Q&A: Debt Arrangements
Debt Arrangements
Question
Hi, we corresponded this morning, and I passed your answer on to the lecturer with whom I study insolvency, debt arrangements, and bankruptcy. According to the lecturer, priority of debt is not the only criterion for debt arrangements according to Jewish law. Even though we are studying mainly responsa on the subject—Akiva Eiger, Hershelbach, and especially from the 15th century, including some from Greece and Rhodes—thank you very much for your cooperation.
Answer
First, it would be worthwhile to bring the correspondence here so that the reader will know what this is about.
As I explained there, the question is what counts as “Jewish law” in this matter. There are responsa that deal with this, as with many other things, but they are really nothing more than the reasoning of the halakhic decisors. I do not regard such sources as sources of Jewish law, unless they offer an interpretation of Talmudic passages or verses. An example is the laws of decision-making in a community. This entered the Shulchan Arukh and appears in responsa, but it is all the inventions of the halakhic decisors. It is not essentially different from anything some non-Jew might write based on his own reasoning.