What must a person compose to empower someone to litigate on his behalf?
Halacha 1: A harsha'ah document must be composed and a kinyan performed. Without it, the defendant can refuse to engage, saying the agent is not his legal adversary.
Question 2
Does one partner need authorization from his co-partners to sue on behalf of the entire partnership?
Halacha 3: Since a partner owns a portion of the contested funds, he has inherent standing to sue for the whole without a harsha'ah from his co-partners.
Question 3
Why can a creditor generally not grant power of attorney to collect a loan?
Halacha 7: A loan is given to be spent — the money no longer exists in the lender's hands. One cannot transfer ownership of something non-existent. The Geonim's workaround is treated as a social deterrent.
Question 4
An agent was granted power of attorney and chose to waive the entire debt owed to the principal. Is this effective?
Halacha 9: The agent may only improve the principal's position, not waive or diminish it. Such a waiver has no legal effect unless the harsha'ah explicitly authorized the agent to act whether beneficial or harmful.
Question 5
A defendant tells the agent holding a harsha'ah: 'Maybe the principal revoked your authorization and appointed someone else.' Can he refuse to pay on this basis?
Halacha 10: A defendant cannot refuse payment citing possible revocation. The agent leaves the deed with the defendant; if the principal did authorize another, the loss is on the principal, but the defendant is discharged.