HaGaon HaRav Moshe Shternbuch, the Rosh Av Beis Din of the Eidah Chareidis, spoke during the course of a shiur klali to his yeshivah in Beit Shemesh about an unusual incident he experienced while presiding over a case in Beis Din.
During the shiur on “סלעים דינרים” in Masechtas Bava Metzia, HaRav Shternbuch mentioned the known safeik of HaGaon HaRav Chaim Soloveitchik, z’tl, if someone who borrows money in a certain denomination can pay back the loan in a different denomination. After speaking on the subject for a full hour, the Rosh Yeshivah told over a story that happened to him a number of years ago.
“We paskened in a Din Torah that the defendant was obligated to pay the plaintiff a thousand shekel,” HaRav Shternbuch said. “The defendant swore that the other side was lying and was trying to steal from him but we said that according to din Torah he has to pay and if he doesn’t pay the Beis Din will have to issue a siruv (refusal) letter against him.”
“The next day, he came to the Beis Din with bags full of thousands of five-agurot coins in the value of a thousand shekels and told the Beis Din that’s how he’s paying his debt.”
HaRav Shternbuch continued: “I called the bank to clarify the legal status of a five agurot-coin, if it can be used in all transactions. They responded that according to the law, it is acceptable for all transactions.”
“On one hand, the five-agurot coin can be used for expenses but on the other hand, it causes the plaintiff tircha and additional expenses because he can’t change it anywhere, only at the Central Bank, and even the Central Bank couldn’t do it immediately but only after a week.”
After a lengthy discussion on the subject, HaRav Shternbuch concluded that the answer to the shaila is a machlokes among the poskim and mei’ikar halacha it’s appropriate to require the defendant to pay in denominations acceptable in every store and not in five-agurot coins. “But halacha l’meisah, the matter is dependent on the circumstances because sometimes you have to absolve the defendant since he’s a ‘muchzak’ (has prior ownership).”
(YWN Israel Desk – Jerusalem)
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3 Responses
The Dubner Magid has a mashel on the Hagadah where a young man worked for someone who wanted to pay him in paper money instead of coins, so they called the boys father who said if he worked for you, you must pay him in currency he values. When Hashem said that after the redemption from Mitzraim the Jews will leave with a great wealth, Hashem meant the Torah but the Jews did not understand it so Avraham said that they must be paid with a wealth they appreciate and value.
Not that it matters, but the Rav’s position is not unlike parallel holdings under secular law. Just because a coin is “legal tender” that does not mean a business or government entity is required to accept it as payment for a debt, fine or other obligation if such payment imposes additional costs or risks to the creditor. Many businesses refuse to take anything over a $20 bill for fear of counterfeiting or any cash for that matter for fear of theft. Same goes for the government. Unless there is a state or municipal law or rule that requires them to do so, no government entity has to accept your pennies for payment.
Gadolhadorah,
This is not the truth. Please see the following articles;
1) https://nypost.com/2017/01/13/man-pays-inconvenient-dmv-fine-with-300k-pennies/
2) https://www.bbc.com/news/world-us-canada-38603615