Sunday, June 22, 2008

Collecting on a loan by force


We have seen that Jewish law severly limits what a creditor may do, in terms of taking collateral.

However: If a debtor defaults, a Jewish court is able to confiscate his property, hold it for thirty days, and then - if the borrower still has not paid - sell it for payment to the creditor.

This ability of the court is limited to confiscating assets which are not needed by the borrower for his day-to-day life.

(Shulchan Aruch Choshen Mishpat 97:17)

Have a great day,

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