Latest / SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day! / Yoreh De’ah 177:17-23. Interest: Late Fees and Penalties; Business Dealings, Investor and Managing Partner
Transcript
- 0:02OK, I'm focused. OK, So kuf EIN zein helpless
- 0:05ribas. We are continuing with the topic
- 0:08of late fees and penalties. OK.
- 0:11So it's important that you listen to the previous year to
- 0:16understand the next couple and appreciate the next couple.
- 0:18See. All right, you'd sign Amal VE
- 0:22alamashkam VE Amar. So again, this is the case of he
- 0:27lends out cash, let's say $100 and he says if, but I'm giving
- 0:35you a Moscone this time. We didn't have this.
- 0:37We didn't have the Moscone scenario.
- 0:39We learnt that you can't charge $10 extra when the month passes
- 0:44because you passed the time that you were supposed to be paid
- 0:48$100. Let's say, right?
- 0:51Our example was you made it for 30 days, whatever it is, and you
- 0:55relate. So you can't charge a late fee
- 0:57of $10.00. But we did learn you are allowed
- 1:01to turn it the Mafreya into a Mecca of so that that is a
- 1:08loophole, a legal 100% way to make a late fee, right.
- 1:12The whole problem is Haramas Ribis and that just undoes the
- 1:16Haramas ribis. So here it's a little bit a bit
- 1:20more of a homra. If you when you lends the
- 1:24$100.00 with a person who borrowed the $100, gave a
- 1:28moshkon an item worth let's say $110 more than the 100 at the
- 1:34Amar, and he says I don't pay by such and such a date that we
- 1:43agreed on, then you can keep it as long as this in collateral.
- 1:55The scapez is worth more than the loan, more than $100 in our
- 1:58case. So then yeesh, me Shaoser
- 2:02mushroom haramas Rebus. So in the Besioso, if you quote
- 2:05Sarishon, who writes, I forget the name, but he writes it's
- 2:09aser because of Haramas Rebus and that's the halafa.
- 2:13The difference is because if you give a mashgun at the same time
- 2:17as giving the cash, it resembles more as you see that immediate
- 2:22exchange. You give $100 and then you get
- 2:25something in return that's worth more than $100.00.
- 2:28So again, it's not 100% mukhra. The whole concept is not real
- 2:33ribis. But that is the opinion of that
- 2:36Rishon that gets quoted and that becomes the Halafa, the accepted
- 2:40Halafa Mahalaposkin that if you have, if you're doing that, you
- 2:44can't make the penalty of a late fee a Hefitz.
- 2:49If it's the mash cone itself, that's the one exceptions.
- 2:53You have to use a different item that's in exchange.
- 2:57That happens much later on and it's more removed and it it's
- 3:01less similar to Ribbus. So that's OK, you're cut.
- 3:09It just means that's the penalties more than the 100
- 3:12million. But but the mash in itself is
- 3:14going to get that with the rest of the machine is going to take
- 3:17that. No, no, no, he's leaving.
- 3:19He's if he doesn't pay for 30 days case is you don't pay for
- 3:2230 days. The item is worth more than
- 3:24$100. You keep the whole item and you
- 3:26don't have to pay back the loan anymore.
- 3:27That's what the mush that's a general mush gun.
- 3:30In general. A mush gun is collateral that if
- 3:32I don't pay on time, you you keep it or you sell it and you
- 3:35keep the the portion from it just literally sound like he's
- 3:39only eat the part That's more than the no, no, no, no.
- 3:43OK, you've had Amokhar sahora la cavaro beshishim zehuvim
- 3:47shikibel. OK, so what's this case?
- 3:50It's a little bit of an inverse of what we learned before.
- 3:53Another way of having a late fee.
- 3:57So we say like this. In this case, you didn't lend
- 3:59money. You sold an item from day one.
- 4:02You sold an item and it's worth the item is worth 60 Zehuvim and
- 4:10Shakib El Miyat. He got the merchandise
- 4:13immediately. He went to the store and this
- 4:17this is not an issue of there's no two fees.
- 4:19This is not Ribis. They're abundant that we learnt
- 4:23simonym about. This is just a normal
- 4:26straightforward sale. You sell something, you pick it
- 4:30up from the store or you know retailers from wholesalers,
- 4:35whatever. It is very normal.
- 4:37You buy it and you have a number of days to pay it back.
- 4:41Let's say 30 days is common. Whatever the whatever the
- 4:44agreement is, you have time to pay it back.
- 4:47And he says like this, but you only get, let's say you only,
- 4:51you can't have forever to pay it back.
- 4:52Let's just call it not 30 or 30 days to pay it back.
- 4:58In this case, he agreed to let you keep the item.
- 5:02He bought the item. It's not, it's not alone.
- 5:04And you pay the money, let's each other money in a year from
- 5:09half a year from now. That's this, that's this
- 5:11scenario. Whatever it is, it could be 30
- 5:12days, it could be 1/2 a year. And if you pass the time limits,
- 5:18you can pay back tomorrow or today, but there's a limit, you
- 5:21pass that limit automatically, you get a penalty of now you
- 5:28have to pay a hundreds of 60. So it's a 40 of penalty.
- 5:34So is that OK, The Kano Miyado, Mihigiya Hasman and he made the
- 5:40king and he took the item and then the time comes, right?
- 5:44That's exactly like it was written in the agreement.
- 5:52So I will just point out to you, because we had this, we had we
- 5:54mentioned this before. This is really, it's a reference
- 5:57to halakos of Kosher Mishpat. The shock just points out you
- 6:02have can't be where it's in a case of an asmatta where the guy
- 6:07doesn't really agree, he doesn't believe he's ever going to pay
- 6:10late. So a deal like this can't be
- 6:14where you where one guy accepts the deal.
- 6:16Yeah, yeah, yeah. He just listens to you.
- 6:18But he really doesn't think he's ever going to reach that point.
- 6:21He has no hava minute to ever pay the 100, the late fee, but
- 6:23you know, he's just going to pay on time.
- 6:25So in that case, you don't have to pay on time if it's just an
- 6:28asmatta. So therefore it's important that
- 6:31you according to the shalkhanara, you use the words
- 6:33may aksha. That's again and but here just a
- 6:44quick reference, at least according to the Ramara, the
- 6:46cleanest way is you make a Kenyan of some sort, such as
- 6:49it's done in front of three or you're right in the star.
- 6:52It was done in front of three witnesses or three OK or three
- 6:58based in kilo and all right, fine, let's go on.
- 7:04Or you have it in a regular star as we mentioned, just so you
- 7:06avoid the issue of the guy doesn't take it seriously.
- 7:09Begia Osman. OK, back to our halakha.
- 7:12Begia Osman of ribis. Now it comes time to pay and he
- 7:16has to pay a penalty. The low Natan, he has to pay 100
- 7:23and it's not a problem of Ribis. It's a late fee, a one time late
- 7:27fee on Kenyan on buying an item we learnt as 100% letter The
- 7:33Who. But here's a caveat Kisha, this
- 7:38is a little bit a throwback from what you learned before.
- 7:42OK, well, The Who Kishapasak al Aswara when they made the Halafa
- 7:48their transaction, their deal with the merchandise.
- 7:53It has to be in order to avoid issues of of of Aquarius, it has
- 7:59to be shiyatsa hashar, vakana kafi hashar.
- 8:03That the price that there was a set normal price and everybody
- 8:06agree and it was the normal price.
- 8:09Oh Haiti lo escora hai or he the seller had that merchandise.
- 8:16That's that's if I believe that's if he didn't actually get
- 8:21the merchandise immediately. That was also it took him a
- 8:24little bit of time to get the merchandise and then he's then
- 8:28he has six months to pay for the item because then if it's that's
- 8:33from the previous Sogya in Yatza Shar or Haitelo Eskora, it's
- 8:37also called Yezhlo. Then we look at it as if it all
- 8:41happened at once and there was a no time delay.
- 8:44All right, OK, that's just OK, Let's go to your text in hifkeed
- 8:50mouth Ezel Calvaro a person. This is not a loan.
- 8:55This new case is you're lending money, you're lending a bag of
- 9:00cash. OK, IM hif Ki Mao ETS El
- 9:04caveiro. He gave it to him to watch.
- 9:06He didn't tell him you can spend it, It's not a loan.
- 9:10But then he this the nif cut the one who's watching it for him.
- 9:15The show mayor violated his request and Hilvam Lagoin and he
- 9:20decided, and this is not an Iska situation, he decided to lend it
- 9:27out. We learned before that we're
- 9:30going to have this again later on that if he if it's an East
- 9:33Sky situation and he told you to spend the money and you're the
- 9:36managing partner, so you're not supposed to do what he doesn't
- 9:42want, but if you're doing it for him, it's OK because you're
- 9:47making a business deal for the both of you.
- 9:49But that's not this case. This case is you're just asked
- 9:53to watch the money and don't do anything with it.
- 9:56You're not making business with it and you're not lending it
- 9:58out. And then you went around and
- 10:00then you lent it to someone. You gave a full loan to a goy to
- 10:04a non Jew to do whatever he wants with it.
- 10:07Charge him Ribis and fine. So that's us.
- 10:13Or to do as the grub points out, it's like Kevan Shashalak yad.
- 10:18He was. He used it when he wasn't
- 10:20supposed to. He is a goslin.
- 10:23OK, fine. So he gives it to him.
- 10:26Kayev now he did. He went against when he was
- 10:30supposed to. He's a goslin.
- 10:31So now he's Kayev an onsin, the Nivkat, the Schomer, the A in
- 10:35the MAF give the Rev A clow. And the one who gave it to him,
- 10:39the one who's owned the money, is not allowed to benefit
- 10:44financially. He has to get the money returned
- 10:47to him, but he can't get any money from it as part of the
- 10:52deal. However, the Iman Nifkad wrote.
- 10:59But if he decides he wants to, if the Nifkad or the Schomer,
- 11:03the guy who was watching the money, if he wants to give him a
- 11:07gift of cash, is a mutter. It's 100% mutter because Ribis
- 11:14is only user. When you get a loan, someone
- 11:17gives you money, you take it over, you use it as you want,
- 11:20then you return the money and for the favour of using the
- 11:23guy's money for your purposes, you're paying back interest.
- 11:27Well, in this case, he wasn't allowed to use it and it wasn't
- 11:31a loan. And therefore, by definition it
- 11:34can't be Rivas. And they weren't Go there in a
- 11:36case over here of of Haramas Rivas.
- 11:40But it looks like Rivas from a certain vantage point, it does
- 11:47look like Rivas. And therefore the Sholkhanar
- 11:49brings the case to point out that they were and goes are in
- 11:53such a case. Because if anybody thinks about
- 11:56it for 2 seconds like we just did, everyone knows it's
- 11:58definitely not Rivas because there was no loan like, but OK.
- 12:04And it was us for him to use it. So yes, it could, it could have
- 12:09been, but it isn't cough Hamis Asik Vishal Cavaro Vinoten lo
- 12:16reva Bekoshanah. A person works for his friend in
- 12:21Isca and they share the profits for a year.
- 12:26Ulubesov at the end of the year and he's throughout the year,
- 12:31the managing partner has been giving him cheques or deposits
- 12:34into his account, telling them here, this is your profit.
- 12:38Ulubesov Towing at the end of the year he he says, by the way,
- 12:43all that money I was giving you, I was pretending that that was
- 12:47profit. Shiloh Yashamreva and but there
- 12:50was really no profit. The business did terrible the
- 12:52whole year. We made no profit.
- 12:54We do not believe him and unless he has, even if the, the, the
- 13:07the owner doesn't have any witnesses, it doesn't matter.
- 13:12We don't believe him at all. And he must pay.
- 13:15He gets to keep all the profit. And then the guy owes him all
- 13:18the the care and the principle. And this is and it's because he
- 13:24himself by paying and calling a profit all year long, he himself
- 13:28already sealed his fate. OK, Kafala, IM notain the Cavero
- 13:35scora bittoras isca. All right.
- 13:39It's again similar case, the normal case of isca.
- 13:43We keep jumping back in and out throughout this Simon correct.
- 13:50So normal case of isca with merchandise as opposed to cash.
- 13:54But the isca goes the goes on both.
- 13:57I mean could be either 1 normal either way, it's a normal case
- 14:02of isca. However, this is where it gets
- 14:05the new caveat, a new twist. Inderak liskor kateh le holika
- 14:12leshuk. Now when you give the
- 14:15merchandise, it's not a wad of cash.
- 14:17You just hand them in his hand or a bank deposit that it's
- 14:20easy, it's heavy. So you have to have a Kateh, a
- 14:24carrier or a Qatar. Qatar, thank you.
- 14:28You have to have a delivery service, you have to have
- 14:31mishlovak a truck, whatever it is, you have to get transferred
- 14:35over. So who normally pays for it?
- 14:38So in a case when normally the investing partner who gives over
- 14:43the cash, that becomes his expense.
- 14:47OK, so that so he has to pay for that Loyo Marlow.
- 14:52I thought of his personal portion.
- 14:54Loyo Marlow, he cannot tell him and it's usser for him to tell
- 15:04him that it's us for him to pay it.
- 15:07The the the managing partner can't absorb that cost and pay
- 15:13for it. And he can't be because he says,
- 15:16listen, I'm paying you remember we we said it can't be a deal of
- 15:195050. It has to be it because you have
- 15:22to pay him for his service something and it could be 10%,
- 15:26it could be a shalish 6, depending how you define it from
- 15:32the total amount. That's what the Cazals often
- 15:35says is the case of Stump. Again, it could have been $1.00
- 15:39if you set it up initially. But the point is you can't say
- 15:44after the fact and you can't do it even before the fact because
- 15:48it turns out that that's that's expense.
- 15:54If the managing partner has to pay it, then we look at it as
- 15:59Rivas, we look at it as Rebus on the malva portion.
- 16:04In other words, these, there can't be anything in exchange
- 16:08for this Scar TIRCA. It has to be now.
- 16:12It could be you can do partial. It's just it could be if you set
- 16:17it up right from the very beginning, it's OK because we
- 16:20said you can even make scar TIRCA $1.00.
- 16:23So it could be, it could be set up somehow, but it can't
- 16:26certainly in the way here you show up afterwards and you say,
- 16:29by the way, let's make a trade for it.
- 16:31So all right, anyways, but that's the principle.
- 16:37And the shock points out really it always goes based on what the
- 16:40minog is. It could be the minog is the
- 16:43managing partner always pays for it.
- 16:45And then that's OK because that's what's normal.
- 16:48It can't be where the the manage the investor.
- 16:54Certainly it cannot be when the man and you and the investor
- 16:57partner based investor basically says I want you to cover
- 17:00something and that can be construed as or thought about as
- 17:06a ribis for or a benefit for the his Ketzi Milva.
- 17:13That's the that's the guiding principle.
- 17:16OK, exactly how it applies a little bit tricky, fine, but
- 17:20that's the main idea of the Shamin Kamatsarik Litaine
- 17:24Rubikhala Karen Nirmanja says after the fact you when the
- 17:31managing partner has to pay back the Karen, the principal to the
- 17:36investor, he deducts the expense of the carrier of the the
- 17:41delivery service, the shipping fees.
- 17:45That's right. If the manager, if the investor
- 17:48wants it to come out of the manager in his pocket.
- 17:51So the manager pays for it and he deducts it from the Cairn.
- 17:56And because that's the whole fine, let's go on.
- 18:01Cough bet imesh limacabo skara shakana Guzman, Hazel.
- 18:08OK, so again, this is a normal case of ISCA and he gives them
- 18:13money or merchandise from the beginning.
- 18:16Let's say it's money. OK, Now this money is supposed
- 18:23to use be used by the managing partner to run a business.
- 18:27He's supposed to buy merchandise with this money, sell the
- 18:31merchandise, make a profit, return the interest and share
- 18:35the profit. That's the normal case of any
- 18:37Scott happens to be the business that wants to be used over here.
- 18:44The merchandise that he wants to do, make money out of it.
- 18:47He has that merchandise. The managing partner just so
- 18:51happens he has this merchandise in his own in his own garage or
- 18:54his own storage warehouse, whatever it is.
- 18:57He has the items himself, but he bought it let's say a year ago
- 19:04for a cheaper price than it could be sold today.
- 19:07So the halaqa is Ryaksha and now when they started this Iskra,
- 19:14the merchandise that he has in his warehouse or in his house,
- 19:18it went up in value. Now it's worth more than when he
- 19:20when the managing partner bought it a year ago before they even
- 19:23knew each other. Dao he has it his house.
- 19:26We say LO yah shumotah kemos chicana alla komosha shabiata.
- 19:32You can't what's the right word? Appraise it or assess.
- 19:38There you go. That's the word.
- 19:39You can't assess it the way it was a year ago.
- 19:45You have to assess it the way it is now, because now is what it's
- 19:48worth. And if you give him a discount,
- 19:54you can't give him a discounted price from a year ago, because
- 19:58that discounted price can be construed as or thought about as
- 20:03ribis on his khetsi malva. That's the problem.
- 20:07And it's also cheating himself. The item is does is not worth
- 20:12what it was a year ago. That item is worth what it is
- 20:14now. You're not allowed to because it
- 20:18could be a ribis problem. Can't be a super nice guy,
- 20:22right? Can't be foolish and businessy.
- 20:24But really, you can't be a super nice guy because of ribis.
- 20:26That's the problem. Well, Malcolm Shinagu, let's
- 20:29take now. This is just a separate issue
- 20:31that our mouth throws in anytime we deal with an ISCA.
- 20:36Each partner owns half of his own half of the prophet.
- 20:41No one person can control the other person's prophet because
- 20:45it's the entire prophet doesn't belong to one of them.
- 20:49Each one owns his half and therefore now when?
- 20:58When the person normally gives, when the minute is to give mysir
- 21:03from the prophet Ina Makabel, Miyahu, alot, Mitena Meiser, Eli
- 21:07Hetzel, Lenote, who the managing partner can't say listen, we
- 21:14always the minute over here is we give 10% of our profit to
- 21:18Sidaka. So we made $100 profit.
- 21:22Before I give you your $50, I'm going to give 10% to the Sidaka
- 21:27that I like, and then I'll give you your $45.00 back.
- 21:30And you don't have to pay Meister Sidaka on that money.
- 21:36You're not allowed to do that because you're controlling his
- 21:38half. It's none of his business.
- 21:39It's not his half to control. And you have to give the 50, his
- 21:43half, whatever, whatever the half the profits are, minus this
- 21:47criteria, whatever he gets. And then he takes that money and
- 21:50then the investor gets to choose where he gives his Sidaka to.
- 21:54How did he have it? Did you have it?
- 21:57You're not allowed to. He could be a Gazan.
- 22:00Yeah, sounds like OK. I'm not sure 100%, but sounds
- 22:07like OK. Kafka MO annotating Behema la
- 22:13caveiro B iscaba astronaut. Now let's say a person is going
- 22:17to give an ISCA, he's going to give a business, right?
- 22:22They have a deal, a normal case of ISCA, and he gives it to him
- 22:25and he says it gives him a Bahama gassa, he's giving him an
- 22:29animal, Kya vitafel shwanasar kodesh.
- 22:34He has once they agreed to go in this business, he gives him the
- 22:38animal and the managing partner is now taking care of the
- 22:41animal. He's working hard for the
- 22:43animal. He's to feed him, take care of
- 22:46him, carry him. Sometimes, I don't know, make
- 22:48sure he doesn't get sick, whatever.
- 22:50Deal with him, protect him, whatever's involved bringing him
- 22:53in and out. You can't go back on your on the
- 22:57deal for 18 months. Shmunasar Kodesh.
- 23:01Once you go into this deal and you give them livestock, then
- 23:05the investor cannot go back. We're going to see maybe the
- 23:10other one could managing partner, but the investors
- 23:13certainly cannot go back for Ubadka Estream, Ubadaka Estream
- 23:19of the ARBA. And once you make go into this
- 23:21deal 5050 and you give him a small animal, Dhaka, you know,
- 23:27like a sheep. So then you can't go back on it
- 23:31for 2424 months. Ubettok zezman kolekhad MI
- 23:36akevaka Vera. Now, as long as this period is
- 23:39involved, each one is locked in and can't go back because
- 23:48there's an advantage in the there's two in the AKA the the
- 23:56TAZ explains it nicely because in the first year or the
- 24:01beginning of the deal, love DACA the first year, but we'll call
- 24:04it the first year, the beginning of the deal, the first months,
- 24:07the DACA requires much more time and care and energy and and
- 24:12physical labour in this. And then in the second year it
- 24:16requires more money because the animal gets bigger and then he
- 24:20eats more food. So basically, there's a reason
- 24:25why there's an advantage, disadvantage on both extremes,
- 24:29why for the entire period of time they're locked in.
- 24:33So you can't, you can't read it, OK, unless they both agree that
- 24:37you can't force force to go back.
- 24:39Now what happens to the offspring during this time
- 24:43period? 18 months, 24 months and you
- 24:47have a little offspring that I'm born Vavados Malcolm Shinagu
- 24:52Malcolm. So it depends with the Menagas.
- 24:56There's two possible menagas. It depends on the Menagam.
- 25:00Either they immediately divide up the animal right, OK again
- 25:07and you have to do it with an appraisal, or they both agree to
- 25:11what's hetzi hetzi, but OK either way, either option or the
- 25:23minad might be that you, there's nothing you can do You can't.
- 25:28You don't sell it for 30 days or 50 days, depending if it's let's
- 25:31say a Cal or a she, vice versa, whatever.
- 25:36And from then on, no tell. Starting after that time, in
- 25:51other words, once it's the time where you can separate, you
- 25:54could divide it. Then what happens?
- 25:58Half of the blood belongs to each one, to the investors half,
- 26:05to the managing partner half. But then the managing partner is
- 26:10also watching the other the investors half again.
- 26:14So you do the managing partner gets 100% of his half the profit
- 26:21and then the from the other half they get that's the Palga Palga.
- 26:25So then in, in essence, the managing partner after these 30
- 26:30or 50 days or what depending or immediately around the minute he
- 26:33gets 3/4 of the profit and there's no start.
- 26:38We're going to see and there's no start.
- 26:40But here, fine, that's not Satya.
- 26:45Yeah, it's Paga. Paga, that's the ISCA.
- 26:47That's not whenever we said Satya has a deduct from that
- 26:515050. Yes, exactly.
- 26:56It's a little bit like a new ISCA until let's get to the end,
- 27:00you'll see it reverts back. So right now he's making 3/4
- 27:03profit Meyer Khela Khashini and you don't have to lose
- 27:09Khartirchha because the whole animal is one animal.
- 27:13So when he's taking care of his animal, Mamela is taking care of
- 27:18the other animal, Barkhorcho. And therefore it doesn't look
- 27:22like you're working for him, for the Khelik of the Malva Iim
- 27:26Balakhlok. Now let's say you want to you
- 27:29want to divide the animal. Each one takes his half no
- 27:32problem. And there's one Sigiya Dizman,
- 27:35whether it's OK, 18 months, 30 days, however, whatever the
- 27:39whatever we're holding in the in the in the in the calendar,
- 27:43right? Or they both agreed.
- 27:44Sorry, Cleo Dio la Calvaro. He has to tell him and they have
- 27:47to agree how to fairly divide it.
- 27:50Or if the guy doesn't want to agree to it, but Iggia has 1.
- 27:53So how do you force him? You bring le shume Ole hats, not
- 27:58be fenesh lotion. You bring in an assessor or
- 28:02appraiser, whatever the right word is, and you do it in front
- 28:05of three and you divide it in front of three.
- 28:08And then you can't say anything because that's a halaka.
- 28:10We in love in a Kaluka Klum. But if you try and divide it
- 28:14without doing, without agreeing or getting an assess, So then
- 28:19you didn't, there's no kaluka, you didn't accomplish A kaluka.
- 28:23It's impossible to divide it. It's all intertwined and
- 28:28therefore and and we say the Iska's also Vitella and
- 28:33therefore listen to the Rama Hagav Eno no tell rat Mahita
- 28:38Shava. And now you go back to
- 28:41everything. We say everything has not been
- 28:44divided and everything, everything including the animal,
- 28:49the imaginal animals and including the Vlados until you
- 28:52come to until you do a kaluka, everything you have over here.
- 28:57We look at it as coming from the investor and everything is and
- 29:03from now at this point on, once it's the time of the Khaluka.