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Case: Reuven gave money to Shimon to use for business, with the plan to share profits according to the terms of a normal heter iska. Based on the heter iska, some of the money was given as an interest-free loan and some was given for Shimon to deal with on behalf of Reuven, so that Shimon would give set envisioned profits to Reuven unless he could demonstrate that there were less profits than expected. Levi signed as an arev (guarantor), so that if Shimon did not pay according to the agreement, Levi would pay Reuven in Shimon’s place. The question arose whether Levi was responsible only for the principal of the loan/investment, or for the profits as well.
Ruling: The Shach (Choshen Mishpat 129:12) rules that the arvut in relation to the obligation from profits is like one who becomes an arev at a time other than the time the money is lent, which is binding only if a special kinyan is made. The K’tzot Hachoshen (129:2) argues, saying that since the money of the profits was accrued on behalf of the investor, it is considered his money, so that the arev is like one who becomes an arev at the time it is considered principal.
The sharp-thinking dayan, R. Chayim Yosef Ellinberg, raised the following issue. Since it is unknown whether Shimon will earn money from the investment, how can Levi obligate himself to something unknown, as such a commitment is equivalent to accepting arev status not at the time of the loan? However, this idea is incorrect because, if and when there is profit, at the time that the profit enters Shimon’s possession and Levi has not rescinded his willingness to be an arev, it is considered becoming an arev at the time of loan.
I have discussed in my sefer Yad Shaul the statement of the Rashba, which can be understood as referring to the arev obligating himself on future profits. I wrote that the Rashba should be understood regarding past profits, whereas once the profits are realized, it is considered binding. It is surprising that the Shach did not cite this opinion of the Rashba.
The aforementioned K’tzot Hachoshen says that the arev becomes obligated when the profit is known. Rav Ellinberg deduced from this that in a case where the arev does not know if there was profit, he should be like a potentially obligated person who claims that he does not know if he ever became obligated. Such a person is indeed exempt even if the plaintiff presents a definite claim. However, it is a mistake to view the claims from the perspective of the arev (Levi) but from the perspective of the recipient (Shimon), as Levi is obligated to pay whenever it is that Shimon is deemed obligated to pay. We cannot say that Shimon himself is able to say that he is unsure whether there was gain because according to the terms of the heter iska, he has to swear that indeed there was no profit.
P'ninat Mishpat (825)
Various Rabbis
339 - Sanctions Against Overchargers Against the Rabbi’s Will
340 - A Guarantor on a Loan/Investment
341 - Putting Pressure on Male Inheritors
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P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part II
based on ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Return of Down Payment Due to War – part III
based on ruling 84044 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
Rabbis in Midrash
Lessons
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Kuzari -Rabbi Ari Shvat Kuzari class 5- "Proofs of G-d"
This may be the most important class of the entire book, where we finally get to the Jewish proof of the existence of G-d and truth of the Torah. We should follow His own direction where He tells us how to get to Him: through the Nation of Israel: Jewish history, Jewish prophets (and today, prophecies fulfilled), and national reward & punishment towards Am Yisrael.
Ein Aya One Humanity, One Creator, One Jerusalem
Rav Kook innovatively and beautifully explains this aggadeta where our sages say that after Jerusalem was destroyed her cinnamon fragrance is only found locked in a particular kingdom's treasury.
Shlach Lecha "Why So Many Don't Make Aliya?" - Parshat Shlach
This short article deals with the weird phenomena that every single time Am Yisrael is meant to enter the Land of Israel, throughout the Tanach, 2nd Temple and until today, they "chicken out" and look for excuses. What's the problem with this mitzvah that proves so challenging. The article, based on sources, suggests that the difficulties of Eretz Yisrael is precisely her secret and beauty!
Kuzari -Rabbi Ari Shvat Kuzari class 4
The class deals with Islam and how the Muslim tries convincing the King of the Khazars, and why he was also rejected.
Beha'alotcha JEWISH STATE= GUIDE TO G-DLINESS & SELFLESSNESS
A Jewish State not only is a good idea, but educates us towards selflessness, altruism and G-dliness in our daily lives.
Ein Aya In Zion Even the Smoke of the Bark is Sweet
Just as Jewish nationalism is different from others, so too our capitol of Jerusalem is totally different than other national capitols. Rav Kook beautifully explains the passage in the Talmud that the trees of Yerushalayim were cinnamon trees.
Kuzari -Rabbi Ari Shvat Kuzari class 3
The second speaker invited to convince the Khazar King is the Christian, who presents their beliefs. Even before the questions of the King, "between the lines", the author R. Yehuda HaLevi already begins disproving them.
Ein Aya "Intimacy: Love, Life & Giving or Egocentric Taking & Expiration"
Today, many confuse between intimacy in marriage, based on love, giving and life which are diametrically opposed to empty "sex", pornography and prostitution which destroyed the Beit HaMikdash. The practical importance of clarifying this topic in today's western society is obvious, especially for young adults.