PEH584
Title
PEH584
Hirsch Summary
A had a debtor, B; when B and C came to him to buy goods, A refused to sell them anything unless C guaranteed B's old debt. C did so. However, when the guarantee became practically relevant due to B's death, C refused to recognize it. He justified this by stating that a guarantee without mention of the amount was legally invalid. Jacob ben David Fidanque agrees with C, provided that he genuinely did not know the amount of the debt, and thus, his guarantee. For this reason, he should be subjected to an oath. All of this is based on Torah law and is valid only if there is no conflicting commercial custom.
Volume
7
Local
21
Written Date
1776-03-31
Published Date (est.)
1776-05-19
Author Short Name
FidanqueJ
Author
Fidanque, Jacob ben David
Rector Short Name
Salem
Rector
Salem, Salomo
Collection
Tags
Citation
“PEH584,” Pri Ets Haim Amsterdam Responsa, accessed July 6, 2025, https://pehh.library.utoronto.ca/items/show/10653.