הרב יוסף חי סימן טוב משיב כהלכה

Question

I own a grocery store, and in the presence of witnesses I gave merchandise on credit totaling 200 NIS to a person in our neighborhood who is mentally unwell and meets the halachic definition of a “shoteh,” while he was hospitalized. A few hours later, he passed away. Are his heirs obligated to repay the debt from the money and property they inherited from him?

 

Answer

A loan to a person who meets the definition of a “shoteh” means giving a gift, for one knows that since he lacks the mental capacity to understand and comprehend, he will not be able to demand his money back afterward. Therefore, the heirs of a shoteh have no obligation whatsoever to repay their predecessor’s debt.

 

Tur and Shulchan Aruch (Choshen Mishpat, siman 96, סעיף 5), state: “However, a shoteh—even if he later recovers and acknowledges [the debt]—is not obligated to pay. Even if he was lent [the money] in the presence of witnesses, it is considered a deliberate loss.” End quote.

This response was translated automatically from Hebrew and has not yet been reviewed by a person. Therefore, it may contain inaccuracies and should not be considered a definitive reference.

This response was translated automatically from Hebrew and has not yet been reviewed by a person. It may therefore contain inaccuracies and should not be considered a definitive reference.

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