This week, yet another Washington debate over who deserves a
break on their debts drew to a close. On Thursday, the
Senate
voted against
allowing judges to adjust the terms of the
mortgages of people
filing for
personal bankruptcy.
Skip to next paragraph Scratch the surface of the
opposition in these sorts of debates, and it tends to ooze
moral righteousness. “People who get themselves in over
their heads,” the upstanding declare, “need to bear some
responsibility for their foolishness.” Maybe so. But if we
can’t pass legislation that gives us new tools to determine
who should be eligible for debt forgiveness, we need to look
elsewhere for written instruction. Given that large numbers
of Americans take many of their moral cues from their
spiritual beliefs, I decided to turn to the good books of
some of the world’s great religions for guidance on the
subject.
Just about every doctrinal expert I spoke with, no matter
the background, began by mentioning slavery. In ancient
times, when interest accrued and compounded, it was common
for the indebted to simply work it off. Often, this took the
rest of their lives. Many of the teachings that grew up
around debt forgiveness aimed to avoid that sort of outcome.
Still, the notion of enslavement, albeit of the
psychological sort, survived to modern times. N. Eldon
Tanner, a leader of the Church of Jesus Christ of Latter-day
Saints,
wrote: “Those who
structure their standard of living to allow a little surplus
control their circumstances. Those who spend a little more
than they earn are controlled by their circumstances. They
are in bondage.” This will be a familiar idea to people who
have considered the idea of
paying only the minimum amount on a large
credit card debt,
only to realize that if they do that, the debt may actually
outlive them. “Binding oneself financially is not something
that trumps every other need,” added the
Rev. Brian Daley, a
Jesuit priest and professor of theology at the
University of Notre Dame.
Scripture suggests that the redistribution of property is
also a reasonable thing to do. “You just can’t mention it in
public in the United States,” he said. “Our notion of
capitalism is so absolutized that we give it a
quasi-religious value.”
However strongly we believe in free markets (not, perhaps,
as fervently as we did a year or two ago), the theme of
forgiveness does run strongly through religious writings of
all sorts. In the Old Testament, for instance,
Chapter 15 of the book of
Deuteronomy calls for the forgiveness of debts
once every seven years. Religious leaders were aware,
however, of the chilling effect that could have on lending
(particularly in the sixth year). “The Torah says don’t
think that way, don’t be stingy” in that sixth year, said
Rabbi Mark Washofsky,
a professor of Jewish law at Hebrew Union College-Jewish
Institute of Religion in Cincinnati. He added that later on,
the Talmud introduced the idea
of a Prosbul. This was a sort of workaround court
that was not covered by the religious law. The Prosbul could
administer debts during or right before the seventh year.
When the court confiscated property outright, sometimes this
worked to the benefit of the debtor and sometimes to the
benefit of the creditor. “In other words, the ultimate power
resides with the community,” Rabbi Washofsky said. “It can
intervene in what was a private transaction, in a situation
of great need. The power is there. The real question is, do
you use it and when?” The answer depends on who you are
ultimately reporting to, your immediate supervisor, your
shareholders or the Entity that will ultimately render
judgment on you.
Father Daley, of Notre Dame, said that the New Testament
talked about debts to God resulting from sin. Another idea
popular with rabbis and early Christians, he said, was the
notion that doing good deeds turned God into a debtor. “God
is a kind of referee or bookkeeper, noticing things that
people do,” he said. “And if they do good deeds without
obligation, God will repay them in judgment. I think being
able to dismiss debts or forgive them is something that is
seen as a generous and gracious act.”
Bankers that cater to Muslims, who are not allowed to charge
interest because of some of the tenets of Islamic law, claim
to foreclose on homeowners less frequently than regular
creditors, according to
Mahmoud Amin El-Gamal,
an expert on Islamic finance and an economics professor at
Rice University. He
added, however, that any leniency was probably priced into
the financing in the first place, making it a bit more
expensive. The Koran, meanwhile, offers one of the more
useful ideas on debt. “If the debtor is in a difficulty,
grant him time till it is easy for him to repay,”
the passage in the second
chapter, verse 280, reads. “But if ye remit by
way of charity, that is best for you if ye only knew.”
Charity is not required here, according to Mr. El-Gamal. But
during that granting of time, he added, the creditor is not
allowed to charge interest.
This offers a possible compromise. If lenders and senators
are unwilling to allow judges to permanently alter the terms
of a mortgage
loan, perhaps they
would agree to allow qualified borrowers who have lost their
jobs or fallen ill to take a two- to six-month break from
making payments. During this time, the lenders would stop
the interest clock from ticking, not levy any fees and not
tack on missed payments to the end of the loan. Then, once
the borrowers were back on their feet, they could start
regular payments again. If they weren’t able to make them by
then, then foreclosure proceedings could begin.
Or, if this proves unpalatable or too expensive, how about
selling an
insurance policy that
would pay for a six-month period of payments? That could
satisfy both God and the gods of capitalism.
Perhaps if the Democrats want to enact bankruptcy reform,
they ought to bring an imam to address their opponents.