Threatening a Person to Pay a Debt
Question
Shalom, honorable Rabbi,
I wanted to ask a question regarding a monetary debt.
About six or seven years ago, I was involved in the real estate field and worked as a real estate agent. At that time I helped a certain person and lent him the sum of 17,500 euros. He wrote in his own handwriting on a piece of paper that he owes me this amount, and I have the original document with his handwriting.
Over the years I approached him several times and asked him to return the money to me. Each time he put me off and told me that he would pay me in the future, but in practice he did not repay the debt.
Recently I met him again, and he told me explicitly that he does not intend to pay me, claiming that “you already profited enough from me, and therefore I will not give you money.”
I am a person who observes Torah and mitzvot, and it is very important to me to act according to Torah law and not to do anything that is forbidden according to Halacha.
The problem is that if I summon him to a din Torah, I think he will simply refuse to come and will not pay any attention at all to the beit din’s notice, because he is not a religious person and does not trust rabbis or batei din.
Therefore I wanted to ask the Rabbi:
Is it permissible for me to send another person, for example a large and strong person, to approach him very forcefully and frighten him, without hitting him and without causing him any physical harm, but to say things to him such as: “You are obligated to pay the money, and if not—there will be consequences,” with the goal of making him afraid and causing him to pay the debt?
Is there a difference between an actual threat and merely applying pressure or intimidation, when my sole purpose is to get back money that he admits he owes me?
Of course I want to receive my money, but I do not want to transgress any prohibition or act against Torah law.
What is the proper path according to Halacha in such a case, especially when the debtor refuses to come to a din Torah?
Thank you very much, honorable Rabbi, for the guidance.
I wanted to ask a question regarding a monetary debt.
About six or seven years ago, I was involved in the real estate field and worked as a real estate agent. At that time I helped a certain person and lent him the sum of 17,500 euros. He wrote in his own handwriting on a piece of paper that he owes me this amount, and I have the original document with his handwriting.
Over the years I approached him several times and asked him to return the money to me. Each time he put me off and told me that he would pay me in the future, but in practice he did not repay the debt.
Recently I met him again, and he told me explicitly that he does not intend to pay me, claiming that “you already profited enough from me, and therefore I will not give you money.”
I am a person who observes Torah and mitzvot, and it is very important to me to act according to Torah law and not to do anything that is forbidden according to Halacha.
The problem is that if I summon him to a din Torah, I think he will simply refuse to come and will not pay any attention at all to the beit din’s notice, because he is not a religious person and does not trust rabbis or batei din.
Therefore I wanted to ask the Rabbi:
Is it permissible for me to send another person, for example a large and strong person, to approach him very forcefully and frighten him, without hitting him and without causing him any physical harm, but to say things to him such as: “You are obligated to pay the money, and if not—there will be consequences,” with the goal of making him afraid and causing him to pay the debt?
Is there a difference between an actual threat and merely applying pressure or intimidation, when my sole purpose is to get back money that he admits he owes me?
Of course I want to receive my money, but I do not want to transgress any prohibition or act against Torah law.
What is the proper path according to Halacha in such a case, especially when the debtor refuses to come to a din Torah?
Thank you very much, honorable Rabbi, for the guidance.
Answer
Shalom u’verachah.
You must file a claim in a din Torah.
If he is not willing to come, it is permitted to act through other means.
Comments
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