Country: ארצות הברית

Question

I have heard that there is a problem with lending money to others without a written document or witnesses. Is this indeed the halachic ruling, and what is the law if I am certain that the borrower will not forget and will repay me the money?

Thank you.

 

Answer

Even if you are certain that the borrower will repay the loan, it is forbidden to lend money without witnesses or a written document, unless the borrower provides some form of collateral for the loan.

The reason for this ruling is that even an honest and upright person may sometimes forget about the loan. As a result, the lender may cause the borrower to deny the loan and thereby violate the prohibition, “Do not place a stumbling block before the blind.” In addition, if the lender demands repayment and the borrower denies the loan, the lender may cause others to regard the borrower as a liar.

 

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