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Beit Midrash
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- Chemdat Yamim
- P'ninat Mishpat
Ruling: [We have seen which parts of the interest were permitted to be paid based on the heter iska and which not.]
P'ninat Mishpat (835)
Beit Din Eretz Hemda - Gazit
661 - Limits of Interest Rate for Loan with Heter Iska – part II
662 - Limits of Interest Rate for Loan with Heter Iska – part III
663 - Demand of Top-Quality Merchandise from Supplier
Load More
All agree that if the "lender" knows that there have been no profits, he is not permitted to take the d’mei hitpashrut (Igrot Moshe, YD II:62; Brit Yehuda 38:4). This can happen only when the loan was for a specific purpose, whose outcome can be checked. In this case, since there was a stipulation that the money would be used only for the Tama 38 project, and the project did not come to fruition, it should not be permitted to receive interest payment.
The Shulchan Aruch and Rama (YD 177:5) rule that a borrower can change the usage of the money even if there had been a stipulation, because the intent is to earn more money, not to steal (Taz ad loc. 10). Since in the heter iska used here, all of the borrower’s property and business ventures are used as liens for the loan, it is difficult to ascertain what the money should be attributed to, and therefore the d’mei hitpashrut should be paid. This applies even in cases like this in which def declared bankruptcy (Brit Yehuda 40:(22)).
Beit Din Eretz Hemda - Gazit
P'ninat Mishpat A Commercial Rental for a Closed Business – part II
based on ruling 80047 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Repercussions of a Sale That Turned Out Not Happening – part II
(based on ruling 83045 of the Eretz Hemdah-Gazit Rabbinical Courts)
Igrot Hare’aya Semi-solicited Advice to Calm Down Petach Tikva
#227 Date and Place: 8 Tishrei 5669, Yafo
P'ninat Mishpat Repercussions of a Sale that Turned Out Not Happening – part III
(based on ruling 83045 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'ninat Mishpat: How Many Dayanim?
based on ruling 84139-1 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part IV
based on final ruling of 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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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
