The 21st annual conference of judges from monetary rabbinical courts in Jerusalem focused this year on whether unpaid debts may be indexed to inflation. The gathering was organized by the Mishpat Eretz Institute and the Eretz Hemda Gazit network of rabbinical courts, as part of the annual conference of the Halichot with Israel association headed by Rabbi Dr. Ratzon Arusi.
The event brought together dozens of dayanim to discuss one of the most pressing issues facing religious courts. It is known for addressing practical questions at the intersection of Jewish monetary law, the modern economy, and state law, with the aim of shaping a common halachic policy for private monetary courts. In past years, the conference has dealt with issues such as grama, appeals, litigation costs, compromise, expert witnesses, and similar matters, and its conclusions have influenced many courts.
Another feature of the conference is the meeting of experienced judges with younger dayanim and kollel students training for rabbinical judging. The session was chaired by Rabbi Yaakov Ariel, Rabbi Shlomo Ishon, Rabbi Tzion Luz, and Rabbi Igra, who all took part actively in the discussions. Rabbi Hillel Gefen, a researcher at Mishpat Eretz, presented a position paper before the participants debated the issue.
Rabbi Tzion Luz, a judge on the Rabbinical High Court who has written an extensive ruling on the subject, said he generally supports indexing a debt to the consumer price index when the debtor failed to pay on time and in bad faith. He stressed that judges must consider not only the concern about ribit, interest, but also the harm caused to a creditor whose money has lost value. In his view, refusing indexation when it is halachically permitted is not stringency on interest, but leniency toward theft against someone whose funds were eroded.
