PEH584

PEH584

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.

7

21

1776-03-31

1776-05-19

FidanqueJ

Fidanque, Jacob ben David

Salem

Salem, Salomo