Latest / SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day! / Yoreh De’ah 162:1-3. Interest: Item Loan, Value Increase, Small Amount, the Borrower Owns Some; Always Available, Known and Standard Market Price

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Yoreh De’ah 162:1-3. Interest: Item Loan, Value Increase, Small Amount, the Borrower Owns Some; Always Available, Known and Standard Market Price · SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day!

• 0:02
  Yeah, yeah. Good morning.
• 0:05
  We're in Kuf Samaf Bays Semi Kuf Samaf Bays S Olive, Kuf Samaf
• 0:11
  Beslola Hall, The Saab, the Saab.
• 0:13
  So the whole concept of Saab, the Saab is Xera de Rabanan.
• 0:17
  The Xera is that now we saw as a large measure of wheat.
• 0:22
  We're afraid that you'll borrow a large measure of wheat and
• 0:27
  then by the time you, you pay it back, the cost of wheat has gone
• 0:31
  up. And so the value of what you're
• 0:33
  paying back is higher than the value of what you borrowed.
• 0:37
  And that would be a form of interest.
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  Now this is exertor abundant and we're going to see some ways to
• 0:42
  get out of that because it's only exertor abundant.
• 0:45
  We're just trying to show that, OK, here are different ways that
• 0:49
  that if you're showing that, OK, the, the, the value that it went
• 0:52
  up was in the was in the resource of the malva.
• 0:56
  So then then there's no Xero and we're going to see that now.
• 0:58
  Olive also Lava Saabasa, you cannot lend.
• 1:03
  I'm going to borrow an, an modern day equivalent would be a
• 1:08
  kilo bag of flour. I'm going to borrow a kilo bag
• 1:11
  of flour and pay back a kilo bag of flour because, you know, it's
• 1:16
  just easier. It, it, I think it does.
• 1:21
  We're going to see at the end of the sift that that that may that
• 1:23
  may make a difference. So for, you know, barring a kilo
• 1:29
  bag of flour and and paying it back.
• 1:31
  Well, what happens if it was, I don't know, 1010 shekel a bag
• 1:36
  and now it's 10 shekel and 30 I'll go wrote a bag.
• 1:39
  So we see that if it's only 30, I'll go wrote and people aren't
• 1:43
  mocked it on that, then they're then I'm mocked it.
• 1:46
  And so it may not count. But what happens if you borrowed
• 1:51
  a tray of eggs and that was 34 shekel and now it's 37 shekel
• 1:58
  and it's like, well, for three shekel, I mean, like I would
• 2:00
  have preferred the three shekel in my pocket, right?
• 2:03
  So, so then, then, then maybe that is interest.
• 2:06
  So we're we'll see different ways to get around it.
• 2:08
  So Oslo, so besa afilu lo Kosov loews manly Peron, you're not
• 2:12
  allowed to, you know, borrow an item whose value could go up in
• 2:19
  value and then pay back that same item.
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  Even if you didn't set when you would, when you're going to pay
• 2:25
  it back the whole the thing called over.
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  It's not necessarily a saw of heathen.
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  It's any item, any physical item whose value could go up.
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  Hotzmi matbea kassif except hayote SE bohotsaw, except for
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  cash that you can use to pay things.
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  So because like Robbie Gilman was saying yesterday, there was
• 2:48
  a time in Aaron Cicerol when dollars were fairly commonly
• 2:53
  accepted within a store, you could pay something in dollars.
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  So then that could be a, a, a currency that's accepted there.
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  So then that counts as that counts as money.
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  But if it's not commonly accepted in stores, so then
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  that's not a currency. And then that's that's what he's
• 3:08
  saying. It has to be something that's
• 3:10
  used as cash, I guess, of Ayote boat saw that you can use to pay
• 3:14
  things. The Shami yusrak Yusak revenant
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  nosola yosami Marshall veil. The problems of the saw is that
• 3:20
  the item that you borrowed could become higher.
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  The the the price of it could go up.
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  It'll cost more money. And so now when you're paying
• 3:27
  back that item, you're paying back more the the dollar value
• 3:31
  more than what you borrowed. And that's Rivas Shami Nosolo
• 3:35
  yosum Marshall veil in Loti sent a dummy.
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  Now the way around this is you can borrow an item.
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  If you say I'm, I'm, I'm taking a bag of, you know, a kilo bag
• 3:45
  of, of flour. But we're going to say, well,
• 3:49
  you know, what's it selling for at Yech it, it, it's selling
• 3:51
  for, you know, 1010 shekel. So I'm taking a bag of flour and
• 3:57
  but we're denominating this as a 10 shekel loan, right?
• 4:01
  So then I'll then that's fine. I'll pay you back the 10 shekel
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  or yeah, initially that's what was that.
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  Well, if if we're going to see what we're going to do that now
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  and no, she has send a dummy now you can't do Subasa unless you
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  unless you set up that what you're actually borrowing is the
• 4:26
  value of the item that you're borrowing.
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  She and Miyazaki using the Osam Hadaman.
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  The the point is that if it goes up in value, if the 10 shekel
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  bag later now sells for 10 shekel 50, you're only going to
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  hand them 10 shekel. You're not going to hand them a
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  bag. You can't because then that that
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  now it's worth 10 shekel 50 and not just on a dumb machine.
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  Miyaki, you can owe some hadammen.
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  If it goes up in value, I'll pay you 10 shekel.
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  I won't give you back a bag. The M lo ASO dhammen.
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  If you now if you said at the time of loan and you didn't say
• 4:57
  anything and you didn't turn it into a, a, a value loan benisaku
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  and now it does go up in value. So no Salahuddin Mishal Yoshavin
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  Bishal Salva, then you have to give him the tentacle of value
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  that it was worth. You know, at commonly at the
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  time of the loan. Then who's Liu no Salah Sasha
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  there. But what happens if the value
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  goes down and we're very much not used to it.
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  But there is such a thing as deflation and things can
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  actually go down in value. So then if you didn't say
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  anything, So then if it goes down in value, you not only you
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  can't you, you, you shouldn't give the bag because if you give
• 5:41
  him 10 Oh, wait, that that should still work.
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  You, you could probably still give the if you didn't set
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  anything up, if you didn't turn it into a dumen.
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  And then the bag of flour goes down in value.
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  So when you hand them back a bag, so you're giving him less
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  than the, the lesser of a value than what you borrowed, which is
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  OK in terms of purpose. So then you can give the bag.
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  Alone, even if you didn't use it, since you can use it, the
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  fact that you're giving the exact same I don't.
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  I don't think it makes a difference.
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  I've got yashmi yashmi, Shikassab, the disman has that
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  Matbear Shazab, Dino Kikassaf. There are those that say that
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  that these days a, a, a gold coin is still considered cash.
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  That is, that is that you can use to pay for things and that
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  that would depend on, you know, on particular times, the love in
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  Zehuv, the Zehuv. And then you can borrow a gold
• 6:49
  coin and pay back a gold coin. You don't say, well, what's the,
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  what's the exchange rate between a gold coin and and regular
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  silver coins? You don't say that.
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  Why? Because the gold coin itself is,
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  is is accepted the haynog and hoko and there is a a minute to
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  be Mako. The alms must be on them.
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  And you should not, you know, be moko.
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  Don't, don't yell at people who do that Ki ish laham al Misha
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  yus moko because it is a reliable opinion.
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  Ish Misha Omar de Moto la lavos, kika laffen, bikika laffen are
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  those that say that you can borrow A roll and pay back a
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  roll. Now why is that?
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  Why did you suddenly switch to a roll?
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  Because a role is a smaller thing than a salkitan.
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  And I think he's dafka focusing on that, that you guess you can
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  borrow and pay back a role because bikikarla FM kemat
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  beshaka. So if you can do that as if it
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  is a silver coin, as if it is a shekel, the meafra, the
• 7:51
  dabamudu, because since it's a small item, it's not that much
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  low copy. But I don't know how daddy bizet
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  people don't care. So the, the, the, this role will
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  go from being 2 shekel 30 to 2 shekel 40.
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  OK, turn on the road. Nobody cares, right?
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  So then it doesn't matter. And he says the fenog and the
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  huckle. So it seems like at least
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  Ashkenazim can actually borrow small items.
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  Maybe, you know, a bag of flour, maybe a liter of milk, you know,
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  because the the difference in price is going to be even in
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  inflationary times like we're living in now, the differences
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  in price from, you know, one week to the next isn't going to
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  be so great that people would be mocked it on it base.
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  And so we said one Hector now already is that we saw 2A term
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  in in olive. One was that you can borrow an
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  item if you say, if you set it up that I'm actually borrowing
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  the, the, the, the cash value of the item.
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  And if there was a difference in in price, So then you're
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  agreeing that you'll pay back cash or the item depending on
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  which direction the, the the price goes.
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  That's OK. Another headset that we saw is
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  if it's a small amount from people, you know, the difference
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  in price that it could change in is, is, is something that people
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  are not not bid. That's another headset.
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  So now we're going to go into another one bid if you have at
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  home the, the borrower has at home a little bit of that thing
• 9:28
  that he's borrowing. So you're borrowing a, a, a, you
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  know, a kilo bag of flour. I don't know how much flour you
• 9:34
  would need in the house. You don't really need to have a
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  kilo. You need some a little bit of
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  that. I feel it ain't enough to have
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  to be, though, even if you don't actually have access to it, you
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  can't. Oh yeah, I lent the key to the
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  pantry to my son-in-law and he's away and it doesn't matter it
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  it's it's in your interest. You have it so Lovolov.
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  Then you can borrow SAB the saw. I feel comma son lift fro SAB
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  the saw. Then you can even do many son at
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  a time. And even though it's SAB the saw
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  now what? What's what?
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  How does this mechanism work? We said already that this is the
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  whole Fischash is a Fischash or a Bunner.
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  That's all. This isn't this is or a Bunner.
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  So we say like this, if you have a small amount of that thing,
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  you can say that this small amount by the borrower is
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  already dedicated and it's it's already that it's sitting by the
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  lender. And therefore, if there's a
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  change in price, the change in price is happening in the
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  lenders resource. I but it's only a small amount
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  connected a large amount. So you'd have to like do it many
• 10:45
  times. And how would that work?
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  You can only do it once physically, it doesn't matter,
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  right? As long as you have like like a
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  pesa. As long as you have something
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  that you can say that we took care of this problem.
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  Even if it doesn't actually work, it's fine.
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  You can have you can borrow many saw against one saw that that
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  the Lova Hasburg Shuso and then we we took care of the problems
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  of the same because you can because with tola that it's
• 11:13
  Kiilu by the Malva. It's not really by the Malva.
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  It's Kiilu by the malva and the change in price happened by the
• 11:20
  Malva and that's enough. Then Anglo Klum Mayo Simon.
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  Now what happens if Lova doesn't?
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  He doesn't have any like literally none.
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  He'd know how the Hotmail Simon, then the Malva can give him a a
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  Matana here, have a little bit of this.
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  Now you have some. Now we can borrow.
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  You know, many sun connected that Oye Lavelo.
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  You could even lend him one saw. I guess that loan would have to
• 11:53
  be the monetary value, because otherwise he do that first one.
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  But once you lent him that one saw which, which maybe we're
• 12:01
  saying that one is, you know, set up as a monetary loan as as
• 12:04
  the value of that item. Now, now biloba has a has a saw
• 12:09
  in his possession, right. And now we can now say that, OK,
• 12:13
  that's dedicated to the Mahaba. In other words, again, this is
• 12:16
  just so that you can say, Oh, we took care of the of the Hector
• 12:19
  of Yeh Schla, like as long as you can claim that you're good.
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  Don Sasu Giloba This is this is the Mahara, his own opinion.
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  I got haya lilova na atmaosham and picadenbiat Afer.
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  What if the Lova doesn't have a little bit of that flower by
• 12:46
  himself, but he does have it. It's it belongs to the Lova, but
• 12:50
  it's sitting in somebody else's wishes.
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  It's a deposit by somebody else, Arreza keilu Hayabiado that that
• 12:56
  still counts because it's still owned by the Lova.
• 12:59
  And you can still say that that that that's is dedicated to the
• 13:02
  Malva and therefore any change in price happens in the malls
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  vicious other than my friend, high oven low.
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  But if other people owe the lova of that men, that does not work
• 13:14
  Low mcgregation low, that does not count.
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  You can't say that the fact that other people owe the Lova.
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  Therefore it's as if it's by the Malva.
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  That's too far of a stretch. You do not have, you do not have
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  the Hector of Yezhloe in that case.
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  That's the base. So is that the Fein Marshmu
• 13:30
  Dumar, Dezanne Nasha that somebody else owing you doesn't
• 13:33
  care? The Fein in Yezhlova, Malcolm
• 13:36
  Afer the in Lamalva der Flashom. What happens if the Lova has in
• 13:40
  a different city? He has this in in his resource.
• 13:44
  The whole way that this works is because we say it's kilu by the
• 13:48
  Malva, But if the malva has no way of getting to it or no
• 13:51
  reasonable way of getting to it, then that doesn't work.
• 13:54
  That that does not count as the H law Lovisch amasheishlo mahat
• 14:01
  Mizehemin. If the lova claims he has, he
• 14:06
  has a little bit of that of that men of that item.
• 14:11
  So then the Malva doesn't need to prove it that he doesn't need
• 14:15
  to see that the Lova has it. If the Lova claims that that's
• 14:18
  enough for the Malva to set up a sub basal loan, then it's our
• 14:21
  harilo devarvi. It doesn't the the Lova does not
• 14:24
  have to prove it to the Malva. Hova Moto la halvos lokashiyes
• 14:28
  lamo samin einstam that which we say that you can borrow sub
• 14:33
  basalt if the Lova has an osamin.
• 14:36
  That's a stomp situation of em Hamalva Masnet Shimiziak
• 14:40
  Roofitan, Ishan Lokitan. But if the model actually sets
• 14:45
  up the loan that if it goes up in value, then I want the item
• 14:48
  itself back then use Lou Utah Moss.
• 14:52
  And if it goes down in value, then I want you to give me, you
• 14:55
  know, the, the, the value, right?
• 14:58
  So that is such in such a way that the model will never lose
• 15:03
  ethanol Moss dummy Shaviak, Keshar shell ethanol Moss dummy
• 15:09
  Shaviak. But if the if the value of a
• 15:13
  soft key then goes down in value, then I I want to get the
• 15:17
  the original value also. And then this doesn't work.
• 15:20
  Even if we have yeh, even you can say yeh Schla the Javi Karva
• 15:25
  Schlaf said, because this is a situation if the model that
• 15:27
  cannot lose in value. So the fact that yeh Schlaf
• 15:30
  isn't going to be enough of that there.
• 15:34
  I don't know. I don't know Gimel paella also
• 15:39
  means shar Bishop Cavour. What if there is now we're
• 15:44
  talking about Bashar and Bishop Cavour like this makes like like
• 15:47
  a commodities market. But it I, I I think that the
• 15:51
  hakama trying to to set this down about trading.
• 15:54
  They're trying to give, you know, for the diarist and and if
• 15:57
  there is an easily available commodities market that that's
• 16:00
  liquid, you know, that's the kind of thing that we're talking
• 16:02
  about. But in practical, practically
• 16:04
  speaking, if you can easily go to a store and quickly buy the
• 16:09
  item that you owe to to the Malva.
• 16:12
  So then that's another headser. Hey, hello, Samin Shah, Bishop
• 16:15
  Kabua via Duolish Nahem. Both of them know that this this
• 16:19
  thing is readily available in the market, not the lava sub,
• 16:23
  the sub. That's another header of setting
• 16:24
  up the sub the sub Why? Because again, the the Lobo can
• 16:28
  get access to to to the item and then and then give it to the
• 16:32
  Malva before it goes up in price.
• 16:34
  I'm not exactly sure how this works, but the point is that he
• 16:36
  can, he can really, he can get it.
• 16:39
  So therefore it's as if again, as if he did get it.
• 16:42
  And then it's as if it's already by the Malva.
• 16:44
  And then it's as if it's as if the by the malva went up in
• 16:49
  value. And today is not really seems
• 16:56
  that way. Now again, this one, this one
• 16:58
  is, you know, even further removed because the lover would
• 17:02
  have to go out and buy one and then because he could buy one
• 17:05
  there if it's ready to buy the marvel.
• 17:06
  But again, we're saying all of these things as long as you can
• 17:09
  be told about OK, we we have a head there.
• 17:11
  So then then setting up the Subasat is Mutt loan is mutt.
• 17:15
  I'll Viola Kamansen Kuf Ayn. Hey, a is the maker Shar Kabua.
• 17:20
  What does it mean? A, you know, a readily available
• 17:23
  known price market, but the Yeh Lobos Al Shah said Beshuk that
• 17:29
  which he could, you know, he could borrow against it in in
• 17:31
  the market. I know the Haloba Yeh Lofrolo
• 17:34
  emashir. So all of this only works when
• 17:37
  the Loba can pay back the original loan whenever he wants,
• 17:40
  because then you could say, well, I could quickly go to the
• 17:42
  market. I could really go get it back
• 17:43
  and then then return to the Malva.
• 17:45
  That only works if the Loba has the right to pay it back anytime
• 17:49
  he wants, which is typically when you know, neighbors are
• 17:52
  borrowing a bag of a bag of flour.
• 17:54
  That's typically how you set it up Aval in his national Kalapur
• 17:59
  on odd Shasta yoga. But if you set it up well, wait
• 18:02
  a minute. I I lent you something for 30
• 18:04
  days and in that 30 days, it's expected that interest interest
• 18:08
  is going to go up and then you know everything is going to go
• 18:11
  up in value and you can't pay me back before that.
• 18:15
  Then us then setting up this kind of Asabasa alone becomes
• 18:18
  us. That's it for today.