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ערבות
Begins June 4, 2028 · provisional
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When people cosign on a debt, the cosigner typically signs a contract to that effect. Occasionally, someone simply states verbally that he is guaranteeing a loan but he doesn’t actually sign on any document. Is a verbal commitment to guarantee a loan binding according to halacha ?
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Is there a specific way a guarantor has to express his guarantorship on the loan? Does he have to say “I am accepting to be an areiv, ” or is it enough for him to just say that he will take care of the debt if necessary?
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Traditionally, when we talk about arvus we are talking about loans. But there are other circumstances when one might make a guarantee to the repayment of a debt. For example, if someone is buying a house and is nervous there might be liens on the house, and someone else tells him that he guarantees there are no liens and, if there are, he’ll compensate for them, does that guarantee have standing in halacha?
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Shimon asks Reuven for a loan. Shimon is not sure if Reuven is reliable so he asks a third party, Levi, if he can trust Reuven. Levi vouches for Reuven, so Shimon gives him the loan. Ultimately, Reuven defaults on the loan. Shimon then tells Levi that he only gave Reuven the loan because he vouched for him, so he believes Levi is now liable. Is he correct?
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