Latest / SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day! / Yoreh De’ah 172:3-6. Interest: The Lender Using the Borrower’s Property/ Collateral

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Yoreh De’ah 172:3-6. Interest: The Lender Using the Borrower’s Property/ Collateral · SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day!

• 0:01
  OK, we are continuing hill cost ribis kuf EIN bet seif gimel the
• 0:09
  Mushkanta zo. So again talking about Mushkanta
• 0:13
  Desura, that's the Mushkanta zo. Just a quick reminder, according
• 0:17
  to the show Hanarak, the only kind of the only time you're
• 0:21
  allowed to use the Mushkanta that smutter.
• 0:24
  Again, we're not talking about nowadays Mushkanta mortgages.
• 0:27
  We're talking about the Mushkanta and the Gemara.
• 0:31
  Any time you're allowed to eat that, it's mutter.
• 0:33
  Is it only when it's a Mushkanta dis Surah?
• 0:36
  When you talk about a Mushkanta Dinah kaisa, that's where you
• 0:44
  you're only partially getting paid back by using the mashkun
• 0:48
  in the meantime, the collateral in the meantime.
• 0:50
  But really you're going to return it and get paid back from
• 0:55
  the lova. Generally speaking, most of the
• 1:00
  of the the cash that you lent out, most of the loan back,
• 1:04
  that's Mushkanta Dinahaisa. So according according to the
• 1:07
  Sholkhanara, Mushkanta Dinahaisa is never a mutter.
• 1:09
  It's always at least Mr. Abana, it's the Rama who says it's
• 1:14
  mutter. If depending on the cases that
• 1:17
  we mentioned in Sif olive, OK, so again, the word to the
• 1:22
  sholkhanar is obviously has to be talking about Mushkant
• 1:24
  Dasura, even Notain Hamal Villalova, Davar Muat Leshana
• 1:30
  Bishvil Chicago, all of Izzy Tikun Kao.
• 1:34
  OK, so what's the case? The case basically is regular
• 1:39
  case of Mushkant Dasura. And the guy gave you a house,
• 1:43
  could have been a field, whatever, we'll call it a house.
• 1:46
  And so the Malva's, you're going to use this house, let's say for
• 1:49
  a year and that's going to be worth the loan.
• 1:53
  And even though if he's getting a little more benefit, we don't
• 1:55
  call that Ribis, we call it a rental or a Mecca agreement.
• 2:00
  OK, now what happens over here? So that's the normal case of
• 2:04
  Ishkanta Dasura in Gimel. We're adding a little, a little
• 2:07
  something here. We're saying the Malva, he's
• 2:10
  getting the house for the year, right?
• 2:12
  In our case, what happens if something breaks?
• 2:17
  Their maintenance, their repair fee.
• 2:19
  So what happens is the the Malvet is allowed to again, it's
• 2:24
  up to their agreement, but the Shahana was just pointing out to
• 2:27
  the Malvet is allowed to pay upfront or monthly whatever,
• 2:33
  some kind of a maintenance fee. If something should break, then
• 2:37
  the Lova is responsible to fix it.
• 2:40
  It's he's not taking full responsibility.
• 2:44
  Well, I'll keep reading. You'll see he's not taking full
• 2:46
  responsibility for the house. Muskan to this story means you
• 2:49
  can only collect from the house for the loan and you can't
• 2:53
  collect anything. Anything happens to the house.
• 2:56
  You cannot go to the Lova necessarily afterwards.
• 3:00
  It's supposed to be paid from the house.
• 3:02
  So what does he say here? But you're allowed to pay a
• 3:07
  maintenance, you can pay him a something amount, whatever it is
• 3:10
  stump $100 a month. And it's like insurance.
• 3:14
  Anything that needs to get fixed, you know, for a tikkun
• 3:17
  kaal and it depends what the arrangement is.
• 3:20
  Chicago love is a tikkun kaal Kagan Shivira Takura chiotse
• 3:23
  bazaar. So you know, something breaks,
• 3:25
  something needs to get fixed. It's mutter that's mutter.
• 3:30
  This doesn't undo the kula of Mashkante Dasura.
• 3:35
  It's still fine as the the bear, in the words of the bear, Gola,
• 3:40
  if you want to see you point out, because still the Achrias
• 3:44
  is on the House and if it falls or burns, so then the Malvet is
• 3:51
  going to lose out, OK, because it's a rental agreement and and
• 3:55
  that was that was the agreement. Otherwise it's it's going to be
• 3:58
  too close to Ribbus. OK, I think that let's keep
• 4:06
  reading, right. We noting lodovar katsu lishena
• 4:14
  but not a maintenance fee. Let's say you tell him here I'm
• 4:17
  going to pay you X amount of dollars or whatever you live in
• 4:22
  Israel. Khalim Kadeshiya Kabul ahraut
• 4:24
  menefila O sarifa Yeshmi Shalman.
• 4:28
  But it Yeshmi Shah OSA. OK, if you if the mall that pays
• 4:35
  him not our maintenance fee, but you're paying him like an
• 4:39
  insurance policy here. It take, you know, $500 a month
• 4:43
  or a year, whatever. And if anything happens to the
• 4:46
  house, then you get your house back and you owe me it.
• 4:55
  Yeah, the use of someone else's house or fix it up.
• 4:58
  And then I get I get to use it however it work, whatever the
• 5:00
  however it plays out. But the point is he's now
• 5:05
  putting the responsibility, removing it from the Mushkante
• 5:10
  Dasura and putting it back on the lobe.
• 5:13
  And that is that's that's that is Usser according to so this is
• 5:20
  a mock locus. Basically.
• 5:22
  This is really the mission has two parts.
• 5:24
  According to the this shalkhanara has two parts.
• 5:27
  The first half it's saying even if you give him the akrayas it's
• 5:33
  mutter because he can still only initially he can only collect
• 5:38
  from this one From the first one is the only.
• 5:42
  OK let me just take a step back. We kind of had this before in
• 5:45
  Olive but let's just do a review.
• 5:47
  In case it wasn't clear there is 2 opinions that make in the
• 5:53
  rishonim that make a mashkanta desura mutter.
• 5:57
  The first one is the the main thing is that the Malvet can
• 6:03
  only collect from the Mashkanta Disura, from this house or the
• 6:08
  field. There's no way for him to go to
• 6:11
  collect anywhere else, such as from from any other property.
• 6:17
  So then and so then even it. So then it would be mutter.
• 6:26
  Even if he the Lova accepts a cryosurfi, but he's still only
• 6:32
  able to collect from from the house and he's just getting
• 6:37
  insurance on this house, that would be mutter and that's the
• 6:40
  first opinion. And that's Stam Virginia
• 6:43
  schomrim and that's so the first opinion is really holds that
• 6:48
  even if the Lova got a cryos and from the Filo and Saifa, it
• 6:53
  would be mutter and that's what he the shokanarak is.
• 6:58
  Is only mentions this opinion of the rishonium and Sif Allah.
• 7:02
  Here he mentions another opinion that the the ikr factor that
• 7:08
  makes the terminating factor that makes Ashkantha the Surah
• 7:11
  mutter is not where you collect the money from, but where the
• 7:15
  akhrayas resides. Who's ultimately responsible?
• 7:19
  Is it the malva or the lova? It's a subtle difference.
• 7:22
  But here there is a Anaf Kamina and the Rama is meiko.
• 7:28
  Well, the Rama agrees with the show Kanara, but the Rama's more
• 7:34
  meiko by he has this extra case of a Mushkanta Dina Kaiser that
• 7:38
  we mentioned. He's more meiko for that.
• 7:40
  But on that the Rama, if you look in olive on that the Rama
• 7:44
  is Mahmir, like the second Yesh Misha Ozer.
• 7:47
  OK, So look into it if it comes your way.
• 7:52
  Let's let's let's continue Haga call Mashkanta Ana Nifte
• 7:59
  Lekhatzai. Now here are the Shah deletes
• 8:02
  the words Ana to Taltz. So Sophra he writes.
• 8:06
  So let's read it according to the Shah call Mashkanta Nifte
• 8:10
  Lekhatzai the he could redeem. In other words, he could start
• 8:16
  to pay back or he could partially redeem.
• 8:22
  The Lova can start to pay back and partially redeem his
• 8:26
  Mushkanta disura. However, imhevi Lok satima ottav
• 8:33
  a mava al peroza Ajit in a coulomb.
• 8:37
  What this means is that they had an agreement.
• 8:41
  Here's your loan. I let the Malva lent him
• 8:43
  whatever $1000 and he gets to use this house and now somewhere
• 8:47
  for a year somewhere and then the at the end of the year it'll
• 8:51
  be worth it for the Malva. During the year, the Lova
• 8:55
  decides to pay back half the loan.
• 9:01
  So it's fine, you can take back half the loan, but the Malva
• 9:07
  still gets to use all the payrolls, the house, or the all
• 9:11
  the fruit that comes from the entire field until all of the
• 9:15
  money is paid back because that was the agreement.
• 9:18
  There was no agreement for to pay back half and stop the
• 9:22
  Mushkanta Desura halfway in the middle.
• 9:24
  Of course, if that then it was, then it was.
• 9:26
  But if it wasn't agreed upon, it was.
• 9:28
  It was. It was a mecher for one year and
• 9:32
  right in our in our example, whatever the case is, Mushkanta
• 9:36
  Desura has a define time where the Malvik can use it and you
• 9:40
  can't take that away from him unless you pay back the entire
• 9:44
  loan. We this we mentioned earlier,
• 9:52
  the only time we say that all these cases on Mushkantas are no
• 9:56
  problem. It's smutter is when you give
• 9:57
  over the Mushkantas from the very beginning and then it's
• 10:01
  looked at as a Mushkurus. Right when you rent something,
• 10:04
  you get your item right away. If you make a regular loan and
• 10:08
  then you try and add this Mushkanta later.
• 10:11
  So then it's looked upon as is probably evac Ribis, but it's
• 10:17
  awesome about even not in a little bit Cove call them
• 10:20
  awesome. But if there was a Cove and
• 10:22
  you're trying to pay it off, it's too late.
• 10:25
  You must do mushkan to stop. OK, now let's say you have a
• 10:29
  normal you make a Mushkan to and you don't specify so and you
• 10:33
  didn't explain what kind of a Mushkan to it is which case.
• 10:39
  So then as we don't batter Minagaier, you go after whatever
• 10:43
  the normal minagais and we assume that's what that's what
• 10:45
  you both agreed upon and that's how it goes the the and we see
• 10:58
  more over there. Basically, you go after the
• 11:00
  minag and I don't know, the shock just says Saraki and I'm
• 11:05
  going after the minag. But we'll that's suffices for
• 11:10
  for us. Let's get to Dalit.
• 11:13
  OK, new case, separate case. We're not talking about much.
• 11:18
  Gone to the store right now. Have a mash, can buy it.
• 11:22
  O Sadeb Yad Chavera, 2 Jews and he gives a alone.
• 11:27
  There's a lobe and a malvet and there's a mash con, a regular
• 11:31
  mash con. He's not using the mash con.
• 11:33
  It's just pure collateral. You're not using it.
• 11:35
  So he gives it over to him. The lobe is going to give it to
• 11:39
  the Malva, the hayaba al akharqa al pero teyum, right?
• 11:45
  This is for sure not muskante de soil.
• 11:47
  Here the lobe gave him the field as a or a right house or a field
• 11:53
  as a muskante. So that if he doesn't pay off
• 11:56
  the loan now the, the the Malva has something exactly like a
• 12:01
  regular lien. Very, very good.
• 12:03
  However, the lean is not on the fruit, it's on the land.
• 12:09
  So in our case, now it's a new, a new case completely breaking
• 12:13
  off from the first 3. So you think, right, And the
• 12:18
  Lova is the one who benefits from the produce.
• 12:21
  He's allowed to use it, the Almer Aloha Malva.
• 12:24
  And the Malva tells him right when they make this agreement,
• 12:30
  like a shatim kor carcaszo lotin karenno El Ali, but damim alo.
• 12:37
  So the Malva says, listen, I'm lending you $1000 and I need
• 12:41
  some, I need a lien, I need some kind of guarantee.
• 12:44
  So he gives him his, his field fine.
• 12:47
  But then the Malva tells him, listen, I'm giving you the loan
• 12:50
  for 1000. That whatever it is on the
• 12:52
  condition that if you sell the land, you sell it to me for the
• 12:59
  $1000 and the land is not worth, no, the land is worth more than
• 13:04
  $1000. In other words, the Malva's
• 13:07
  getting a, a discount. He's giving him a loan.
• 13:13
  Really the case is, we'll say it over again, it's the same thing.
• 13:18
  The Malva is give lending money on the condition that on this
• 13:23
  piece of land, if he sells it, he's going to get a discount.
• 13:28
  You get a disc, right? So obviously you're, you're
• 13:30
  benefiting from this loan financially by getting a
• 13:34
  discount if the the low vet wants to sell his land and if he
• 13:40
  wants to sell him, sell him the land.
• 13:41
  The Malva has the first rights at a discounted price.
• 13:45
  That's us, Sir, because you're benefiting.
• 13:50
  OK, fine. You're benefiting financially by
• 13:56
  having it less. Let's see, let's keep reading.
• 14:02
  Aval in Amarillo. What if the Malva tells them
• 14:05
  hold on, Alton Crinoli Bischelviah, I I understand you
• 14:13
  deserve to get paid in full. Whatever.
• 14:15
  You could sell it on the fair market value, that's fine.
• 14:18
  But I want first rights. If you're going to sell it, you
• 14:21
  have to sell it to me first. And I'm going to pay full price
• 14:24
  the Almanac cane and that's the condition on giving you the
• 14:29
  loan. It's us for you not to to renege
• 14:31
  on our deal. Hari zomotor zomotor le
• 14:35
  chadquila it's 100% mature. Now just to point out, we
• 14:42
  learned earlier in Kop samer sivkaf Gemo that part of Ribis
• 14:49
  can also be, it could be financial.
• 14:53
  It could also be where there's you're going to gain something
• 14:57
  called Tovos Tovas Hatovas Hana, where you're getting some kind
• 15:02
  of benefits. We learned like let's say you
• 15:05
  say I'm lending you the money on the condition that you're going
• 15:09
  to go do something for me. And that's the condition.
• 15:12
  So you know, he has to do something for you.
• 15:15
  That's that's also us, Sir. So but that's different in this
• 15:22
  case. And the key one is Tovasana us,
• 15:25
  Sir. It's when you're getting
• 15:27
  something extra for free or you're or you're getting
• 15:32
  something you're not paying for because of the loan.
• 15:35
  In that case, it's because you said I'm lending you to the car
• 15:39
  on the condition that now you're going to go do me a service.
• 15:42
  Well, normally you'd have to pay someone for that service
• 15:45
  theoretically, but even if you don't have to pay someone, he's
• 15:48
  doing you something that you were not getting.
• 15:51
  You're getting a benefit. In the case over here, there's
• 15:54
  two reasons why I think that's the time, whatever.
• 15:57
  There's two reasons why that are given, why it's Smutter.
• 16:03
  Number one, you're paying equal full value.
• 16:07
  You're not getting a single benefit more.
• 16:11
  It's true you're getting first rights, but that's it's but
• 16:15
  there's no real value. There's no extra.
• 16:20
  No one else would have paid a penny more than you're paying.
• 16:22
  You're paying the full amount. It's true.
• 16:25
  You're front and you're first in line to sell it, but there's
• 16:28
  nothing extra that you're benefiting and that's Mata
• 16:31
  Lakatila according to the post. And the other reason why it's
• 16:35
  also Mata is because it's only a possible that it's going to get
• 16:39
  sold. It's not for sure going to get
• 16:41
  sold. He might not sell to you.
• 16:44
  So therefore, when it's equal value, it's Mata and the whole
• 16:50
  case, the worst case scenario when we said it's us or for a
• 16:53
  discount in the first half of the halacha, just to point out
• 16:56
  it's could only be at maximum. Well it is, but it's only avak
• 17:00
  ribis. It's aser and it's only aser but
• 17:03
  avak ribis mederabanan because the expression in the in the
• 17:08
  Gemara Khazal is Saad Ekhar. Whenever you have ribis, but
• 17:12
  Saad Ekhad it's only mederabanan.
• 17:15
  What does Saad ekhad mean? It says in the Gemara, it means
• 17:19
  it's an expression on one side. It means maybe, maybe it's going
• 17:23
  to happen, maybe it'll happen, maybe it won't happen.
• 17:26
  But I mean Kaka, I mean Kaka Mitzad Eckhart, he might sell it
• 17:30
  to you. Mitzad Shaney, he's never going
• 17:33
  to sell it. So that case never is going to
• 17:35
  even happen any time where it's just an but it means any time
• 17:40
  where it may or may not happen, right Ribis could only be Ribis
• 17:44
  suit says when it's you agreed on something and for sure it's
• 17:47
  going to happen. That's what you agreed upon.
• 17:49
  You might not know the exact profit amount, but the exact it
• 17:54
  could still be Ribis excuse. So but the exact agreement is
• 17:57
  clear and set out and it's for sure going to happen anytime
• 18:02
  it's a possibility depending on what the guy feels like in the
• 18:05
  future. That's always going to be only
• 18:08
  avac Ribis. OK, the price changes well, you
• 18:17
  you have to pay whatever it's worth at when it when it comes
• 18:21
  time to being sold. If you agree to a price right
• 18:25
  now and then it changes later. It's a discussion believe I
• 18:31
  believe it's usser because it has to be the fair price.
• 18:36
  It can't be at a discount, but it but it's a discussion if it's
• 18:40
  agreed upon, if it's a fair price right now and they agree
• 18:44
  upon it. Sarah here it's it is discussed.
• 18:48
  I'm not sure if there's a A1 answer to that one.
• 18:52
  What about the Balmetza? Right, So the balmet, the whole
• 18:56
  point of the Balmetzar is you're you're there.
• 18:58
  It's so that's why it's Smutter. It's it's only there are Ares to
• 19:04
  offer to sell the land next to you to the your neighbor before
• 19:08
  you sell to someone else. What it's only their parents to
• 19:14
  give their parents is to give it to this guy.
• 19:16
  But my point is, yeah, why not? It's there's no the point is
• 19:20
  there's no answer because I'll clearly say that everyone is not
• 19:23
  a lot of problem if you're not getting something extra.
• 19:28
  The fact that you're first in line is not a problem similar to
• 19:32
  that case. That's the toss point set out.
• 19:34
  But OK, I think we're going to go on.
• 19:39
  And then I saw on the Silva Shalom, he writes that even if
• 19:43
  you were to most Rishoni would say the case in Dalit, even if
• 19:48
  you were to like make a tanai, either you sell it.
• 19:51
  This is just a little prat. Don't get boggled down.
• 19:53
  Even if you were to sell it on a Tanai Le Mafreya me Akshav, it's
• 19:59
  still is user because it's anyways, that's the you're still
• 20:04
  getting a discount and it's avak ribis.
• 20:07
  It looks like ribis. So therefore it will still be
• 20:09
  user. But anyway, if you got that,
• 20:11
  great. If not, let's move on.
• 20:13
  Hey, OK, yeah, I'll just point out real quick the shock again,
• 20:24
  1 little prot. The shock just points out.
• 20:27
  That even if you agreed to the price from the beginning and it
• 20:30
  doesn't go up and it's a fair price, maybe that was your case.
• 20:36
  Whenever you agree to a price, I think it's, I'm not sure if it
• 20:45
  changes or not, but he wants to say even if it's, you're going
• 20:49
  to end up paying for it. The shock is it's a comrade.
• 20:52
  Even if you pay a full price, but you agreed to the price, it
• 20:56
  could make it usser a lot because it's 100% mutter.
• 21:00
  Just the way we read the shalk Anarch is 100% accurate, and
• 21:03
  that's the halach according to the Taz and the shalk Anarch,
• 21:06
  like Aquila, just the shock, as the Kumrah says, better not to
• 21:11
  set out a price from the very beginning and just and stick and
• 21:16
  just whatever it is at the end. It is don't make any agreements
• 21:19
  in advance. All right, whatever, I don't
• 21:21
  want to. Hey, let's get this to Eve.
• 21:24
  Hey, and goy shame shakeen Khatzeroli Israel.
• 21:30
  Now you have a goy who borrowed money and gave as a Mashkaan his
• 21:34
  khatzer to Israel, the Khazer goyo mahali Israel.
• 21:37
  Ah, now why the while the Mashkaan is in the hands of the
• 21:42
  Jew, right? That's his collateral.
• 21:45
  The goy sold it without him knowing or he knew whatever, he
• 21:48
  sold it to somebody else. So it's a it's a real sell
• 21:52
  because that that khatzer belongs to the goy and he sold
• 21:55
  it. However, in the meantime, the
• 22:00
  Jew who the Malva has rights to it as as a mashkon until he gets
• 22:04
  his money back. So a nama mashkin hayab lahalos
• 22:08
  khar lisar lidar lahatzer beloskar ajiyakhsir Aloha goy
• 22:16
  ETA mahochehl akhatzir zo Shari ubushita mashkin bedinen ajita
• 22:22
  Loma OTA vistalic. So basically this is not to undo
• 22:25
  anything that we learnt. But in a in a much a case where
• 22:30
  you are using the mashka and you are you're holding, what are
• 22:33
  you're holding on to it, you're using it.
• 22:34
  Whatever the case is, you have rights for this time period that
• 22:39
  could be Mashkante dasura, whatever the case is, whatever
• 22:43
  the whatever. Oh, you're OK, OK, OK.
• 22:51
  Even if it's right, even if it's be esser, I mean, even if it's
• 22:55
  Baribus and if it would be a Jew, it'd be asser.
• 22:57
  You're right here we're talking about a goi.
• 23:00
  So even if it's not a Mushkan to this Surah and it's done in a
• 23:03
  way that's not permitted, it's ribis according to the even
• 23:08
  then, because it's months of visits with a goi anyways.
• 23:12
  The bottom line is once a person gives you a mash gun, it's
• 23:15
  yours. You don't have to give it back
• 23:17
  when you're the Malvet until you get your money back.
• 23:19
  The fact that he made some other opinion in the meantime, that's
• 23:22
  his problem and it's for the the him and the buyer to figure it
• 23:26
  out. It's not the Malvez problem and
• 23:28
  you can benefit from it. You can use it and continue
• 23:32
  getting kiluyuribis from Nagoya because that is what you're
• 23:35
  doing. The fact that he sold it, he
• 23:38
  cannot take it away from you until it's paid back.
• 23:40
  Fine, very good. Let's finish.
• 23:43
  Maybe let's just do the valve. So here you gave your house.
• 23:54
  It's a little bit in ruins. It's needs some repair and you
• 23:57
  gave it to your friend. He can use it and he can the
• 24:04
  your friend. What you saw this so the guy
• 24:09
  sorry your friend Jewish friend, he even asked he has to shell
• 24:14
  out money to fix the house. That's fine and he can stay in
• 24:19
  the house until he get recoups all of his expenses.
• 24:26
  Even when you're giving it to him at a discounted rate.
• 24:29
  The E was it's considered a even though really when the house is
• 24:37
  all fixed up, it would be worth 3 Zehuvim a year and he's and
• 24:43
  he's only paying you the price of 1 Zehuva year.
• 24:46
  It's mutter he's fixed it for you so that's his that's his
• 24:50
  profit he's a contractor Qablan, whatever is he deserves it.
• 24:55
  OK. And it's considered the taz
• 24:58
  compares this that this is like a we call this similar to the
• 25:01
  case of a Mashkanta desura. And that's why because he has
• 25:05
  total, he's able to use it and he and he gets paid back through
• 25:10
  the house and he never has to pay back.
• 25:15
  He never has to pay back the malva in his broken state.
• 25:21
  It's it's worth one zone. OK, So we're saying just to
• 25:26
  clarify, the keilu, the one who is fixing up the house is the
• 25:31
  malva because he's shelling out the money for the owner of the
• 25:35
  house who's considered like the lova and the and let's say in
• 25:40
  the case here, let's say it's after it's fixed up, it should
• 25:44
  cost 3 zehovim a year for rent. So he's allowed to get a
• 25:48
  discounted rate. And instead of staying there for
• 25:51
  one year, he gets to stay there for three years in this example,
• 25:55
  because he's getting paid whatever the agreement is, it
• 25:58
  could be 4 years, it could be two years.
• 25:59
  It doesn't matter what it is. But in the case of the
• 26:01
  Shulkanark, it's even if it's three to one, that's just it's
• 26:06
  his example. OK, Hagar.
• 26:09
  Now the lova mutter latte Hamas when I said the Shahishkin
• 26:13
  Madera Hamas Maot only when it's coming here, The lova is allowed
• 26:22
  to is the lova is the bar is the one who's owns the property.
• 26:27
  He's allowed to pay the mass if it's from cash.
• 26:30
  I'm going to explain about Imnot Niyomas Miya Perot has said
• 26:34
  that, but if you're paying for mas taxes that are based on the
• 26:38
  fruit, Kagon Chinnotly and Khelak Mina Perot have gazillion
• 26:42
  based on how much fruit has grown.
• 26:44
  That's us. So let me just explain one SEC
• 26:47
  according to the shock because he writes the Rama is a little
• 26:49
  difficult to read. He says basically whenever
• 26:53
  there's a tax that's based on the property, then the owner,
• 26:59
  the lova pays for it. Whenever there's a tax that's
• 27:04
  based on the produce that's grown from the land, how much
• 27:08
  produce has grown, so that's in the hands of the Malva visit
• 27:12
  Samashkaran in his hands. And so that it's us or for the
• 27:15
  Lova to pay, only the the Malva has to pay.
• 27:18
  OK, Misha hishkin buy a chaino shaloa.
• 27:21
  If a person has a using collateral, a house that's not
• 27:25
  his, like he's holding on to a house that's not his and he he
• 27:32
  gives it over to someone else as Amashkon.
• 27:35
  Let's keep reading Ubabalabait and the owner of the house
• 27:40
  Vahodzi Abayit Vahodzi Abayit Shalom in Amalva and he kicks
• 27:44
  him out. In other words, Belova handed
• 27:47
  over Amalva Amashkon a house. Normally they'll to do that the
• 27:53
  lova has to own the house, but he used someone else's house.
• 27:56
  However he got, however he got the rights, whatever it is
• 28:00
  illegally, whatever it is, he gave it to him and now the
• 28:03
  balabait has the right to take that house back from him.
• 28:07
  That's his house, right? If that's the case, again,
• 28:11
  whatever the kosher meshbat case is, but in this situation he had
• 28:15
  the right to take back his house.
• 28:17
  Rehotia by Chelomino Malve, the Hutzra Hamal Villa Tates Karla
• 28:23
  Ballad by Shidarbo and based on Dini Maminus the In this
• 28:28
  specific case, let's not get bogged down.
• 28:31
  We just want to focus on the ribbis part.
• 28:33
  The Malva in this case had to back pay rent for all the time
• 28:37
  he was there because it it was it was he was in that house
• 28:41
  illegally. The the Lova gave it to him.
• 28:43
  Malva didn't know or whatever the case is, the Malva now has
• 28:46
  to go back and pay him whatever he proves that he was there for.
• 28:50
  And halovet sorry, Klahzir Loma OTA of the Malva now the the
• 28:55
  Lova still so now, but the Lova gave it to the Mulva on this
• 29:02
  condition to use the mashko. So now the Lova is responsible
• 29:08
  to pay back the Mulva, the Maota that's the Karen everything that
• 29:12
  he took initially for right. Of course he has to pay back the
• 29:16
  Mulva, but he also has to pay back all the scar that the Mulva
• 29:21
  had to pay to the real owner. That's a damage or whatever.
• 29:26
  He has to pay him back for that as well because that was part of
• 29:29
  the the agreement. All right, let's, let's stop.