Hi,
[continued from yesterday's post]
Preface: In order to encourage payment of
debts, the sages enacted a rule permitting a creditor to demand that a debtor
in default swear that he does not have the means to pay his debt. Regarding
this, Rambam comments:
"And so I also say that if a person is established as a
cunning person, and his commercial activities are corrupt, and he has means,
possessing funds, and he claims that he has nothing and he runs to take this
oath, then it is not appropriate to make him swear.
"Rather, if the judge is able to compel him to pay his
creditor, or to excommunicate him until he pays, this is what he should do,
since this person has means. Paying a creditor is a mitzvah.
(Rambam, Mishneh Torah, Laws of Lender and Borrower 2:4)
Have a great day,
Mordechai
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