YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- Bemare Habazak - Rabbis Questions
Answer: We cannot respond to the question’s "Choshen Mishpat" element without hearing both sides. We will focus on the Yoreh Deah question of ribbit on the loan, which depends on the possibilities of what the arrangements between the parties were (we will relate to the major ones).
It sounds like Levi accepted the responsibility to repay a 15,400 shekel loan. If Shimon was but an agent who followed expectations, he returns only the dollar equivalent of what Levi paid. If Shimon accepted responsibility for payment, he was either an arev (guarantor) or there were two separate loans (Reuven-Shimon, enabling Shimon-Levi).
If there were two loans, Shimon must return his $4,500 loan from Reuven. Is this permitted when the value went up? The rule is that it is Rabbinically forbidden to lend an object so that it be replaced by an object of the same type, due to the chance that its value will rise over the course of the loan (i.e., he will return more value than he borrowed). However, since we halachically view currency as a constant (even if its value, as compared to commodities and other currencies, changes), $4,500 can be returned even if its shekel equivalent increased. Admittedly, currencies are considered commodities outside their country, and the leniency that dollars have a special status in Israel no longer applies (see Igrot Moshe, Yoreh Deah III:37). However, when an American in America transfers dollars and wants dollars returned, one cannot say that this is not currency (see ibid.). Thus, under these circumstances, Shimon can return $4,500 to Reuven.
If there is one loan and Shimon is an arev, we should consider the three types of arev. 1) Simple arev – he pays only if the borrower defaults; 2) Arev kablan – the lender can choose to take payment either from the borrower or the arev; 3) Arev shlof dotz – the lender receives payment specifically from the arev.
Bemare Habazak - Rabbis Questions (657)
Rabbi Daniel Mann
217 - Early Reading of Megillat Esther
218 - Returning a Loan Complicated by Currency Changes
219 - Kohen and Others Joining for a Minyan “In” a Cemetery
Load More
If Shimon is an arev shlof dotz, it is likely the loan was in dollars, in which case, Shimon may and should pay $4,500 (see Netivot Shalom, p. 349). He can decide, based on his discussions with Levi, whether to ask for reimbursement from him.
Fine nuances can affect the way to view these matters. It is laudable (not required) for Reuven to waive the possible right to full payment, for halachic safety but especially for higher moral ground. (His dollar loss counts as tzedaka).
Bemare Habazak - Rabbis Questions Ask the Rabbi: Having a Non-Jew Build a Sukka and Assemble Arba’a Minim
Rabbis in Midrash
Lessons
fast navigation
Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
The Month of Elul TESHUVA IS THE ANSWER
The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
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)
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: 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)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
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.
