Yeshiva
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
[We will divide different elements of the ruling over two weeks and skip over other parts of the long ruling.]
P'ninat Mishpat (835)
Various Rabbis
358 - Compensating a Cellphone Owner for Damage Caused During a Repair Attempt
359 - Returning a Loan That Might Have Had Heter Iska – Part I
360 - Returning a Loan That Might Have Had Heter Iska – Part II
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Ruling: Regarding the time of the payment of the interest, def #2 did not claim that it was to be pushed off until the sale of the business. The fact that they started paying the exact amount of interest monthly strengthens the anyway preferred reading of the contract that it is to be made monthly. The money paid is thus not to be seen as payment of principal unless it was forbidden to receive interest. Regarding return of the principal, while the loan agreement states that it is when there is a sale, since they have stopped paying the interest according to schedule,pl can call for a cancelation of the loan.
At first, def #2 agreed that there was a heter iska, and only after the hearing did he submit the claim that there was not. Therefore, we should not consider his claim a definite one but one that raises questions as to whether there was a heter iska. Even if we would view def #2 as making a definite claim, we would not treat this as a forbidden loan with interest and without a heter iska. First, the Rosh (Shut 108:9) says that if one side says that the loan was done in a permitted manner and one said it was done in a forbidden manner, we accept the former claim (of course, he needs a strong claim that the money was promised). The Rama (Yoreh Deah 169:25) rules that the lender is believed that he lent the money in a permitted manner only if the payment was already made or he is in possession of collateral but not to extract payment. However, the Shach (169:79) and the Shulchan Aruch (177:12) say that the lender can even extract money based on the claim that it is permitted. Therefore, on these points, pl’s claims are accepted.
Various Rabbis
Various Rabbis including those of of Yeshivat Bet El, such as Rabbi Chaim Katz, Rabbi Binyamin Bamberger and Rabbi Yitzchak Greenblat and others.
Moreshet Shaul Moreshet Shaul: A Crown and its Scepter – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 294-5
P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part II
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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Various Events FOR WHOM NOT TO VOTE
Rav Zvi Yehuda Kook stressed that Israeli politics is G-dly, so I have no problem answering this common question on a Torani blog. Also, Free-Will is a G-d-given right and obligation, to "destine one's fate" (R. Soloveichik, Kol Dodi Dofek, 67), so I obviously don't tell others how to vote. But once not a few (especially young) have already asked, a couple of personal words from experience and thoughts from chazal & Rav Kook which may be of help to others, mainly for whom NOT to vote.
P'ninat Mishpat Fallout from Failure to Install Elevator – part II
based on ruling 85007 of the Eretz Hemdah-Gazit Rabbinical Courts
