Page 312 - EFI-RAV ZILBERSTIN_VOL 8.EFI-RAV ZILBERSTIN_VOL 8.1A
P. 312

Pg: 312 - 10-Front 21-10-31

        Reclaiming a Debt when this will Endanger the

                    Borrower’s Life

         Question: Reuven lent money to Shimon, who lost the money and
         then became ill. There is reason to be concerned that if Reuven de-
         mands his money from Shimon in beis din and Shimon is forced to
         sell his assets, his life will be endangered. Is Reuven allowed to claim
         the money from him?

            And what is the halachah when a physician knows that Shimon
         suffers from heart disease? Does he have an obligation to prevent Re-
         uven, the lender, from pressuring Shimon to pay? Or is he obligated
         to approach beis din, who are about to sell off Shimon’s assets and
         inform them that Shimon suffers from heart disease and is liable to
         be endangered?

            Response: This case appears to differ from the question above
         about handing over a criminal with heart disease to the police. That
         question involves a sinner who conducts robberies, concerning whom
         the passuk says, ”A king maintains the land through justice” (Mish-
         lei 29:4) and having mercy on him means being cruel to the public,
         therefore he should be handed over to the authorities. This case is
         different – we are not discussing a sinner but rather a person who
         has fallen on hard times and the anguish [he will suffer from being
         pressured to pay money he does not have] is likely to cause his death.
         We have never heard that mercy should not be shown in such a case.

            It appears that according to Torah law it is permitted to sell his
         assets after arranging that he will be left with the means of earning
         his sustenance, as stated in Shulchan Aruch (Choshen Mishpat, 100).
         However, his assets should be taken and sold in a way that will not
         cause him to have a heart attack. For example, beis din’s representa-
         tives, people active in public work and who administer charity funds,
         should be brought in to speak to him soothingly, consoling him by
         telling him that they will help him and strengthening him with their
         words, in a similar manner to that described in Karaina D’igarta (93)

296  1  Medical-Halachic Responsa of Rav Zilberstein
   307   308   309   310   311   312   313   314   315   316   317