Latest / SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day! / Yoreh De’ah 166:2-167:1. Interest: Lender Not Living In Borrower's Property During the Loan, Reduction of Repayment; Loan Vs. Investment
Transcript
- 0:04Yeah, OK, good morning. We are in Simon Kusamakov up to
- 0:09sit Bays Amarley, Helveini, Vidora Kateri.
- 0:13Now, if someone says, listen, you know, you lend me money, you
- 0:16can stay in my, you know, you can stay in my house, E Kaimala
- 0:20Agra, if it's a place which you can be normally rented out,
- 0:23meaning he, you know, he he rents it out, rented room,
- 0:27whatever it is. That's how much that's
- 0:31considered that it's Ulster because he's giving him extra
- 0:36even such as, OK, I'll let you give me back, you know, give me
- 0:39back an extra 200. But this is even letting him
- 0:44stay there is giving him, you know, free, free rent or is
- 0:49considered giving him something. And it's totally on Halvaney.
- 0:53He says Halvaney and I'll give it to you.
- 0:55It's part of the it's part of the the loan, the ELO Kaimala
- 1:00agro, how we evacrimus. However, if it's not Kaimala
- 1:02agro, it's just, you know, he says, listen, I'm going to wait
- 1:04for, you know, you can come stay.
- 1:06I have a room in my house. Come stay in the room of my
- 1:08house. You know, you know, it's in
- 1:11Italy. It's not a place events out.
- 1:13It's considered evacrimus because the question he's
- 1:17getting from him. So therefore it is, it's not
- 1:21straight money, but it's it's something.
- 1:23So that's considered Evacrimus. I'll go if it's knocking off.
- 1:32Yeah, if it's not more, but this is in addition, it's all in
- 1:35addition. I'll go, but stop.
- 1:38That's only if he just says that about if he says to him, listen,
- 1:45stay in my culture. You'll stay in my house, you
- 1:49know, because you lend me money. You know, I feel a little kind
- 1:53of like Agra, right, You know, because you lend me money.
- 1:57You're such a great guy here. Listen, you know, we'll stay in
- 2:00my you know, give you this for free.
- 2:02Even, you know, even though I don't usually rent it now it's
- 2:12you know, so if because if he says, you know, because you lend
- 2:19me money, you know, for the, you know, so then it's as if he's
- 2:23renting it to him right now, even though he's usually rented.
- 2:26It's key. He's making this into a rentable
- 2:28space and he is giving him something extra for free.
- 2:40It's just as opposed to the he's saying that it's like it's kids
- 2:45like the first case of the it's two options.
- 2:49It could be like the second case of Mahab or the first case, the
- 2:55first. Yeah, yeah, yeah, yeah, yeah.
- 3:00The the condition over here is that look Carmel Agra.
- 3:03But since he says it's this, this car makes it into makes it
- 3:10into Hilu doesn't make it. He makes it into Hilu.
- 3:13It's Kaimer Lagravim Helveyu Vaakras Montabajovo.
- 3:18If he lends him money and after and later on he you know, he
- 3:22says OK, leave me my money, but I'm allot I'll leave it.
- 3:26Listen, you know I don't, I don't have the money.
- 3:28But you know what, I'll let you stay in my stay in my apartment,
- 3:33you know, in the meantime. Yeah, I'll say it's only evac
- 3:42Ribis because it wasn't done at the time of the of the loan.
- 3:47The issue, I mean, that's straight Husha Yomer locating
- 3:53Bishasha Marviya close von because the question here, the
- 3:57question is when he's Marviya, when he extends a lot to listen.
- 4:02Fine. It won't collect now, is that
- 4:04considered whether it's considered a new loan?
- 4:09It's all based on the moral condition, I think, but it's a
- 4:13it's a it's a mahogas about whether it is considered a new
- 4:17loan. So therefore everybody has to be
- 4:19something which is said the Shasta loan right when they're
- 4:23when they're lending the money. So even if you didn't give the
- 4:25money, so some say that, well, he didn't give the money.
- 4:27So it's only a vacuous and some say no that since you'd be
- 4:31Marvius Van, you're you're giving him a lot of extension.
- 4:35So that is considered like a new loan and therefore it was Tutsa,
- 4:39a girl who was in behold with Shabala Adam Delo cuts us with
- 4:43Trila Ish Mahalika Zoo in he evacuate, evacuate.
- 4:50And this is the by any case of where someone gives an extension
- 4:54and well, because he gave me the extension or you know, either of
- 4:57the model says, well I'll give you an extension if you let me
- 5:00do this or the lovers says don't give me an extension.
- 5:02I'll I'll give you this or let you use my car anything like
- 5:05that, then that's going to be well, Yeah, right.
- 5:19Or evacuates give up when you have a case of it's a vacuum.
- 5:23It's some he's living in in his apartment, whatever.
- 5:27Or his house, right? Yeah.
- 5:29I mean, Shafilo in Loparo a dying.
- 5:33Some say that if he didn't pay him back yet, the Tovella leave
- 5:38it. She and Akalo Mikharova, she
- 5:40says, listen, you know what? Just, you know, you stayed there
- 5:44for free. I didn't rent it out.
- 5:45Just take it out. We'll just call it even, right?
- 5:48Loma Keenan Lee. We don't.
- 5:49Some say you don't you don't you don't you don't you don't deduct
- 5:53it. You show your name de Mancini
- 5:55and some say that you are you do deduct it.
- 6:03Well, the question is, can you force can you force the issue
- 6:06and the love will force the issue and say, listen, you took
- 6:08a look at in so therefore, you know, so therefore we're going
- 6:11to just deduct it and call it even It's the hugs in the Gemara
- 6:15Benson about the it's called the it's looking how whatever it's
- 6:22question is is just, you know, evac ribbons.
- 6:25Can we say can the guy, you know, he took it?
- 6:29He is not. It's not hard to go ahead and
- 6:30give it back to other days. Shamaya.
- 6:31So the question is here telling him, OK, this heal you took it.
- 6:35Let's just call even is that called heal you took money and
- 6:38that has to be multi money for the person who took evac
- 6:41ribbons. So saying, OK, that was your
- 6:44loan. Is that called, Is that called
- 6:48Kilo? You're taking money away from
- 6:50him because right, right. The difference is.
- 6:58That it's before you actually hand it over.
- 7:02To so now, well, no, he well he so can.
- 7:06We force it now. I assume that's the whole point
- 7:10of this. Right, right.
- 7:12The question is right, You haven't handed anything over the
- 7:14but also the question popping the bottle say, OK, you're
- 7:18right, I shouldn't have taken it, but but you still owe me
- 7:20money, right? You know, you can't just
- 7:23suddenly switch it on me. It's a it's a focus says that
- 7:30that that we pass in like the that we do.
- 7:35We do pass in like the second second and therefore and
- 7:41therefore we would be not care Misha Kibo Moss the halva me
- 7:44echoed someone who borrows money.
- 7:48We got Loman in Beno. He's a tutoring, he's rabbi.
- 7:51He's rabbi in the you know, the teacher is rabbi in the in the
- 7:57in the school, the gate or whatever.
- 7:59We got Loman in Benova hits the emo sheet in the Mishum ZE.
- 8:06So I forgot to have a nice little hotel below about.
- 8:12He says, listen, you know, pay for my transportation or you'll
- 8:16because because, because I lend you money.
- 8:18You'll you know, you'll you'll pay something materials,
- 8:22whatever it is, you'll pay extra.
- 8:24You'll pay, you'll pay for that. I forgot to have a nice little
- 8:27hotel below about even though she was Shalom and even though
- 8:31he would, he would give him money, give him the extra, you
- 8:34know, whatever the hotels are without without a without a loan
- 8:39because he's learning with his son.
- 8:40He also the mother, the the the the Rebbe.
- 8:48The Rebbe is the mother, the teacher is the mother and he
- 8:51lends the father money right now and he and he's learning with
- 8:55the with with, with, with, with his, with his son.
- 8:59So the question is now the low, the now the low is the father's
- 9:02going to give him extra hotels, transportation out of whatever
- 9:05it is, bring him up a bagel and coffee from from the store or
- 9:10whatever it is. You know, he would give it to
- 9:12him anyway because he has a connection.
- 9:14He's, you know, learning as his son.
- 9:15But still, it's sort of like the idea of Dorba Khatse, right?
- 9:18It's giving him extra Hana. So the extra even though he
- 9:21could have would have could he would have given to him anyway,
- 9:23but doesn't make a difference. I feel hockey also like Elvania
- 9:27Dorba Khatse, right? It's it's it's it's it seems to
- 9:29be it's connected connected to the Hava.
- 9:32They also feel a little kind of lagra.
- 9:34Even if it's not something that usually you would do.
- 9:37It's still also if they connected to the to the to the
- 9:39loan. But who are they in the whole
- 9:41creative? Is there any any any situation
- 9:44like that? Me in this in her mouth with
- 9:46their Matana. However, if the father gives him
- 9:51this, this extra money, Derek Matana, the mute, it's not the
- 9:59model that was the Rebbe over here said he says he you know,
- 10:03the here's money, here's gas money, right?
- 10:06Or you know, and, and the lover doesn't, you know the but the
- 10:11guy, the model says, listen, you don't have to give it to me.
- 10:13Now. The lady Shalom, though, it's
- 10:16like, it's OK, you don't have to give it to me.
- 10:19Now. Even later on, he's going to pay
- 10:23him for his transportation, let's say, or something like
- 10:26that. OK, what's going on is, is that
- 10:31we we said, OK, I'll give you news in the cases the Rebbe and
- 10:34he's paying for, he has to pay him for transport, for his
- 10:38transportation, right? OK, so we said that's that's a
- 10:41problem of Rebus. However, if he if instead of if
- 10:45it's not done but or a few meaning he, he if he when he
- 10:49gives it, he says he's like he gives he gives the the Rebbe the
- 10:54money, this extra money and the Rebbe says, listen, you know, if
- 10:59you don't have to give it to me now, keep it if you want it's
- 11:03done. So then it's been done.
- 11:04A tourist in Montana. Not that not that it's like
- 11:06either. OK, I have to give you a time to
- 11:08pay you for this, for this transportation he has.
- 11:14He has says you don't have to alone.
- 11:16The labor has a choice to take it back.
- 11:19If you show him the money, he'll yeah, you listen, I'm ready to
- 11:23pay you right. So then, then he can take that.
- 11:27He gets to put it. Yeah, he gets to put it on the
- 11:29table. Whatever you can take it because
- 11:31it's Patoras, A Matana and something he was going to give
- 11:33him anyway. You know that even if he knows
- 11:35he's going to give it to him anyway, Don't, don't give it to
- 11:37me. Now.
- 11:38You know, it's still, but it's Mataras.
- 11:42It's considered a Matana and therefore it's not meaning is a
- 11:50situation where it's it's he had he has to load.
- 11:54And like I said, no, I don't want to let you stay here.
- 11:56No, no, we agreed, right. But in the case where the case
- 12:01where you know, he refuses the guy that you know what, then
- 12:06then you know, he gives him the option.
- 12:08He has the option to to to refuse to do it.
- 12:12So whatever. So then that's then that and
- 12:15then he give and then he and then he does.
- 12:16That's not considered ribbons, Misha and the turf, the Labos
- 12:20most of the topics Malvet someone who only needs to let
- 12:26you know borrow money for the good of the Malvet.
- 12:29I really like Binet the Horbazoo said the case is the you know
- 12:36the he says there's a building. I'll build up this this house
- 12:39for you home. I should take the Ally, the
- 12:42Shalin the car and the you know the guy the guy says here the
- 12:48guy the guy the guy he hired someone to listen build this
- 12:51house and anything, any any of your anything you put out for
- 12:55it. I'll I will pay you.
- 12:57I mean so the guy building it is kilo, you know, lending you know
- 13:02it's kilo. You know you're lending him
- 13:04money because when she ain't in the guy who was telling the
- 13:08builder to build this is this. As long as they don't pay you
- 13:11Dora Machina, you could stay. You could, you built the house
- 13:14until I pay. You could just stay there.
- 13:17You can just stay there. Burkina Mutter oil, the
- 13:19Incanova. It's mutter over here because
- 13:23there's no, there's no, there's no Hova.
- 13:28I say the Tobin to Marvel. There's no real Hova over here.
- 13:32It's even though the Marvel says, even though the Marvel
- 13:34says, listen, build the house. I'll pay you back for, you know,
- 13:38I'll pay you back for whatever hotels and labor and everything
- 13:41like that. In the meantime, you can stay in
- 13:43the house. So in that situation the the
- 13:47whole thing is to tell us the the model there.
- 13:51It's just like, really, the builder should be getting paid
- 13:55incrementally every time he has. Anyone saw it's?
- 13:57Just it's easier for accounting to just give him one bill at.
- 14:00The end. Is that what we need?
- 14:01Right? Right.
- 14:01The model. Right.
- 14:02Right. Basically, the model.
- 14:03The model wants his house to be built.
- 14:05Right? The model wants his.
- 14:09The model, the model. The model.
- 14:11The guy wants someone to build a house for him, right?
- 14:15And so he says fine, he built, he says build the house and I'll
- 14:19pay you back. I'll pay you at a later point.
- 14:22Build the house and and which Stanley is fine.
- 14:25You'll have to pay someone later.
- 14:27That's the problem. That's sort of.
- 14:29But that's that's OK. It's a Mecca.
- 14:31The problem over here is he's telling, OK, I'll stay in the
- 14:35you know, you, you could just get to stay there for free.
- 14:38So is it the same thing as Albani or not?
- 14:42And the answer is that's not a real halva.
- 14:45Because it's a real bar, Because he's because he's hiring him,
- 14:49because it's it's called the, the, the, the, the, the
- 14:52tobosomalva. That because he wants him to
- 14:56build the house, He wants a house built.
- 14:59He hires someone to build the house.
- 15:01No, the malva. Yeah.
- 15:05He's hiring someone to build. He's hiring a builder to build
- 15:07the house. He's just I'm going to pay I'm
- 15:09going to pay you in a year, you know, when you finish it.
- 15:12In the meantime, you can stay, you can stay there.
- 15:14So the whole thing wasn't it wasn't it's not it's not, it's
- 15:17not when was the worker right, right, right, that's right.
- 15:23I pay you. I think the.
- 15:25Benefit I'd be willing to pay. You all the expenses.
- 15:29There's no real here at all. It's just it's easier to to
- 15:33tackle up all the expenses. And pay the function so.
- 15:36That's why when you're looking at there is no money.
- 15:39The money's coming up, Right, Right, right, right, right.
- 15:42The case over here, you're right.
- 15:45Because the shock makes a difference.
- 15:46So the case over here is where the the builder also needs a
- 15:49place to stay. Yeah.
- 15:51Yeah, that. Yeah, Yeah.
- 15:52No, the build that's to say he's say build the house.
- 15:55Because I'm not when you say. The top salon, he's like.
- 15:58I'm not borrowing money because you need to lend.
- 16:02Out your money, but yeah, no, no, no.
- 16:04The case the case over here is also with the shock points out
- 16:06if it's it was at the the point over here is the model that the
- 16:10guy who tells him to build it is as a freshman and the lawyer
- 16:13needs a place to stay. He doesn't have a house.
- 16:15The mall is the builder. Sorry.
- 16:18The you're right, right. The mall.
- 16:19The mall is the builder, correct.
- 16:21OK, OK, one second. Yeah, yeah.
- 16:25The mall is the builder. The mall is the builder, the
- 16:28Loyva is the guy who hires correct.
- 16:30Lova hires the model. The model does work for him.
- 16:32So the Lova, he was hired to pay him.
- 16:35But yeah, yeah, yeah. So the so therefore, therefore
- 16:42the Lova is doing is telling him build the house.
- 16:45The guy has a house to live, right?
- 16:47This guy, he has no place to live.
- 16:48He's like, listen, I have money to go ahead and and and and the
- 16:52rental other guy. Listen, go ahead build the house
- 16:57and I'll pay you later, right, I'll you'll do the work and I
- 17:00will pay you later than me until I pay you.
- 17:01In the meantime, you have a place to live, right.
- 17:05So that's the so then so then so then that's OK because of the
- 17:09whole bus. It's almost the model there.
- 17:11So you need just to stay there. It's not really it's not really
- 17:13a the shock points out. However, if the if the lover, I
- 17:17mean the guy who's hiring him, Taka needs a built, he needs the
- 17:21house built. In the meantime, you stay there.
- 17:24Then it is Taco problem with rivers, But that that's when the
- 17:27loan is not only for the for the for the help, you know, to help
- 17:30me the guy out. You know, so so do any any hava,
- 17:34which is kilo like a stucco type, like you're helping the
- 17:37guy out by giving him a by giving by giving him this loan.
- 17:40It's not really a loan. It's more of a stucco type type
- 17:43thing. You know, if a guy doesn't need
- 17:44it, but call the lawyer doesn't need it.
- 17:48He doesn't right. He doesn't need the loan.
- 17:50There's no point. Like it's completely no, like it
- 17:53doesn't make a difference. He's just trying to help the guy
- 17:55out. Start a business right here.
- 17:57You know, he's you know, here I'm starting giving you money
- 18:00and start start a business. But you know, you use the value
- 18:03of all the stuff and whatever, you know, and at some point I'll
- 18:06pay. No, I'll pay then I'll, you
- 18:08know, I'll pay you for bill for setting the business up, meaning
- 18:11he'll you an employee Like it's not it's completely a total some
- 18:14of the the worker or could be or could be, it could be he needs
- 18:24it. But eventually it's going to go.
- 18:25It's going to revert. It's going to be the.
- 18:27That's why you could stay for two months.
- 18:28You know, when I pay you, you leave and then I have a house,
- 18:31then I have an extra, an extra room.
- 18:33Yeah. Right.
- 18:44Yeah, yeah, OK, fine, fine, fine.
- 18:47Yeah, yeah, yeah. Say it like that.
- 18:49The kids are if he if he has any Honda, if, if, if the lawyer in
- 18:53this case, the person who hires has any Honda out of it, then
- 18:57then they get into problems. But if it's just purely lunch of
- 19:02the shopping in Bala Korba Zulu, Sir Bala Korba Usser.
- 19:06Well, if he built it for the the person who owns the land and he
- 19:10has who's hiring him, then then that is a problem.
- 19:12Well, it's always. Going to be able to sell the
- 19:14Korba for more months. Still, well, that's the thing.
- 19:17He wasn't interested in doing it or or it's not or it's not even
- 19:20his land. It's like it said say it's the
- 19:22lowest. Let's say it's the the workers
- 19:24land or he just doesn't have money for materials Whenever you
- 19:28play around with the details of it.
- 19:30Yeah, OK, yeah, that's just let's let's let's move on to he
- 19:38said I'll just read this and Michelle, it's sort of the
- 19:40lava's most Raptor was lava. Someone needs to borrow, you
- 19:46know, borrow money for Rafa Tavis Malva in order for the the
- 19:56the good of the of the Malva. What does that mean?
- 20:00The guy says, listen, build this Horva, right?
- 20:04Build, build, build this, build up this, build up this place.
- 20:06So the whole bunch of Ted seals Lila shall live in any year old.
- 20:11So I will, I will pay for that. As long as they don't pay it
- 20:19door Baba Kina right. You built it so you can just
- 20:24stay there motor. So that case is motor hold.
- 20:28It ain't canal. There's no of all in this case
- 20:31because the like we said, the, you know, the lawyer who's
- 20:34hiring him or telling him he doesn't need, he doesn't need
- 20:38this work done for him before, he doesn't need this thing
- 20:40built. So therefore there's no right,
- 20:41I'll say the right, right. Yeah, it's Stucker.
- 20:53It's Stucker. It's Stucker.
- 20:58It's a sucker. Is it going to pay?
- 21:02For it, yeah. He's a nice guy.
- 21:14He's a nice guy. Yeah.
- 21:20Yeah, he's doing it. That's not called the whole
- 21:22book. It's called stucco.
- 21:23That's that's the point. Yeah.
- 21:28You could look at it. You could look at it.
- 21:29Technically there is a loan over here because he's doing work and
- 21:32not getting paid, but that's not called the loan.
- 21:34That's the finish. That's the finish over here.
- 21:38This will start with some side a little bit mother order the
- 21:42Cavaro mother out tonight. She's asking for it.
- 21:46We'll do a hot time over here. Someone who gives money to a
- 21:49person outside the he's he's miss asking, but the rebel.
- 21:54So I'll just give a hot time because we're finishing up over
- 21:56here. I'll give a hot time to what
- 21:58what ASIC is and what and what Hava is.
- 22:04It's Mecca and there's it's called Isca and this guy is a
- 22:08business deal where you give a person what's what's called a
- 22:11Hatsi build a Hatsi Picado where you, you give someone, you give
- 22:15someone money where where he had he has, he has a, he has a
- 22:21carrier that you go ahead and invest, use, invest.
- 22:25And part of it's a Picado that he has to give back whatever
- 22:29however he gave him, he has to give that back.
- 22:32No matter, you know, no matter he has, he has to, he has to
- 22:36give, he has to give the money back.
- 22:37So if it's a hava means no matter what, he is full of
- 22:40cries, he has to give everything back no matter what happens.
- 22:44Onus doesn't make a difference with the picado.
- 22:47So sometimes it sometimes it depends.
- 22:49It's like any other Picado is you know, you're guarding it,
- 22:53you're watching it. So therefore, it sort of depends
- 22:56on what kind of onus it is, is the issue of a phenom is a,
- 22:58there's different types of things, different types of
- 23:01deals. So when a person gives money to
- 23:04someone, this ASIC Bo means he wants them to invest it and he
- 23:08wants to get returns from it. The question is, and that could
- 23:12also be risk, right? So it gets right.
- 23:14So then there's, it gets into a whole, there's a whole general
- 23:17thing of a loan. There's a loan is 0 risk.
- 23:21A loan with ribbon's interest is 0 risk, right?
- 23:27Right. Now you know, So what Hazal is
- 23:32going to plays with ISCA is there is a certain amount of
- 23:36risk which makes which which then makes it makes it motor
- 23:40makes it to rebuttal depending how much risk is taken or not.
- 23:44We're that's it's again the actual help the Halafos of
- 23:46Isca's later on, but this is the first because you were talking
- 23:50about also a case a situation where he gives them money.
- 23:54He's out tonight. He's Asik Bo Loreva Kamalva.
- 23:58He's he's investing it for his like a broker of some sort.
- 24:02He's investing it for the Malva. Actually, he should name my name
- 24:07until there are two. He makes he makes he he he he
- 24:12double he double S the money. Yeah, but hi, Samalva and also
- 24:17Svan huge name on the absolute name on in the Malva Shambhala
- 24:21here Coleva. We'll just we'll stop here.
- 24:24Just we'll go over it. But just the point over here is
- 24:27that he he he gives the money to the to the live there when he
- 24:31doubling the money, when he double S the money, then he
- 24:35gives he gives the he gives it back to the to the he gives the
- 24:41Shenyman into the mall there. When he gets profit of Shenyman
- 24:45in that double S more than that triples.
- 24:47And then he gives profit of two of two money into the Malda.
- 24:51And then from there on he continues with the heat has this
- 24:56money in continuation. And that's the question is, is
- 24:59that giving him is that customer call giving rivers or no stop
- 25:02here?