Guarantorship for a Jew's Interest-Bearing Loan from a Non-Jew After Capitalization

From: Rabbi Moshe Sofer

To: Rabbi Moshe of Paksh

Description

The Chasam Sofer rules that a Jew may serve as guarantor for another Jew's interest-bearing loan from a non-Jew when the interest has been capitalized into the principal from the outset, since the entire sum is then regarded as principal. He grounds this in R' Yochanan's principle that a written self-imposed obligation creates a genuine Torah-level debt, and cites the Mordechai's ruling and the Shiltei Giborim's testimony of widespread practice in support.

Source: Shu"t Chasam Sofer YD §136

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