of tzedakah he collected. When times were tough, he turned to his neighbor, Mr. Judah, for small loans, with Mr. Weiss serving as guarantor.
After Mr. Samuel’s passing, Mr. Judah sought repayment from Mr. Weiss for two loans, one of $750 and another of $250. Despite Mr. Judah’s assurances that Mr. Samuel had not repaid the loans, Mr. Weiss questioned the lack of concrete evidence.
Seeking clarity, the two men approached Rabbi Dayan for a ruling. Rabbi Dayan explained that in cases of loans without official documentation, the borrower is believed to have repaid unless there is uncertainty. However, the guarantor is only liable if the borrower admits to non-payment and is unable to settle the debt.
Various perspectives were discussed, with the conclusion that Mr. Weiss was halachically obligated to repay the $750 loan based on Mr. Judah’s admission, but not the $250 loan unless he trusted Mr. Judah’s claim.
Verdict: The guarantor is liable when the borrower admits to non-payment, but not if there is no admission and the borrower is not present.