PEH494

PEH494

A man, A, who had formerly been wealthy, ran into financial difficulties. His numerous creditors negotiated with him through two men from among themselves. An agreement was reached that the debtor would surrender all inventory and provide a list of his outstanding debts, so that they could be collected from the creditors. In this agreement, the creditors lost 10,000 guilders. A demand for 10,000 guilders was omitted from the list because the debtor, a non-Jew, had also fallen into financial difficulties and emigrated to India. When this non-Jew, who had since become wealthy again, died three years later, his creditors inherited his entire estate according to his will. A received 40,000 guilders from this. When A's creditors learned of this, they claimed that A had deceived them in the agreement. Therefore, the agreement was invalid. They demanded the 10,000 - rightfully theirs - and also the entire 40,000 guilders. Jacob ben David Fidanque declares the claim for the 10,000 guilders to be justified, but the additional demand is to be rejected as unauthorized and violates the biblical prohibition of usury.

6

4

1768-11-05

1768-12-11

FidanqueJ

Fidanque, Jacob ben David

Salem

Salem, Salomo