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“So if I took money or something else as payment it would be OK according to the Shulchan Aruch?” asked Shlomo.

“The Shulchan Aruch and many other authorities mention Rabbeinu Tam’s leniency only regarding an agent of beis din, but seemingly do not permit the lender to grab items even for payment,” answered Rabbi Dayan. “Thus, this leniency is also problematic. Nonetheless, one authority [Even Ha’azel, Nizkei Mamon 8:13] permits the lender to grab cash as payment, but not other items, which require evaluation.” (See Mishpetai Tzedek, Hil. Dayanim 4:1)

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Rabbi Meir Orlian
Rabbi Meir Orlian is a faculty member of the Business Halacha Institute, headed by HaRav Chaim Kohn, a noted dayan. To receive BHI’s free newsletter, Business Weekly, send an e-mail to [email protected]. For questions regarding business halacha issues, or to bring a BHI lecturer to your business or shul, call the confidential hotline at 877-845-8455 or e-mail [email protected].