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Ruling:The halacha that ribbit that was paid returns to the debtor applies only in regard to a loan for which interest was set from the time of the loan (Shulchan Aruch, Yoreh Deah 161). While pl says this was the case, his claim is very surprising. Pl himself provided a letter of reference from a leading rabbi, who attests that pl is very careful not to compromise halacha and ethics in business and that he asks all sorts of business-related halachic questions to rabbis. How, then, can pl say that he violated a clear Torah law of agreeing to outright usury without bothering to use a heter iska? It is more likely that the deal, like most similar deals that pl was involved in, was an investment, not a loan.
The Shulchan Aruch and Rama (YD 168:25) say that if there is a disagreement between a borrower and lender over whether the borrower gave ribbit that needs to be returned or whether he did not give any or gave it in a manner that is permitted, the lender is believed without the need for an oath. There is a machloket if the exemption from an oath is only when the lender says he did it in a permitted way or even when he totally denies receiving interest (see Beit Yosef, ad loc.). In this case, though, there is no question that def received more money than he gave. The question is just whether it was done in a permitted manner, and there should be no need for an oath. In our case, def’s position is supported by the fact that pl usually deals in investments rather than loans and that their previous deal was of that nature.
There is also another possibility that supports def. Their deal was done in a very unorganized manner, with a lot of trust (until their relationship soured). Thus, even if the money was given as a loan, there is no certainty that a specific promise of actual profit was made.
For all of the above reasons, def does not have to return any of the money pl gave him in what appears to be an investment deal.
P'ninat Mishpat (829)
Various Rabbis
269 - Rent on Interim Period
270 - A Question of Interest
271 - Full Rent for a Not Up-to-Par Apartment
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P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part IV
based on final ruling of 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Tuition Payment after Withdrawing Student
based on ruling 85142 of the Eretz Hemdah-Gazit Rabbinical Courts
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
Rabbis in Midrash
Lessons
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Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
