Quiz — הלכות מלוה ולווה פרק ב

Question 1

Under Biblical law, what happens if a debtor has nothing to repay?

The Torah prohibition 'Do not be to him as a creditor' forbids imprisoning an insolvent debtor. He walks free without proving poverty.

Question 2

Why did the Geonim enact the bankruptcy oath?

The Geonim saw fraud increasing and enacted the oath so borrowers could not hide assets, making future lending possible.

Question 3

If a debtor takes the Geonic oath and later appears to have assets, what is the presumption?

Once the oath is taken, any visible assets are presumed his. He must prove otherwise — consistent with the ruling of the Rambam's teachers.

Question 4

Under what circumstance may a God-fearing judge refuse to impose the Geonic oath?

The Rambam rules that imposing the oath on a known pauper at the request of a vindictive creditor violates 'Do not be to him as a creditor.'

Question 5

When Reuven owes Shimon but Levi owes Reuven, what does the court do?

The law pierces through — the court collects from Levi and transfers to Shimon, and Reuven's suspicious admissions to Levi are disregarded.

🎓 Quiz