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- 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 (832)
Beit Din Eretz Hemda - Gazit
683 - Limits of Interest Rate for Loan with Heter Iska – part II
684 - Limits of Interest Rate for Loan with Heter Iska – part III
685 - Demand of Top-Quality Merchandise from Supplier
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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
Igrot Hare’aya Departure of an Uncle to Eretz Yisrael
Igrot Hare’aya – Letters of Rav Kook: Vol. I, #1 , p. 1-2 – part II
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)
Igrot Hare’aya Raffle of Property in Eretz Yisrael for Tzedaka
Igrot Hare’aya – Letters of Rav Kook: – #220
P'ninat Mishpat Limits of Interest Rate for Loan with Heter Iska – part I
based on ruling 80033 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part I
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part III
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
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)
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part III
based on appeal of ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
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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)
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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)
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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)
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