YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Case: The plaintiff (=pl) lent $200,000 to the defendants (=def) at 12% interest annually so that they could invest it in a commercial project in the US, as spelled out in a loan agreement. For two years, def made interest payments. The project is stalled, and def have financial difficulties. Pl wants to receive the remaining interest and cancel the loan and receive the principal. Def #1 claims that the loan is payable only when they sell the business they invested in but admits that they will then have to pay in full. Def #2 argues that no heter iska was signed (although it had been planned), and it is therefore forbidden to pay interest. He is also willing to swear that the investment produced losses, in which case, the laws of iska dictate that they do not have to pay in full. That which was already paid should count as principal and subtracted from the $200,000. Pl says that there was a heter iska, even though he does not find it, and that this loan was to be paid even if the main enterprise sustained losses.
Ruling: [Last time we saw that the monthly payment was for profits and was not payment of principal and that even without producing a heter iska, we can assume one existed].
P'ninat Mishpat (829)
Various Rabbis
399 - Returning a Loan That Might Have Had Heter Iska – Part I
400 - Returning a Loan That Might Have Had Heter Iska – Part II
Load More
In this case, we assumed there was a heter iska document even though it was not presented. However, we have no reason to assume that the heter iska was done in a manner that strengthens pl’s rights. Even if we assume (see Maharsham II:216) that a heter iska creates a lien on all of the recipients’ property, that does not mean that the profits are linked to them all. This is especially true in a case like this, where the loan agreement links the investment to a specific property.
Many contemporary heterei iska are based on the Chochmat Adam’s model, by whose terms the investment is renewed on a monthly basis, and silence is considered admission of profits. In a case like ours, where there were monthly installment payments of profits, it is more likely to view them as an admission of profit. (Admittedly, it is possible that he paid them as only down payments on the assumption of a future determination of profit).
Based on the uncertainty as to the arrangement between the sides, beit din rules that def should return all of the principal. Regarding interest, def should not pay any more but may not subtract that which was already paid from the full principal due.
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: A Seller with Questionable Rights to the Property – part II
based on ruling 84062 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
fast navigation
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.
