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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