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Answer: We must determine an irrevocable trust’s halachic status. The trust enables your father (the settlor or grantor) to bequeath money to his children in what he views as a financially advantageous manner. He gives funds to (a) trustee(s) (the company), who legally owns the funds, which are explicitly earmarked for certain purposes, specifically to provide assets for the beneficiaries (you and siblings) at the trustee’s discretion. A major halachic question is whether the trust fund obviates the halachot of inheritance. This would be either because money (perhaps even for a revocable trust) has been given to a third party with instructions (beyond our scope) or because, especially for an irrevocable trust, the money no longer belongs to the grantor, so that the halachot of inheritance cannot take effect. The emerging consensus of poskim seems to be that yerusha does not apply to the contents of the trust (see Pitchei Choshen, Yerusha 4:(34)). (If the trust is a farce, and the grantor fully controls the money, the matter is more problematic).
Ribbit exists when Jewish owned money is lent to another Jew with interest. It does not help if a non-Jew carries out the transaction as a guardian, if the financial impact relates to the Jewish owner (Shulchan Aruch, Yoreh Deah 168:24). However, in this case, assuming the trustee really controls the money, the halachic status likely accepts the legal one (based on dina d’malchuta and situmta) – that your father no longer owns the funds. It is even clearer that the beneficiaries, who never owned the money, do not own it yet. They have made no halachic kinyan, and the law does not recognize them as owners. When and how much they will receive depends on various consequences and the trustee’s decision. Their only legal right is the ability to sue the trustee for breach of fiduciary obligations. Thus, the trustee is not merely handling the funds; it is the owner, albeit with conditions attached.
Even if halacha were not to recognize the trustee’s ownership of property ceded to it, due to a lack of valid kinyan or because it is sometimes a farce, you probably still do not have a problem. After all, the trustee sets up a bank account which the grantor and beneficiaries cannot touch. Even if they were to sue the trustee in beit din and win, the trustee would owe money, but the value (theoretical not coins or property) in the account is likely the trustee’s. Therefore, the actual money you received as a loan, was the trustee’s.
What is the ribbit status of the trustee company? The great majority of poskim (see Torat Ribbit 17:52), say that the laws of ribbit apply to a lender who is a corporation. However, most poskim (see Brit Yehuda 30:16; Torat Ribbit 17:64) rule there are no ribbit problems if Jews own a minority share, irrespective of the workers who handle a given fund (see Shulchan Aruch ibid.). Therefore, if the company is mainly of non-Jewish ownership, you have no problems. If you are concerned with possibility of Jewish ownership, you can do a heter iska with them. This is slightly more complicated than usual because you need to convert an existing loan into an iska investment (see Brit Yehuda 40:23), and we are willing to guide you through the process. (Even if you avoid heterei iska when they obviate the spirit of the law, this case is unobjectionable.)
Bemare Habazak - Rabbis Questions (654)
Rabbi Daniel Mann
271 - Husband Accepting Shabbat with his Wife
272 - Ribbit in a Loan from an Irrevocable Trust Fund
273 - Dividing Megillat Esther Among Readers
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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.
