Question:
Shalom aleichem Harav. I found a shtar halva'ah from a loan I gave approx. 10 yrs ago. I don't recall if it was repaid. The borrower doesn't recall either but asserts, "Had I taken a loan, I for sure would have repaid it." Inherent in that is his doubt about taking the loan at all, which is fascinating because I have a shtar signed by him. First question: is he chayiv? Second question: I lent it from a gemach that I fund from my earnings (al pi the Chofetz Chaim's aitzah in Ahavas Chessed, 1/3 and 2/3). As such, do I have the ability to be mochail as if it were a personal loan, or not?
Thank you and yasher koach.
Answer:
Hello,
Being that you yourself don’t remember the loan, it depends on your habits, and how you run the gemach. If it is possible that he did pay you, and you didn’t give return the shtar to him, (i.e. he met you somewhere and paid you back). Then you only have a “possible” claim, and you can’t force him to pay.
Regarding the fact that the money is from a gemach, that is also not an issue, because you are the “gizbar” (treasurer), and you have the power to make certain decisions for the gemach, such as this when you don’t know if it is owed.
Best wishes
