Bais HaVaad on the Parsha, Parshas Mikeitz

The Loan Arranger

December 26, 2024

Excerpted and adapted from a shiur by HaRav Chaim Weg

I will guarantee him; of my own hand you can demand him. If I do not bring him to you and stand him before you, then I will have sinned to you for all time.

Bereishis 43:9

The Gemara enumerates three different kinds of areiv (guarantor):

• The standard areiv: If the borrower doesn’t pay, the lender may collect from the
• An areiv kablan: The lender has the choice to collect from either the borrower or the (The Gemara derives the validity of this type of areiv from our pasuk.)
• An areiv shluf dutz: The areiv takes primary responsibility, and the lender turns to him first for payment.

In contrast with most obligations in Choshen Mishpat, which are incurred in exchange for the receipt of some benefit, an areiv undertakes the responsibility of repayment without receiving a thing. By what halachic mechanism does he become obligated?

The Kehilos Yaakov (Kidushin 12) offers four explanations:

• The Rambam explains it as a kinyan odeisa, where the areiv acknowledges that he is responsible to pay.
• According to the Ritva, the areiv’s obligation is in exchange for the pleasure he derives from the trust placed in him by the lender.
• The Rashbam suggests that since the areiv instructs the lender (who is considered his agent) to lend the money to the borrower, the areiv “receives” the money to give to the borrower, and in exchange, he must repay the loan.
• The Nimukei Yosef says the obligation takes effect with only the verbal commitment of the areiv because that commitment was so strong that it made the lender willing to part with his money.