Parameters of Not Being a Nosheh (Harassing a Borrower)

Parameters of Not Being a Nosheh (Harassing a Borrower)

There is a prohibition in the Torah of “Lo sihyeh lo kenosheh” (Do not act toward him as a creditor). If after asking the borrower once whether they have the money to repay they respond in the negative, and we know that they do not have the funds, we may not ask them again. We may not cause them anguish by harassing them. In fact, we should not even pass them by on the street if doing so will make them uncomfortable. However, if the borrower is accustomed to seeing the lender on a regular basis and does not feel uncomfortable, it’s not a problem. On the other hand, if the borrower does have the means to repay but does not, we may go to Beis Din to collect the money owed us. 

The prohibition does not apply in various situations: It applies only to a borrower who has absolutely no money and no collectable assets, and in our times it is rare to find a person who has absolutely no money or assets; the prohibition applies only if the lender knows that the debtor has no money; if they are in doubt, they may speak to the debtor regarding the debt; if the lender genuinely has reason to believe the debtor might have forgotten about the debt, it is permissible to remind them. In addition, the prohibition against harassing a debtor only applies to a loan—it does not apply to payment for work, and it does not apply to money pledged for tzedakah, which is not a loan. #278?1

https://halacha2go.com?number=278

Practical Halacha: One minute a day. By Horav Yosef Yeshaya Braun, shlita, Mara D'asra and member of the Badatz of Crown Heights.