Question:
Some time ago, someone borrowed money (about $100,000) as a business loan with a heter iska. The man is evasive and unresponsive about repaying and has not kept his most recent commitment of repaying 6,000 NIS a month and last payment was 6 months ago. What is my best avenue for collecting? May I halachically give it over to a debt collector / legal firm where I would expect they would pressure and perhaps intimidate or perhaps worse? Does a beis din have a way of enforcing/coercing repayment? Thank you
Answer:
Answer from Horav Y. Fleishman shlit”a
You should be tovea him in beis din. Either he will come in which case he will sign a legally valid arbitration agreement which has the effect that whatever beis din rules is enforceable legally or he will refuse beis din’s summons in which case beis din will permit you to do as you feel necessary. However, first you must be tovea him in a beis din.
