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Must a guarantee be in writing to be enforceable in Israel?

In practice, yes. Section 5 of the Guarantee Law 5727-1967 states that a guarantee requires a document in writing. Israeli courts have generally read that as a rule of evidence rather than a condition of validity, so a guarantee proved by other written material such as signed minutes, a letter or an email exchange can still be enforced. A purely oral promise to answer for someone else’s debt is very difficult to collect, because the alleged guarantor need only deny it. Where the guarantor is an individual, additional written disclosure duties apply and a failure to meet them cuts the exposure.

The Guarantee Law governs every undertaking to answer for another person’s obligation, whether given to a bank, a landlord or a trade supplier. The written document must identify the secured obligation and the guarantor’s undertaking, and the guarantee can never exceed the underlying debt. Amendment No. 2 of 1992 added Chapter B, which carved out two protected categories: the arev yachid, or single guarantor, and the arev mugan, the protected guarantor. For those, the creditor must hand the guarantor written disclosure of the loan terms, the interest rate and any other security before the guarantee is signed. A creditor who omits that disclosure loses the right to recover to the extent of the omission, and against a protected guarantor cannot begin collection at all until it has obtained judgment against the borrower and pursued enforcement against them.

For a foreign creditor the practical lesson is that written evidence matters more than any particular form. If you are extending credit, put the guarantee in a signed document naming the debtor, the principal amount, the currency and the events that trigger the call. If you are the alleged guarantor, ask the creditor to produce the document before conceding anything, because the Execution Office will not open a file against you on a bare assertion. Israeli courts also examine whether a family member who signed at a bank counter received the statutory disclosure, and diaspora relatives who signed for a child’s mortgage frequently succeed on that ground. The guide to being a personal guarantor in Israel sets out the disclosure obligations in detail.

⚖ In Practice
  • Governing law: Sections 4 and 5, Guarantee Law 5727-1967; Chapter B, Sections 19 to 27, for single and protected guarantors
  • Competent authority: Magistrates Court or District Court according to claim value; enforcement through the Execution Office (Hotzaa LaPoal)
  • Cost of enforcing: Execution Office file-opening fee of approximately 1.25 percent of the debt, with a minimum of roughly NIS 100 (2026)
  • Limitation period: seven years under the Limitation Law 5718-1958, running from the date the creditor may first demand payment from the guarantor
  • Protected guarantor: the Chapter B protections apply only to individuals and only up to the index-linked loan ceiling set in the Addendum to the Guarantee Law

From the full guide: Personal Guarantor in Israel: Obligations, Rights & Risks

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Get a Free Consultation with Adv. Eli ShimonyPrepared under the direction of Adv. Eli Shimony, Eli Shimony Law Office · Editorial policy

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