Tuesday, June 12, 2018

The Status Of A Check In Halacha - Part 2

More nafka minahs if a check is money or not:

  • If you lend someone money with a check is it cancelled in the Shmitta year? If it is money then yes, otherwise no. 
  • If one gives a check as a gift and then changes his mind and wants to renege on the gift, may he cancel the check? If it is money - no [he already gave the gift - too late]. If it is but a שטר חוב then maybe he can. 
  • If he burns or otherwise destroy his friend's check [they probably won't be friends for much longer...]. If it is money then he is a מזיק גמור and he must pay as such. If it is not then he only has to pay מדינא דגרמי and not as a מזיק גמור. The nafka minah is when he burned it בשוגג because according to some [תוספות בב"ב כ"ב] one doesn't have to pay מדינא דגרמי if he damaged בשוגג. 
  • If he found the check of an עכו"ם. If it is not money then it is אבידת עכו"ם and permitted while if it is money then it is forbidden as גזל עכו"ם. 
  • If a person wrote a check and then died [by the way, studies show that every person who writes checks eventually dies, so don't say you weren't warned] before it was cashed. If it is money, then it belongs to the receiver. If it is not, then it is merely a debt which the children of the deceased don't have to pay according to the strict letter of the law.
  • Myse she-haya: A man wrote a check for tzdaka for [let's say] 100k, knowing that he has only 50k in his account and that the check would bounce. The collector was clever and when the teller told him that there is not sufficient money in the account, he deposited 50k into the man's account and then cashed the check... If a check is money, then he gave the money and the collector gets to keep it. But if it is only a שטר then it might have the status in this case of a שטר אמנה or שטר פסים [a fictitious shtar written with the intention that it not be used - see Ksubos 19] and he may not collect.