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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incorrect because, if and when there is profit, at the time that the profit enters Shimon’s possession and Levi has not rescinded his willingness to be an arev, it is considered becoming an arev at the time of loan.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 (831)
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: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part II
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part I
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part III
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
Chemdat Yamim Moreshet Shaul: Twin Foundations
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Rabbis in Midrash
Lessons
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P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: Twin Foundations
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
D'varim Judaism’s Social Vision
Re’eh
Giving is more than an act of generosity—it is an essential part of human dignity that belongs to everyone, rich and poor alike. The ultimate goal of help is to empower others to stand on their own.
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.
