Condition to Pay Guarantee from Tithe Funds | Sheilot

Condition to Pay Guarantee from Tithe Funds

Question

A yeshiva student was asked to sign as a guarantor, and he was concerned that the borrower might not pay. Therefore, he stated that his condition was that if he had to pay, he would pay from his tithe funds. In reality, this is what happened; the borrower has no means to pay, and now the guarantor is being asked to pay. The question now is whether the condition is valid, allowing him to pay from the tithe, or if, since he is a guarantor, the debt is considered his, and he cannot pay his debt from the tithe?

Answer

Shalom Rav

Since he stipulated in advance that he is signing under this condition, if the borrower is poor to the extent that he is eligible to receive from the tithe, he can pay the guarantee from the tithe funds.

Answered 27 October 2022 How answers are reviewed
Rabbi Israel Cohen
Answered by
Answers questions at Rav Amram Fried's Beit Horaah
Smicha "Yoreh-Yoreh" (2012), Rav Amram Fried's Beit Horaah
Orach Chaim, Yoreh Deah
About the Rabbi

Comments

Have an additional question on this topic or need clarification? Leave your comment below. (Please note that the comment will not be published but will be sent directly to the answering Rabbi for review and a private response)

Please sign up or log in to submit your comment