Latest / SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day! / Yoreh De’ah 176:1-6. Interest: Renting or Leasing, When Permitted or Not

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Yoreh De’ah 176:1-6. Interest: Renting or Leasing, When Permitted or Not · SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day!

• 0:01
  OK, we are doing kuf ayen vav today, EIS ascara muteret veza
• 0:06
  asura. What kind of renting?
• 0:08
  Leasing is mutter, All right, in general, the general rule would
• 0:14
  is normally if it's a Mecca or a spirit of an item, it's mutter.
• 0:18
  But if you're lending out cash and you're trying to make money
• 0:23
  off of it, that's what we call ribis.
• 0:25
  That's us. OK, so let's see all of asur la
• 0:30
  Adam la haskira maotav shio Marlo.
• 0:34
  You can't rent out your money, your cash, right?
• 0:36
  That's that's what we call just giving a loan with interest
• 0:41
  can't rent out your money. And that's when you such as when
• 0:43
  you tell him askir lekha Sarah Dinarim dinar Lekhodish.
• 0:49
  How do you mulay one second, such as you tell him, listen,
• 0:53
  I'm giving you 10 or I'm renting to you 10 Dinarim for and the
• 0:59
  payment is going to I'm going to make off of it one dinar every
• 1:03
  month. OK, let's see, I guess like 10%
• 1:08
  whatever that's his at what 20%? Twenty percent if the interest
• 1:15
  is he's charging 10% interest, right per.
• 1:18
  Month. Per month exactly, Not annually,
• 1:21
  exactly. So.
• 1:23
  OK, Vahani Miley. So you're allowed to do one
• 1:26
  second. Normally.
• 1:27
  That's us. That's vicious.
• 1:29
  Socher Lohotseam. That's when you rent out the
• 1:32
  money. In other words, you give a norm
• 1:35
  to spend it, a normal loan. You give him the cash, he's
• 1:39
  going to use the cash however he wants to for his business or to
• 1:42
  to survive to pay his his expenses.
• 1:45
  And now he's going to pay you back with interest.
• 1:47
  That's the normal case of interest.
• 1:49
  You give him the money, he does what he wants, and then he has
• 1:52
  to find new money to pay you back with of all, IM sokram
• 1:57
  kadeli Hitler medbehem Olira OTT Mahzirim lobain mutter.
• 2:03
  But if you're not giving him a loan to use the money in the
• 2:08
  normal sense that we just explained, but you're giving him
• 2:12
  specific coins per SE, specific dollar bills.
• 2:16
  He's and he's going to hold on to it and give it the same coins
• 2:22
  and the same dollar bills back to you or the bills, whatever
• 2:24
  scalene, whatever it is, whatever the currency is, and
• 2:27
  he's giving you back the same items.
• 2:29
  That's like renting out a car, renting out any Heifetz and
• 2:34
  renting something out is permitted.
• 2:39
  So Lehitle Ahmed is, let's say you want to show somebody what
• 2:43
  the money looks like. I'm not sure the best examples,
• 2:46
  but you're either you want to show them that you there are
• 2:49
  others. You want to show them the half
• 2:50
  cash because some people they'll do business with you or lend you
• 2:54
  money. If you show them that you have
• 2:57
  capital, you have the money if you need to pay them back.
• 3:00
  So that's that's how it's beneficial.
• 3:02
  But you're not. You want to use your money, this
• 3:05
  person's money to borrow more money from someone else, for
• 3:08
  example, but or elite lament. I don't know.
• 3:11
  I want to show someone how to use the money.
• 3:13
  I'm not sure exactly. Show them what the coins look
• 3:15
  like. It's the best coins itself.
• 3:19
  Yeah. You're showing them the
• 3:20
  currency. What?
• 3:21
  You know, what the yen looks like, what the euro looks like,
• 3:24
  whatever to someone who doesn't know.
• 3:27
  OK, Right. And there's a famous principle.
• 3:33
  What? And then every month you're
• 3:36
  paying interest on being able to use that money.
• 3:40
  So that's the mutter because if you're returning the same coins,
• 3:46
  that's called sciros. We're going to still see a bit
• 3:49
  more in the Ramanis and the shock just points out just it's
• 3:52
  a famous phrase from Kedushi Malva.
• 3:56
  When you give out money, it's la hotsanita.
• 3:58
  Normally when you give a loan, it's for that person to use the
• 4:02
  money and you're going to return different coins in return.
• 4:06
  That's when Alvao Baribas is usser here.
• 4:11
  But rental is mother, OK? That's the principle haggah
• 4:14
  vedafa kashila Kiba lavra GNE veda.
• 4:18
  And when do we say it's OK to use this money and to make money
• 4:21
  out of it? That's if you're renting the
• 4:23
  money like every rental and the person who's renting it takes a
• 4:28
  hayas for GNE veda Ava in Kiba allahuko ahayut Asif if on this
• 4:36
  cash you're taking 100% ahayut, then it's Asif It's like taking
• 4:42
  a regular loan in Cuba. Allah A masquer call akroyut
• 4:48
  Bain de ganay la veda Bain akroyut the unseen issue
• 4:53
  material a few muscular. Let's see him.
• 4:56
  Rama is a big cooler here. He writes if the malva is taking
• 5:01
  extra responsibility, it's not the same as a normal loan.
• 5:05
  Normal loan that we're always, we always, always know about is
• 5:09
  you give the guy money and the guy has to give you back money
• 5:14
  at the end of the at the end of the term or whenever the the end
• 5:17
  of the loan. And it's, it's his headache to
• 5:19
  make sure he finds money in return.
• 5:22
  And if you have a case or the Amalva takes full responsibility
• 5:27
  if something happens to it. So then that's more than that's
• 5:31
  not like a normal loan. That's more like rental and
• 5:35
  therefore it's mother, according to this is Schmanterian.
• 5:40
  The shock doesn't love this Kula even.
• 5:46
  Well, it's it's not ribiskatsu, according to the Roma is
• 5:50
  ribiskatsuza means the Lova has full responsibility on the cash
• 5:55
  and he has to find a way to give you cash back.
• 5:59
  And there's no risk for the Malva except for the Lova
• 6:02
  defaulting. But there's no real risk.
• 6:04
  No matter what happens in the world, the Lova, the Malva, no,
• 6:07
  he's getting his money back. As long as the Lova stays alive
• 6:10
  and keeps to his word, That's that's that's OK, Lumio.
• 6:16
  I am Loki Bella lavrak Geneva vaa veda Velo onsing.
• 6:21
  But if the Malvet doesn't take all responsibility, only partial
• 6:25
  onsing velogeneva veda, he picks his own impartial, whatever
• 6:29
  partial it is, then it's asur lohotz le sohran Lohotzian.
• 6:33
  That's the Nessa I have here, at least I think according to the
• 6:36
  Shah, it's it's usser Lisochran To rent out the money really
• 6:42
  means lending out the money lohotseon in order for him to
• 6:45
  spend the money. In other words, a normal loan.
• 6:48
  A normal loan is usser unless the malva takes the akhayas.
• 6:54
  A normal case of loan. That's what's usser.
• 6:57
  Berrivis Miu lohave al avak rebeat Ava.
• 7:04
  It's only in a level of avak ribit avaim Loki Bella masquer
• 7:08
  khayat khalal have a ribit khatsuza.
• 7:10
  If there's partial responsibility shared from the
• 7:14
  Malva to the Lova, that's us or Darabanan.
• 7:17
  But if it's ribit khatsuza, which means all the Arkhayat
• 7:20
  goes on the Lova, a normal loan, then that's ribitz khatsuza.
• 7:25
  OK, think we'll go to bed, Kaylin.
• 7:29
  Now you want to rent out your dishes, your car, whatever it
• 7:32
  is. Mozilla has Skira.
• 7:34
  You're allowed to rent them out. That's there's no problem with
• 7:37
  that. You're allowed to make money off
• 7:39
  of the problem is making money off of cash with no risk.
• 7:44
  That's the problem. Alright, that's that's the.
• 7:49
  I don't think we discussed that much Heteriska.
• 7:51
  Part of the reason why heteriska there is such a thing is because
• 7:57
  you're sharing responsibility. But we're not going to get into
• 8:00
  that right now. Right now we're talking about
• 8:02
  with Kayleem. It's mutter even right?
• 8:06
  You ought to make money out of it.
• 8:07
  Last year I'm a few of not in law Rashut la mochran
• 8:10
  velasobrahim Koch hefzoorak Shilvasov Yaxirlo kuyakur
• 8:14
  cousin. So it's even mutter a little bit
• 8:18
  of a Hiddish. It's even mutter when it's a
• 8:23
  regular rental. You're not giving it to him,
• 8:25
  you're not selling it, you're not telling him go use up the
• 8:29
  car, go use up the items, give it away, do what you need to do
• 8:32
  and pay me back later. That's issues of sale.
• 8:36
  Besa here. It's a normal rental, but and
• 8:40
  you're expecting to get your item back, but in it there's a
• 8:44
  built in tonight. He has Rashus to, in other
• 8:49
  words, the Icarus, the skirit, but he does have rashus and he
• 8:54
  has to return the item that you that you gave back to him.
• 8:58
  But there is it's an eye in there.
• 9:00
  If he wants to, he is able to sell it and then return to him
• 9:05
  something of equal value. And that's that's the matter
• 9:10
  because the intention is not the problem of southeast ABS SE aaz.
• 9:17
  The intention is you're giving him a sack of potatoes to eat to
• 9:21
  use up and then he has to find new potatoes to give back to
• 9:24
  you. Here the icar is a normal skiros
• 9:28
  but there's a clause he's allowed to sell it and give you
• 9:32
  back the the value of the item and on on that it's mutter.
• 9:39
  OK then the icar is skiros and skiros is mutter to make money
• 9:43
  off of it. Gemo Macomb shenagu liskor has
• 9:48
  fina villitos Kara. No, a normal rental you're
• 9:53
  renting out a ship or you're going to rent out whatever the
• 9:56
  item is. We'll see.
• 9:57
  And you're allowed to take money for the for the rental use the
• 10:00
  IM Nishbura Shamilo. But if it if it breaks along the
• 10:04
  way, Shamiloma shipakta uma Shalim yeter al Sahara ariza
• 10:10
  mutter. Now also, it could be in the
• 10:14
  agreement that or it's normal that if the item goes down in
• 10:19
  value by the usage and normally it's normal usage when it's a
• 10:26
  rental, you're not hired to pay for a normal cirrus.
• 10:30
  Again, depends on the situation. But here you're allowed to put
• 10:36
  in a tonight that he's going to pay extra for the value that it
• 10:39
  decreases in addition to the rental.
• 10:42
  And that's what like Hanumoto Lahasky or Sirchal nahosher to
• 10:46
  Coyote Bo venoto Hashara with the main mash Apache MI mish
• 10:50
  kalo, then Coyote bazer. So it's you're taking on extra
• 11:10
  responsibility and it looks a little bit like ribis much.
• 11:15
  It's hard for me to explain this perfectly, but the problem is
• 11:21
  he's Makhayev on. I'll read it from the shock.
• 11:24
  You're Makhayev on extra onsen, more than normal for Skiras.
• 11:29
  And so this money, it's a little bit like a Halva Vaskar,
• 11:34
  Shanatano, Miksi Kiribis, and it looks like Kiribis.
• 11:46
  You're paying extra. Yeah, I can't perfectly explain
• 11:53
  it, but it's it is butter because it's part of their
• 11:58
  normal rental agreement and it's there aren't goals around it,
• 12:02
  even though there there is an aspect over here is you're
• 12:05
  paying extra than the normal rental and that extra might look
• 12:10
  like ribbus. I'm not exactly sure how, but it
• 12:12
  could. Correct.
• 12:21
  It's because, right, because it's beyond what's a normal
• 12:24
  typical rental agreement. And so for that actually that
• 12:28
  goes down. OK, Haggah the yeh omri dafka
• 12:33
  kailim only kailu kailu like these that they go down and that
• 12:40
  they can go down in value and fuel.
• 12:42
  Masha nisha and nevkhat kasat UB adzed no tell Haskar even though
• 12:49
  in nishbar musharin kamaya shaveh mishat shivira.
• 12:55
  This is when you're going to figure out you don't go back to
• 12:58
  how much it went down in value from when you rented it from the
• 13:02
  beginning because that's normal usage.
• 13:04
  You go, you figure out how much it went down in value when it
• 13:08
  when it broke or got damaged at the time of it breaking.
• 13:15
  OK, so it looks Even so it's even less like ribis.
• 13:21
  OK, let's let's go on. Sorry if it's not 100% clear.
• 13:26
  Dalid mutter liskor para ula shuma badamim pikunchiomare para
• 13:31
  kasiya alai vishwashim dinar IM tammut that calls manchhi etsli
• 13:37
  alayhah sela the kodesh misfirut.
• 13:40
  You let her rent out a cow and you say if it dies, so then you
• 13:45
  have to pay me the value of 30 dinar if it dies.
• 13:51
  That's part of the agreement. But as long as you're keeping it
• 13:55
  then and and you're using it, you have to pay me the, the
• 14:00
  amount of a seller, whatever the amount that you agree upon for
• 14:03
  Kodesh rental, you ought to charge a rental fee per month.
• 14:08
  Even if it turns out you have to pay him for the, for the for the
• 14:16
  for the cow there. It's it's almost like a little
• 14:19
  bit he again, it's a little bit it looks like repeat because
• 14:23
  you're taking extra responsibility here I.
• 14:29
  Think the situation and if the. Cow actually does get damaged.
• 14:32
  You still pay that. You still have to pay the
• 14:33
  rental. But you're also giving back the
• 14:35
  value of the cow, so it looks like really a rent loan.
• 14:41
  It's the cow. It almost looks like you're
• 14:46
  lending the cow and you're paying back money, right?
• 14:59
  But you're right. But you, you borrowed, you
• 15:02
  didn't borrow cash. You borrowed the cow and you
• 15:07
  made it. It says, right?
• 15:08
  It's a little bit like you turned it into cash because of
• 15:10
  the ahrias, the responsibility, the Asia Mim Tammut, Misharin,
• 15:15
  Kamaita, Shavebishad, Amita. And some say in order that it
• 15:19
  looks less like ribis, you have to go by how much it goes down
• 15:22
  in value or you, you count how much it was worth when it dies,
• 15:27
  not from the original day from when you lent it out.
• 15:31
  OK. Yes, Yeah, OK Mohabbar says you
• 15:42
  could go from the first day, so it'll be worth a little bit
• 15:44
  more. OK.
• 15:47
  Hey, Hamas, your sedela Caveiro, the Asara Kurim Hashanah.
• 15:52
  You rent out a field for 10 kurim per year.
• 15:55
  The Amarillo. Hey, listen.
• 15:57
  Tain Li Mataim Zeus Scheffern Esprahem Hassadeh name Asar Kur
• 16:04
  Bako Shana. So he's taking the field like
• 16:09
  always, and then he's taking cash of another Mettayim zoos on
• 16:13
  top of it. And because of the Mettayim
• 16:15
  zoos, he's not just paying him 10 core for the year, he's
• 16:19
  paying him 12 core. So in essence, you're giving him
• 16:23
  200 zoos for the year, and because of that, you're getting
• 16:28
  paid back 2 core for the year. So that's for sure, as normally
• 16:34
  we would call Ribis if you were just to give 200 cash and make 2
• 16:37
  core. But over here, you're renting a
• 16:40
  field and the 200 core is not for him to spend on whatever he
• 16:45
  wants. It's in order for him to
• 16:47
  reinvest into the land, into your land, into the land itself,
• 16:53
  to renovate or whatever to improve the field.
• 16:57
  So therefore it's mutter because he's putting it into the field.
• 17:01
  And it's as if you gave him a a piece of land that's not just
• 17:07
  worth what it was before. It's a piece of land.
• 17:10
  It's as if you yourself put in and in increase the value of
• 17:15
  your field by 200 zoos and that's why you're charging more
• 17:20
  rent for it. Hareza matar that's matar
• 17:23
  euphanet shahim eufarnessa sedebi dinarim ELO.
• 17:26
  If you, if you were to do it yourself beforehand, use Kara,
• 17:33
  you'd be able to rent out the field for more because it's
• 17:36
  worth more. So we consider it as if it was
• 17:39
  all done from the very beginning and now the field is worth more
• 17:43
  and it should be rented for 12 versus 10 core.
• 17:47
  OK, The heim. Similarly, imisquilo hanut or
• 17:51
  spina anything, a ship, a store, a car.
• 17:54
  But asara dinarim bashanah the amrale.
• 17:57
  And he tells him, listen, tell me about time Zeus shev
• 18:00
  Nebrahim. It's hireno vique hireno.
• 18:03
  Or it's a Ken Bahim spina Zoe. He's going to put the money into
• 18:07
  your your your item, your belonging.
• 18:11
  Ukhli Tashmisha right, I'm going to pay you more because Shana an
• 18:18
  additional 2 instead of 10. I'm going to pay you 12 dinar
• 18:22
  every year. Hareze Mutter It's mutter.
• 18:25
  It's all Derek's hirut and that's and then so that's that's
• 18:29
  the OK Vahoyal Vahu mosi Hamad the goof Hasina.
• 18:35
  Oh, I know it's since you put it into the item itself.
• 18:37
  It's mutter of all IMEM Almarale.
• 18:40
  If he tells him, tell him it time Zeus Cadilite asek behem
• 18:44
  Mahanut, although it's Siam is kora shaswina alis kora behem
• 18:48
  Malachin and you see if a hobby Theresa Asif.
• 18:52
  But if at the same time you bar, you're going to take the, you're
• 18:55
  going to rent the field and you see, at the same time, give me a
• 18:58
  loan at the same time on the side, on the side for whatever
• 19:03
  200 zoos. And I'm not using that to
• 19:06
  reinvest and increase the value of your property or your item.
• 19:11
  I'm using that now for business. Now with the business that I'm
• 19:15
  using the 200 for. I'm, I'm going to use your car.
• 19:20
  I'm going to use your spina or your, your house, your, your
• 19:22
  store. I'm not going to increase the
• 19:25
  value in the store. I'm going to use it to buy
• 19:27
  merchandise to put into the store.
• 19:29
  I'm going to use it to hire sailors on your sphena.
• 19:33
  So areza ASA, that's mamish alone at the same time as a
• 19:37
  rental. That's not mutter.
• 19:39
  You can't do a loan and a rental at the same time.
• 19:41
  And then now ribis becomes mutter.
• 19:43
  That's not going to be OK, OK, Because the value of your sphena
• 19:48
  stays the same, so there's nothing to increase for more.
• 19:51
  OK, Bob mutter la harbot bischar hakaraka And normally when do
• 19:59
  people get back their skirut? When you rent a land, it's at
• 20:03
  the end of the month. He writes the Fisher or or or
• 20:07
  items. The Fisher skirut Eno mishta
• 20:09
  lemat Elizabeth sof Normally when you rent something, you pay
• 20:14
  it. You get paid at the end.
• 20:15
  So let's read again. That was just a line from the
• 20:18
  Shah. Much al harbab biskhar hakaraka.
• 20:22
  You're allowed to. Increase the regular star of a
• 20:27
  Karaka Kate said how he's Kelo ETA Khatzer, the Amarle Kodem
• 20:32
  Shahid Sikpo. You tell him before he takes
• 20:36
  ownership of the khatzer, before you make a Kenya and you rent it
• 20:39
  out to him. You say e-mail Ashav Atano
• 20:42
  Tainli Harehi Lehabe Asara sain Bacaushina Mt Tainley Scar
• 20:48
  Kodesh the Kodesh Harahi Bissella the Kodesh Hare
• 20:54
  zamotta. So you go, you go to the renter
• 20:57
  beforehand. Now if it depends, let's say
• 21:00
  normally you get paid at the end of the month.
• 21:04
  So it may be different nowadays, but if you normally you get paid
• 21:08
  at the end of the month, so the rental is 1 seller A kodesh.
• 21:14
  So at the end of the year you'd be collecting 12.
• 21:17
  You go to the guy and you say wait a SEC, pay me now 10
• 21:22
  instead of 12. That's the matter because really
• 21:27
  the Hove would should be 12 and now you're you're allowed to pay
• 21:33
  a discount to get paid a prepaid.
• 21:38
  You're not allowed Normally when it comes to selling an object.
• 21:43
  If you have two prices, 1 before for less and one for more later,
• 21:47
  we say the real price is right now.
• 21:51
  You, you buy an object, you get paid right now.
• 21:53
  So the fact that you have to wait, that's Agar natar.
• 21:56
  You have to wait for it. So that's why you're getting
• 21:58
  paid 2 more slime or whatever the case is, you're getting paid
• 22:02
  more later. But here when it's a rental
• 22:05
  agreement, it's normally you get paid at the end.
• 22:08
  So here you're prepaying in advance, you're you're
• 22:11
  discounting the regular pay, you're not increasing the pay
• 22:15
  for waiting, you're getting paid right.
• 22:18
  Anytime you have a Cove, you're allowed to prepaid a Cove before
• 22:20
  time runs out in order to get paid in advance.
• 22:21
  I think it's also that it's setting up an annual
• 22:23
  subscription rather than a monthly subscription.
• 22:26
  Very. Common and.
• 22:33
  The annual subscription is always cheaper.
• 22:36
  Than a month. So that's a big question is an
• 22:38
  annual subscription mutter. I think the normal the general
• 22:42
  Minaj gets to be Mako and the question for a cheaper price.
• 22:46
  And so the question is, is how so part of it is because it's
• 22:53
  here. So it's similar to this and and.
• 23:06
  If you get paid annually, this is your pay.
• 23:10
  Here so that there's a couple I'm going to review that for
• 23:15
  maybe I'll go over that next time for an annual subscription.
• 23:18
  Why that should be a matter one of the reasons is is we're about
• 23:21
  that's I don't we're going to not going to have time to get
• 23:24
  there. But it's in fact is when you're
• 23:27
  paying for something that you're already getting benefits from
• 23:33
  now. In other words, they have
• 23:36
  expenses you're paying them now to actually start the work for
• 23:41
  your membership right now. I'm not sure if it would be the
• 23:46
  same by a Kharka and for a person normally you get paid at
• 23:51
  the end. So the question is, is it the
• 23:55
  same as subscription? Maybe, maybe not.
• 23:58
  So in this file is he getting? Paid in advance for all years
• 24:01
  off. For the first year.
• 24:03
  For the first year, well, it's year.
• 24:05
  It's it's a year by year, Yeah, yeah, it's a year by year, yeah.
• 24:07
  But it's. It's for all the years.
• 24:12
  Upfront that's that's I got maybe let's see if we can read
• 24:14
  that quick about IM khwariksi kubo lis korboa saras lahima
• 24:19
  shena ASA lomar Lai titin kokodish seller echad.
• 24:25
  If you already agree to 10 upfront or whatever the price is
• 24:28
  after a year you have to pay 10 and then you tell him wait pay
• 24:33
  me later and and it'll be for 12:00 then that's going to be
• 24:37
  ASER because you already agreed to pay X amount at a certain
• 24:40
  date and now you're extending it for the time.
• 24:43
  So that would be ASER. Once you agree on a price, then
• 24:52
  you try and delay it for a higher price.
• 24:56
  So then that's always going to be of aser Moto lahaba benidunya
• 24:59
  catanim quico enchina de nedunya libito, the hetunya catanocha
• 25:03
  kolchana shania ko nedunya ETSO ETSO eiten lekak the car scar
• 25:09
  matter. If you agree to storm price
• 25:11
  every month and you have to pay it that month that amount, then
• 25:15
  that's fine. Chains Ella camosiflunya, you
• 25:19
  know, just add if you add afterwards, that's OK, but you
• 25:23
  just Vedavka Keshihitnukain Kodeman is suing of Aloha
• 25:28
  Kharkov Agarnata. So it depends.
• 25:31
  Similarly, just it depends if you have an agreement to pay
• 25:35
  somebody when you get married or the father-in-law, whatever it
• 25:39
  is a certain amount every month, you can't increase it
• 25:43
  afterwards. And because there's a delay in
• 25:47
  payment that that's just the principle.
• 25:50
  OK, we'll stop and discuss more.