Latest / SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day! / Yoreh De’ah 169:10-12. Interest: Lending Between Two Jews and a Non-Jew and Collateral
Transcript
- 0:02OK, good morning. We're continuing with Kuf Samer.
- 0:06We'll call it Kuf Samer tet ribis.
- 0:10Where Siif yud? That's where we left off Siif
- 0:14yud. OK, I'm just gonna real big
- 0:18Kitzer because really it's gonna come up more in the next Simon.
- 0:22But just to throw out there, there are three main types of an
- 0:26Arif and it's good to do Hazara because it's good to get it
- 0:30straight, three main types of an arev, and they're all, all of
- 0:34them are US because they're all, if they're involved in a loan
- 0:39with Ribis 1 is called an arev stum.
- 0:43That's a normal Arev, a normal guarantor.
- 0:46First you go to the Lova to collect the right, you go to the
- 0:50Malva, the lender goes to the Lova, the borrower and says give
- 0:54me back my money and the interest.
- 0:56We have a deal the but then if the Lova doesn't say I don't
- 1:01have any money, you know, even though the loan is over.
- 1:04So then you go to the guarantor to the Arif.
- 1:07That's normal Arif stuff. Arif Kablan.
- 1:12That expression is the deal is the Arif made it where the
- 1:19Malvet can go collect from either one, either one.
- 1:26It's up to them all that you can choose whoever he collects first
- 1:28right. Normally you would think you go
- 1:29to the Lova 1st and Arif Koblen makes himself a higher level of
- 1:34a guarantor and therefore the he can go collect to either one and
- 1:39the third category is an Arif. It's called a Schluf Dutz.
- 1:43Couple explanations what the expression is from I think we'll
- 1:48save it for a Khofain. It's basically but the the
- 1:52death, the right the etiology of what it comes from.
- 1:56We'll save it. But what is it?
- 1:58Halakhi? It means the Malvet only
- 2:02collects from the array from the guarantor, right?
- 2:06He doesn't have he does. He can't even go to the Lova.
- 2:08The Lova could just say I'm not I don't have to pay you back.
- 2:12He only he only goes to that array.
- 2:15OK, that's just good to have so that when we get to you, when we
- 2:20get there, it's not the first time you heard of the concepts.
- 2:23OK, so Inyud, the case is a goy Mashkan the Israel, the hovo.
- 2:32Mashkan Mishkan. OK, thank you.
- 2:35Goyesh and Mishkin the Israel, the hovo.
- 2:39So the case is the goy is a the goy is the malva.
- 2:45OK, that's important to get straight.
- 2:46It's a little hard to read in the words.
- 2:48I mean to at first glance, the goy is the, is the malve, the
- 2:55then there's two Jews over here, the Israel.
- 2:58The first Israel is the Lova. He borrows money and now the
- 3:03guy, he comes and he takes the against the will.
- 3:09He grabs the mashkon from the from the Lova.
- 3:18He just takes it. So now it's a little bit of a
- 3:21dazzling and that's not it's not OK, but that's what he does.
- 3:25And then Umash Umashkin, Hagoy, Otto Mashkin, he sell very beat.
- 3:31And then the same the goy who's the Malvan took the mashkin.
- 3:37Now he's after he lent out the money, he realizes, well, now he
- 3:40needs money again or he wants more money.
- 3:42So now he goes to a second Jew, a second Jew and he borrows
- 3:48money and now he's paying he's so he right.
- 3:51The first Jew he was lending on Ribis and now he's borrowing
- 3:55money. I mean, if there was Ribis or
- 3:57not in the first case is not really the main issue.
- 3:59The main issue is the second Jew.
- 4:02He's borrowing money with Ribis and he gives this Moshkin that
- 4:07he took from the first Jew against his will and he took
- 4:10this Moshkin and put it in the hands of the second Moshkin to
- 4:14the second Jew. And that's how he was able to to
- 4:18get this loan because the second Jew wasn't going to give her
- 4:21money as a loan without some kind of a mushroom, something
- 4:25collateral. So I'm sorry.
- 4:30Anything else you want to point out?
- 4:36Right. So what happens over here?
- 4:39Asur Lee Imayiser Al Podeo. Now the Jew, the first Jew, it's
- 4:46his object, the mashkun. It was originally his, it is
- 4:49his, and he wants it back. So now he wants to go to this.
- 4:54He finds out about the second Jew and he says, can I have my
- 4:58mashkun back please? It's mine.
- 5:01The second Jew says sure, but you have to pay me for it.
- 5:04So what happens, Asur? Now the Isur is really just an
- 5:10Isur Mederabanan, It's Shlihus Lakhumra.
- 5:14Because really all the dealings of Ribis was always directly
- 5:18from Jew to goy and Goyda Jew. It was not really from Jew to
- 5:22Jew. So everything.
- 5:24And he's not really acting as a Shlihus, as a shliach, but it's
- 5:29Shihus Lakhumra. So it is the Alaka, the
- 5:32certainly Lakhadkila and the remote we learned in the
- 5:39previous SI eve where he says there are some were a Mikkel in
- 5:43this case and that's what the shock points out in Kafbaf.
- 5:48OK. And it just happens to be This
- 5:52is why I mentioned in the beginning, it's a Mahoka.
- 5:54So we've shown him how to understand the case.
- 5:57That's us Sir. Do we look at it again, it's a
- 5:59Homer. Do we look at it as a do we look
- 6:02at it the case of the Jew to another as a lova or an Aref
- 6:07kablan? But OK, that's just a side
- 6:10issue. So let's go on.
- 6:13So we're understanding this is a khumra midora Bannan, but that's
- 6:16the halacha at least the khakila.
- 6:19So it's aser likak nimenu ribit. So now you're allowed to, you're
- 6:25allowed to the Jew is certainly allowed.
- 6:28The first Jew, it's his mashkun, was basically stolen from him.
- 6:32He certainly can demand that the second Jew give it to him.
- 6:36The question is, does he have to pay him only the Karen or also
- 6:40the repeat that was promised from the goy to the second Jew?
- 6:45Question is when he wants to get back as much the first one, does
- 6:49he have to pay the repeat of the of the goy?
- 6:53So let's read. So he said it's us.
- 6:58Yeah, it's I'm not going to understand.
- 7:01Ask, please ask me after. It's going to take me a while to
- 7:03help. What you're what you're saying
- 7:05I'm a little bit slow. It's hard enough to to read the
- 7:07words inside. OK, so it's also the Kakumenu
- 7:10repeat. So as you're not allowed, you're
- 7:12not allowed. The second Jew is not allowed to
- 7:15take repeat from the first Jew. However, now again, this is all
- 7:21Le Khadhila or maybe Bidyevit, at least according to the
- 7:24shalkhanarath. But this is Ali Khumra, I mean
- 7:27der Abano that we keep right. The cases I think start in the
- 7:31Rishoni, this Ribis case in this, in this.
- 7:36If the case that we created over here is only Ribis der Abano
- 7:45because it was really done between a goy and a Jew.
- 7:48The good Jew is just coming to get his mashkun back.
- 7:51There was never ribis kutsa whatsoever.
- 7:55For this, how would it be considered that that it's the
- 7:58LOA? Because.
- 7:59The first. 2 would be considered an audit.
- 8:02So we're saying the first Jew, it's just a technicality.
- 8:09You want to call him an Aravanalova, but he's he's hand.
- 8:13How is? It not.
- 8:15How is it not? What do you mean it's actually
- 8:18difficult to be rivas doraisa? Rivas Doraisa is before the loan
- 8:22is given, we establish that it's a Jew to a Jew for how much the
- 8:31the two Jews were never never knew each other when the first
- 8:33loan was started. There was never a first Jew.
- 8:39There's just a Jew. So if a if a Jew, no, I'm not
- 8:42changing. The case I'm talking in this
- 8:43case, right? A guy borrows money from a Jew
- 8:45and, and and goes and and set up and he'll pay him.
- 8:48He'll pay. Him right, that's the basically
- 8:50the case I want to pay off. The guy's loan, can he pay?
- 8:52The Can he pay? The there's no Esther there Isa
- 8:58between two Jews, unless these two Jews started the loan
- 9:02together, it's always going to be Darabani.
- 9:07And and then the question is, do we say there's there's
- 9:10Schlieglis or not? But anyway, so that's certainly
- 9:16the Humrol we say there is. OK, So here, in order, you want
- 9:21to get your object back. And he's the other guy.
- 9:24He's demanding a certain amount for it.
- 9:26I mean, dare I say you're just giving him money for your
- 9:30Mushkom? OK, now he can demand money
- 9:36back. You know, we're not going to get
- 9:38into the whole Khoshin Mishba too much.
- 9:40But really he's hired to give it to you.
- 9:42Just you know, how much and who's responsible to pay to pay
- 9:45for it. That's a separate Sergio.
- 9:46But at the end of the day, you want to get it back, you have to
- 9:50pay the guys making you pay with, with, with ribis.
- 9:53So that's the question. So first we said no.
- 9:56However, it's the now again, it's, it's, it's not 100%
- 10:05mukhraq, but the couple, there's a couple cool as they were about
- 10:08to say. And that's the halacha because
- 10:12it's the question is, do we say they're schlihos or not?
- 10:15The Imakhyutakov very beat Ino al hamash kundabad al a gam al
- 10:20hagoy mutter. So we don't if the the only way
- 10:25to get your money back is through the mash con and that's
- 10:28what the first Jew is collecting from the second Jew.
- 10:31So the whole loan is completely dependent upon this mash con and
- 10:36now he's paying rebate on it. So we say it looks like you're a
- 10:41Shalia and therefore and you, you took the place of the goy
- 10:47and now as you want to pay repeat through the mashkon.
- 10:50So then we say it's a problem. We say it's Asar mederabana.
- 10:53But if the, the responsibility to pay the loan back is
- 11:03regardless of the mashkon, the mashkon is just there to make,
- 11:07you know, between the first Jew and the goy, just to make the
- 11:10goy feel better. He'll never just just in case he
- 11:13never sees the money. OK.
- 11:16Or actually it's really, I'm sorry, it's really between the
- 11:192nd 2:00 because that's what we're really concerned about the
- 11:22loan between the second Jew and the GOI.
- 11:25If regardless what happens to this mash gun, the GOI is higher
- 11:31to pay back the loan and the interest and there's nothing to
- 11:34do with the mash gun. The mash gun is just to help as
- 11:37a as protection if he doesn't pay you back.
- 11:42But even if the moshkon disappears, he still has to pay
- 11:45back the loan. So as long as they're they're as
- 11:50long as it's part of the responsibility is on the go
- 11:54himself to pay it back. So then it's mutter because then
- 11:59it's not 100% through the loan again, it's partial, but it's
- 12:04not on. It's not the same level and
- 12:06therefore it we're not. So we say it's OK.
- 12:08Vahen IMA yisra mushkan Loya dasha goy mashkin rozelle
- 12:14emotional biad Israel mutter la kabala Cairn verybeat miyad ah
- 12:20Israel. The other thing is when the I
- 12:28believe it's referring to the first when the goit took the
- 12:31mashkun, he goes into his property, takes the mashkun from
- 12:35the original, the first Jew. At that time, the Jews had no
- 12:40idea that the guy was thinking maybe I'm going to use this
- 12:44because really why the mush why the guy lent him the money and
- 12:47then later he comes back a week later and he grabs an item.
- 12:50Why is he doing that? Because the guy needs money now.
- 12:52He lent the money, but now he needs more money back and the
- 12:55guy is not ready to pay him back or he's not paying him back.
- 12:58So he needs a way to find to get a second loan.
- 13:01But if the first with the first Jew knew that the guy took the
- 13:06mush going in order to to make to get another lone Barabbas,
- 13:10that's when we say there's this sleekless Lahoma Durabanam.
- 13:15But if the first Jew never knew about it, so then we say you
- 13:18don't look like a Shuliac. You didn't know you were Kiilu
- 13:21becoming a Shuliac. You had nothing to do with it.
- 13:24It's just a whole separate brand new transaction between the guy
- 13:26in the the second Jew and therefore it happens to be
- 13:30mutter. OK, that's the that's the way
- 13:35the halacha was set up. OK, Haga, so that works.
- 13:38That would. Mean that Yeah, very simple
- 13:41case. Goy borrows money.
- 13:44From the Jew goy borrows money from a Jew and.
- 13:46Then a different Jew comes along and says I'm gonna pay off this
- 13:51this guy's loan. Nothing was.
- 13:58Set up in the event. I mean, now it pays a liquidity.
- 14:02Is that? I don't know.
- 14:02Let me think about it. Yeah, Let's ask him.
- 14:07After Hagar Israel. Shekhayev Lagoi kov al repeats.
- 14:14Maybe this is your case. You sell Shekhayev Lagoi.
- 14:18No. So a Jew borrows money and now
- 14:23he has Hayev money with Ribis to the goy.
- 14:28OK. The Jew borrows from Migoy and
- 14:31now he owes Ribis to the goy, The Hagoy, and now the goy comes
- 14:39along and he sells this IOU notes which includes which,
- 14:44which is the Karen and then there's going to be Ribis
- 14:49afterwards. For the time the Taz points out
- 14:53any Ribis until now is the mutter to to take.
- 14:59We're going to keep reading, but I'm just throwing that in there.
- 15:02It's any ribis that's acquired after he sells the Cove, because
- 15:07before the Cove and before the guy sells it to another Jew,
- 15:13it's all mutter ribis. And really what he's doing is
- 15:16just selling the Karen becomes bigger for all tents and
- 15:21purposes. There's no, there's no ribis
- 15:23between. The only problem is with the
- 15:26Ribis that's afterwards, OK everything before just look at
- 15:30it as a bigger brand new, bigger Karen.
- 15:32So fine, the future Ribis is what I mean, IEM hagoi Makabola
- 15:44Ribis, the national Hassani and mutter if it's done in a way
- 15:49where he sells the Cove to another Jew and the goy, it's
- 15:57the goy's responsibility. And he's, he's allowed to
- 16:00continue taking ribis from the first Jew.
- 16:04And if the goy tells the other Jew don't the new Jew, don't
- 16:09worry, I'm going to give you extra ribis because I'm going to
- 16:11keep on collecting from the I'm going to give you ribis because
- 16:14I'm going to keep collecting from the Jew.
- 16:17And between them, the new Jew, the second Jew and the goy, they
- 16:21say they agree to it then. But the first Jew has nothing to
- 16:27do with the second Jew. He's only paying ribbits to the
- 16:30goy. So that's what the avao aserli
- 16:34yiser al hashini al kablo miyada rishon rishon Homer rebeat.
- 16:38But any new ribbis that builds up after the sale, the one Jew
- 16:44cannot pay that ribbis directly to the other Jew.
- 16:47OK, hope that was clear. Let's do Yidala in mieser al
- 16:53Hashmashkanala goy lilvos all of baribis la Osmo.
- 16:58OK, just in short, I'm going to tell you basically my
- 17:02understanding is Yud and Yudalif is basically the same, but the
- 17:06main difference is in Yud the Goi took the Mashgun against as
- 17:11well. And you see that in the Shah, in
- 17:14particular, Kafav and Kafka, if the but in the case of Yudalif,
- 17:22the the the Jew gave the Mashkun willingly with the Kenyan and he
- 17:29basically became the the goy, the who's the logo and he can
- 17:35use it for whatever he wants. In the meantime, they made him
- 17:39like a Kenyan so he can use it. OK, Umashko hagoi mutterly Sir
- 17:45la havoc lagoi. I love Baribis.
- 17:49So now it's there's no problem whatsoever for the goy to take
- 17:53this mash gun, which kilu is his.
- 17:56He's supposed to give it back, but it's it's considered his for
- 17:59now. He can take it and now give it
- 18:02to another Jew to borrow more money, right?
- 18:05He lent out money to the first Jew.
- 18:07Then he goes to another Jew, he gives him the mash gun and he
- 18:10wants to take a new loan. But Philo halakhla goyu perea
- 18:16yisahabala mash gun Karen, the ribis mutter and it's mutter we
- 18:23don't. And and now the second Jew, the
- 18:24first Jew, when he goes to the second Jew to Co collect this
- 18:28moshkam that you know, it seems like there's a little bit of a
- 18:30default over here and it's he's never going to.
- 18:32He's not the first Jews. Never is going to is not going
- 18:35to get his moshkam back from the goy, but he wants it back.
- 18:38So he goes to the second Jew. He's allowed to pay him off with
- 18:42Ribis because this first Jew and the second Jew, there's nothing
- 18:48between them. It's as if he's just it's like a
- 18:51regular sale, a new makhira from from Makhatila.
- 18:55It's not he's not looked since it wasn't it wasn't his Mashiko
- 18:59and he gave it away to the goy. It's not look like he's a Shalia
- 19:03now coming to OK with the loan. This looks like a brand new.
- 19:10We look at it as a brand new purchase.
- 19:13Fine, so it depends. The first case was I think you
- 19:20would call that a one off with the Schlico Sukhoma.
- 19:22I don't know Haga of all you call Lisko lagoi mashkun aye de
- 19:28Aker le man de Amar. Oh, what did I say?
- 19:33What is that code? That's the code.
- 19:34Lagoi mashkun aye de Aker le man de Amar.
- 19:37All right, so that's a whole nother sigir.
- 19:41If you if you can use somebody else to be Zolka for or Mizaka
- 19:47to a with a Goi for a Goi or you have to do it directly from the
- 19:51the Jew to the Goi. So if you hold you can't.
- 19:54So then make sure you don't do it indirectly.
- 19:58OK, it's just well, caveat there.
- 20:00The IE ma Goi Anas the inner Rosa lifts out Hamashgun
- 20:04Ulhasira Labala. Now if the Goi takes the Mashgun
- 20:09and he doesn't want to return it.
- 20:12Sari khisa hamavali tin lifter tamashko Mabelov have Hagoy ke
- 20:19gazlan Shihishki. I believe this is going more or
- 20:22less on Yud. You see, if if you ever have a
- 20:26case where he's basically steals it, he goes against the will.
- 20:30So then the second Jew really has an obligation to allow the
- 20:33first Jew to to purchase it back.
- 20:36And then this, the question is, is you allowed to charge Ribbus
- 20:39or not avaal? But that's a secondary issue.
- 20:43Avaal Eno Anas if he doesn't do it against his will, If you call
- 20:48Bala Moscow lagoi lifto chilo, you call yourself hamal vello
- 20:55marlo la Bal devarian didiat. I think he's saying you can't
- 21:03force him because he could. The second Jew can say I have
- 21:05nothing to I have nothing to do with you.
- 21:08You'd on it was your will. You made a Kenyan a deal with
- 21:13the Goi with the Mashiko. Yep.
- 21:21So the second Jewess is I don't know.
- 21:23You made a deal with him and I made a deal with the Goi.
- 21:27You have any issues, go to the Goi, the IM ha Goi Anas the ILU
- 21:32hayabal liftoto hayat srikuma tetlo below, repeat sari khatet
- 21:37gum la Bala mashgun below, repeat.
- 21:40Now if the if there was a way to redeem the mashgun back from the
- 21:49goy without paying the Rebus, so then when you go to redeem it
- 21:53from the Jew, you don't have to pay.
- 21:56You don't have to pay Rebus. Not exactly sure, but let's go
- 22:00on. Goy Shihishkin Mashhconi Israel
- 22:04Zev Hazar Hagoyu Mahali Israel Akar Kishaba Israel leftoto
- 22:10sariki teen Lamalva Karen Verybeat.
- 22:14So again, this seems to be similar to what we said before
- 22:21that once it's done in a permitted way.
- 22:26And there's Kila Kenyon, I guess if there's a permitted way and
- 22:34he sells it. So then as long as there, you
- 22:37know, it doesn't look like you're a Shalia, there's a
- 22:40Kenyan. And then the goy is has a
- 22:43separate transaction or a deal with each Jew separately.
- 22:47It's OK. OK, let's just do you the bet
- 22:51Yisrael. Now we're going to call the
- 22:54first Yisrael Shimon, Shimon shihelva la goy beribeat al
- 23:00mashkon. So the Shimon lends money, he's
- 23:04the malva, and he gets a mashkon from the goy.
- 23:08Vihar ka Amar alay teina mashkon, the reuven.
- 23:12And then what happens? The malva wants to collect his
- 23:14money, but the goy says I don't have money, I can't pay you back
- 23:19right now. So I tell you what, take the
- 23:22mashkon, give it to Reuven and Reuven will lend you money.
- 23:27OK, So our taina mashka nuruva. And the guy says take my mashka
- 23:30and that you have give it to Ruben's going to give you the
- 23:34money. And so that's what happened, not
- 23:38on a mashka and Ruben. So he gives the mashka nuruva,
- 23:43basically he's giving it over to him.
- 23:45Vera uvin Ek vamas biado akar Mahira Tamashka.
- 23:50So basically it's like a transaction.
- 23:52He sells it, sells it. Now the mashkun is not in
- 23:55Shimon's possession now. Now he's giving it to Uvain.
- 23:59Reuven's supposed to pay him. And then there's a little issue
- 24:02between Reuven and the goy, but that's their issues.
- 24:05So what happens? You gave the mashkun to Uvain.
- 24:09Reuven's supposed to give you the money right now, but after
- 24:12Uvain takes your mashkun, he's going to use it now.
- 24:16Then he says I tricked you. I don't have any money right now
- 24:18either, and Ruben says come back to me in a week, in a month, in
- 24:22a year, whatever. He pushes him off.
- 24:24So now the you Sir Al Shimon, who's the the Malvet doesn't
- 24:29have his money and doesn't have his mash gun and he basically
- 24:32now there's he lent out both. So what happens the Malvet,
- 24:37which is Shimon Toveya repeat Atchievi maota viado.
- 24:42So now Shimon says, you know what, from now on Reuven you owe
- 24:46me. Repeat now for all this time
- 24:48that I'm waiting for you, the Hagoy, Eno Rotse, Litaine, Yuter
- 24:54and the GOY is not going to want to pay the rebate because Ruben
- 25:01has the mash gun, Yahoo ha malve, Lito Kohar, repeat.
- 25:06So really though, the Malvet is allowed to take all of the
- 25:10repeat on this, right? This, this extra time, he's
- 25:14waiting to get his money back. That's what we call Agar nattar
- 25:18hamtana. You're just waiting to get your
- 25:20money back. So it's ribis darabanan.
- 25:23You're allowed to collect that, but not from the Jew, from the
- 25:28goy. If you collect it from the
- 25:29rouven, that would be ribis darabanan.
- 25:32You're allowed to collect it from the goy because you had an
- 25:35arrangement, you really made a loan with the goy and the goy is
- 25:38allowed to to pay the ribis. There's no problem.
- 25:41Vima Goya khofa trubin la FRA rebeat bishwil Shi Ike manafka
- 25:47le Mina. And then right we should.
- 25:51We don't care about that. Now Reuven and Shimon have no
- 25:54issues. They don't have nothing to do
- 25:55with each other, nothing. And it's all but it's two
- 25:59separate transactions. The goy is going to give rebeat
- 26:02to Shimon, and now and then the goy is going to chase Ruven to
- 26:07get his rebeat. And then everyone's in good
- 26:09standing and everyone are friends.