Latest / SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day! / Yoreh De’ah 160:18-23. Interest: Money of Orphans Or Tzedaka; For Mitzvah Purposes; Currencies; For Work and Favors
Transcript
- 0:02OK, we're continuing Rebus kuf samer si if you're khat call
- 0:10ribi darabanan mutterbama alt shell utomin.
- 0:14OK, so now there's money that belongs to orphans and right
- 0:22there's an apotropos taking care of their other assets and so
- 0:26belongs to the Utomin ribisk suitsa for them to be the
- 0:34Malvet, for the Yatomim to be the Malvet and to to lend out
- 0:41money for interests. If it's Ribis de Araisa, then
- 0:45that's 100% user, no difference. But Kazal said for Ribis de
- 0:50Rabbanan then it's mother Oh Shah Hekdesh Aneem or any kind
- 0:57of money that belongs to at Sedaka fund that belongs for
- 1:01Aneem. So then you're allowed to use
- 1:04that money to lend it out. And one obviously has to be
- 1:11responsible with the money of others.
- 1:14But anyways, you're lending out money.
- 1:16It's 100% motor to get interest for it.
- 1:19If it's interest darabana oh Talmatara, oh, it's bait Knesset
- 1:27or so depends how you understand this.
- 1:30It's either money that belongs to the yeshiva or a bait
- 1:36Knesset, or it means it's for the usage of another mitzvah.
- 1:41So that's how it depends how you want to, how you, how you read
- 1:44it. Again, money that belongs of
- 1:50Sidaka and using that money so that Sidaka makes a profit off
- 1:55of interest Darabana. So that's what what if.
- 2:00But if the money belongs to Sibori, money belongs to a group
- 2:06of people and it's and eventually the money can go back
- 2:10to the people. So that's not called that then
- 2:15it's 100% us or for that group of people to use their money to
- 2:19make money out of interest, even though it's only interest are
- 2:22Abana. It's only when the Sedaka fund
- 2:25or Eutomium are benefiting, not a group of people.
- 2:28That doesn't help. But what if it means people you
- 2:33told me means Tanium in the sense that they're not able to
- 2:36work yet. So it could be thirteen, it
- 2:39could be older than 13 until they're able, let's say, I don't
- 2:43know, 20-25, maybe nowadays 30, but whatever the age of people
- 2:47who are able to make a living, they know how to, I'm joking
- 2:51about 30, but whatever the age is that they're able to go work,
- 2:58so whatever. More or less than 20, somewhere
- 3:02around there, depending. OK, but not 13.
- 3:06So then but taking money and lending it out, what if you want
- 3:12to lend money for the purpose of a sedaka?
- 3:16The you want to take money and lend it out and it's sedaka the,
- 3:23the, it's the proceeds are being or the Karen, the principles
- 3:27being used for a mitzvah to build a show to build the
- 3:31yeshiva. So again we learnt if the one
- 3:35who's in the malv is making the money, if the one who's making
- 3:39the money is the Sudaka fund, that's mutter by Ribistar
- 3:43Abanam. But what if it's a it's an
- 3:46individual and he's making a profit, but it's because it's
- 3:52for the purpose of a mitzvah. So then we see that the GRA of
- 3:59Shokanar Kharab and Aravadi Osif say in Halihad omitsmutter based
- 4:06on Yushalmi. This is the crowd here in Mam
- 4:08Gimmel based on Yushalmi that it'smutter.
- 4:12But the Mishnabura Naraka Sholkhan writes it's it's asser.
- 4:17The Mishnabura is in Reishmanabet Sivdala.
- 4:20So I'll just do that as a mahalkis.
- 4:25I'm not sure, but it was quoted in his name.
- 4:27That's a good question. It's probably in Rishabhat also.
- 4:35OK, need to look it up. And that's an orachaim.
- 4:40OK, let's continue. Haggah the haggah alphaga de ish
- 4:46mahamirin the ain't no motor rock a basin.
- 4:50OK. So that's it's motor.
- 4:54You don't have to have a basin to do it.
- 4:57Some are Mahmer, but you don't need to.
- 5:00OK, Yesh, I'm a commotion orgim Shabbatrovis Malva Malti told me
- 5:04very big suitsa. Now you're going to find
- 5:07sometimes that in Apitrovis 4, you told me they don't.
- 5:10Once they learn they can do ribis, then they they go all the
- 5:13way to Ribis der Isa. So the Rama says uminag tautu,
- 5:18that's 100% wrong. You cannot follow that.
- 5:22The Kola Petrovis shall say came look in I khoshin mishbat with O
- 5:27Salahas IM Nifsal. Hello Barry beat Daraban Ansari.
- 5:32Yes, Barry beat Darabanan. We said his mother here.
- 5:42So here's where it says a Yasam is considered a Yasam until he
- 5:46reaches an age where he's able to make is able to deal with
- 5:50money and and make money out of it for Alpha Pisa Kavaru Ben,
- 5:56even though he's still 13. Oyel veloigi ella Claude Das
- 5:59Miker Yasam even though he has no Das, he's considered Yasam
- 6:03the Indian Zet Misha. Now someone's comes to pay back.
- 6:09You tell me repeat. So the Rama rights that when you
- 6:26come to the Atomium it's a it's a question Chronium Shah taz.
- 6:32Is it dafka atomium or not? So basically, well anyway, so
- 6:37the Rama writes when you come to the Atomium and you and you say,
- 6:40but I already paid you part of the money through through ribis.
- 6:45So then we believe the Yassam if he says he never got anything
- 6:50and he does not need to make a Shiva.
- 7:00I believe he's I think it depends if it was depending on
- 7:05the case, it was the Isis or Abanon.
- 7:08It's just the point that that's not each case is individual, but
- 7:12the the point is he has the the Yasam has an Amanos and he
- 7:16didn't get paid. If you don't specify how much,
- 7:26any case, I mean any case of Urbis Durabano, any case of
- 7:31Urbis Durabano, OK, Sabas, Ribis Durabano, whatever.
- 7:39Lots of cases whenever it's not stated before and there's no
- 7:43guarantee of how exactly how much you're going to earn.
- 7:46If it's, you know, a moving target depending on variables,
- 7:51that's that's Ribis Durabano anyway.
- 8:01So the Shah also points out if a person's even a ghuddle and his
- 8:05his parents passed away and he doesn't know how to make a
- 8:08living yet. So then he's also considered a
- 8:11yasam for this immediate time. If if a child has parents who
- 8:18don't want to support him, that's not called a yasam.
- 8:22And and Almana's not called a Yasam for this din.
- 8:26Women have to women make a living.
- 8:28So it's women are able to work. That's not a awesome here.
- 8:38I'm just going to point out, you know, I think we're going to see
- 8:43it later on. But there's a phrase here.
- 8:46It's mentioned here in in the post game, but it's just it's I
- 8:49believe it's going to come on later on, come up later on.
- 8:52Karov Leskar Virako Lahefsid. So that is a case of Ribis
- 8:58Darabanam. That's when you're you're for
- 9:02sure. Oh, basically it means you're
- 9:04for sure going to make a profit, but the amount might not be
- 9:09clear and you're for and either you're for sure not going to
- 9:14lose or it's extremely unlikely that you're going to lose.
- 9:17Normally when you're a Shutov, then everyone shares all the,
- 9:22all the risks, but if the, if it's not a normal risk of
- 9:26shutvas, so then that could be again, depending on the case.
- 9:32When we say Karl Buskarva Rachel klapsed, we're talking about a
- 9:35case of ribis durabanam. If you're for sure they're not
- 9:39going to make, if there's no risk to the Malva whatsoever and
- 9:42then you're for sure going to make how much you're going to
- 9:44make, that could be ribis duraisa.
- 9:46But anyways, that phrase Karl Buskarva Rachel klapsed is ribis
- 9:50durabanam. OK, I think we'll go on.
- 10:01I'll just sum up the bear. Hey, Tip has a nice short
- 10:03summary. The Shah writes at this halakhah
- 10:08of a yasam applies to everybody and the taz says it argues with
- 10:16the halakhah and he says everyone has to bring up proof.
- 10:19OK, anyway, let's go on to the next UTET.
- 10:24Apatropos Sheilva malti Atomi Mary beat Katsuza.
- 10:28Now what if the apatropos he lends out the money from the
- 10:31Atomi with ribis katsuza? So you're not allowed to right?
- 10:34IM Haloven Natal Kokak Reba Kamoshihitun Alam Kayev Litaine
- 10:43Alam 'cause even though he's not allowed to do Ribis Katsuza, if
- 10:51he took the money, even if he didn't take the money, yet the
- 10:58Lova still has to pay, he's still higher to pay.
- 11:05As long as he still has to pay the Yasomim, even though it's
- 11:08Ribis Sutza because he agreed to it and it wasn't it's not real
- 11:14ribis de Araisa because the Yasomim weren't involved.
- 11:19The so it was you had an agent. The apatropos is working for you
- 11:23as an agent. So normally we see on Rebus
- 11:25suits you're not allowed to collect and you'll say, but the
- 11:29young man, if you took it, the basin takes it away from you.
- 11:32But here we're talking about an epitropus with the eosomium and
- 11:35the epitropus did all The Dirty work for the eosomium.
- 11:38So therefore and and the and the lobe agreed to it.
- 11:42So then you still hire to pay. So again, it's a mahogas how
- 11:47much you have to pay the Shalkhanarak rights you pay how
- 11:50much was agreed upon. As long as the the lobe made a
- 11:55profit, you're not allowed to do it.
- 12:05Oh, so that's a separate case. We're not going to do a total
- 12:08Khazar in that one, but that's what and everything is through a
- 12:11shilia. But that's a separate Hector.
- 12:14So that's only I don't know if that applies to an Apotrapus,
- 12:19but so I don't know if it's considered a Shiliath.
- 12:24It's exactly he's closer to the Azomem.
- 12:27I don't know if it's the same then and but that case is the
- 12:30Shiliath has to have his hands on both sides of the money in
- 12:34both directions. But anyways, that's if it's the
- 12:37same or not. It's I don't think so.
- 12:41And you see from the chronium, I don't think so, but it's a 3 of
- 12:45Mahlokat among the Ashkenazi post scheme.
- 12:47How did how much he has to pay the either you pay half or you
- 12:54pay what was agreed upon. Regardless what the revach is,
- 12:59it's a Mahlokas. Yeah, so that would be if it's
- 13:10pure Rebus Dereisa from the Malvi.
- 13:13This is through an apitropos. So you saw him kept quiet.
- 13:17OK, so let's go to the next. Anyway, the maisa how much gets
- 13:20paid? It's a maclocas.
- 13:22OK, cough. IM avara petropos, the hilva
- 13:27mausiutomim very weak kitsuza. Now the apatropos he did it, the
- 13:32Rebus kitsuza and they took the atomim took the money doesn't
- 13:40mean they spent it. It means they took it.
- 13:42So then petroleum, if you look so the the Osomim when they get
- 13:48older and they find out that the did something they weren't
- 13:51supposed to, they can keep the money because it's not ribos
- 13:55derisa. It's it is ribos sutza, but
- 13:58technically, but it's not rib. It's the fashion, the Derek of
- 14:03Dereissa. But as through the apitropos,
- 14:05they're allowed to keep it. I believe so.
- 14:12I believe so. OK, they Yeah, because the the
- 14:18the lobe agreed to it and the lobe paid him and he wanted to
- 14:21pay him. So therefore, really Dereissa,
- 14:24it's not a it's not OK, let's go on haga vigama apatropos platter
- 14:31milahaksa and the apatropos doesn't have to pay it back Who
- 14:35I didn't mauchel hectishaniya Mushar mitzvos.
- 14:38And so to any case of of mauchel hectish and oshar mitzvos, if it
- 14:47was done, it doesn't have to pay back MU EN Hamalvan, Neman
- 14:52lomart, the Hamachel hectash hayu alabi graya.
- 14:57If the malvet, he has to prove one second, he has to prove that
- 15:04he was taking the money not for himself, but for he was acting
- 15:08as the Gabi for the sedaka. He has to prove it.
- 15:11That didn't go to him. And then he doesn't have to pay
- 15:13it back. All right, because again, he's
- 15:16acting as an agent for the hectish.
- 15:19OK, so there that. His own private hectish spot at
- 15:21home that probably can't prove. It.
- 15:27Right. He has to prove it otherwise.
- 15:28OK All right. Anyway, OK, let's let's go on
- 15:37little details. You have to make a Shivur or
- 15:38not. But let's go on kafala.
- 15:42Oh, I skipped. Oh, well, I in the come on.
- 15:45It's just a reader. I'm not going to look up in KUSA
- 15:49Muktad IMAP Chopas mutter will vote me going with Sarah.
- 15:53You told me. Can you?
- 15:54We'll get there when we get there.
- 15:56Kaf alev IME ozif mea bemea the estrin.
- 16:01OK, so now you're going to lend out.
- 16:05Lend out money 100 when? And you want to get 120 in
- 16:11return. So you're using a currency
- 16:15that's not the main currency, right?
- 16:18Let's say you have two currencies in the land, but
- 16:20there's one that really is the the main currency that
- 16:24everything the financial is based on.
- 16:28And you have a secondary currency that that's a moving
- 16:31target. When you read it inside, you'll
- 16:37see, OK, So what happens? Make.
- 16:43So this is all done. MI Cara mea Vedanka, Ulubasov
- 16:47mea of Estrin, the main currency, that's covea.
- 16:51What all other currencies or items are worth and value, it's
- 16:55the donka. That's the example in the times
- 16:57of the Gemara, that that's what's covea.
- 17:00But you're using, you know, you can have currencies, whatever
- 17:03different types of currencies you can pay with different types
- 17:06of coins, different types of metals.
- 17:08But there's one that's really covea.
- 17:10So when you lend out the money, you actually tell them I'm
- 17:15gonna, I'm gonna pay you a give, you lend you 100 and you're
- 17:20gonna return to me 120, right? Sounds like real ribos tuta de
- 17:25reisa, right? But you're not using the
- 17:28standard primary currency. So what happens?
- 17:33Ulibasov may have one second. I think the the original time
- 17:42was, you know, 100 Payback 120. Correct currency.
- 17:47At a time when the secondary currency was worth 100, then
- 17:50when the time came. Back correct, it's actually
- 17:53worth 120 in which? Case it had to use the original
- 17:57currency. There was no actual rivets.
- 17:59I hope you can because it. Was and that's the original.
- 18:06Well it went up in value, so no. I'm damn one second one. 100
- 18:13used to be 100. Secondary currency.
- 18:15Was equal to 1 main currency and 120 of the secondary currency is
- 18:20worth 1, so 1 down left the secondary.
- 18:27Currency went down, no one up the Cara Maya Badanca,
- 18:30originally the current secondary.
- 18:34Currency to to 1. Or whatever it was worth. 100
- 18:38and later that same 100. No one. 20 of the secondary
- 18:44currency is worth one of the main.
- 18:48In which case you would think that even though it was made-up
- 18:53but the actual the actual value didn't actually change.
- 18:57It was worth one of the main currency when you landed.
- 19:00It was worth one of the main currency when you got it.
- 19:01Back. But we can, because it was.
- 19:07Consistency. OK, I'm sorry, I'm not having
- 19:10trouble following you. Maybe we'll we'll say it out
- 19:12again afterwards. But you said it, but I I didn't
- 19:17I didn't help exactly. You're saying bassar MI Cara
- 19:20azlenan. OK, just just to get that clear.
- 19:23We go Rebus kutsuza. And so you go after what the
- 19:29original deal was. The original deal was 100 for
- 19:32120. You told him you're going to pay
- 19:34him back 120 and then it actually he actually profited a
- 19:41little bit self may have asked him.
- 19:46It actually went up in value and went down in value Asur me,
- 19:51Darisa, seriously. But because you set up, you're
- 19:54going to pay you 100. And lend you. 100 OK, OK, OK in
- 20:00that. 120 of the secondary currency, even though 120 of the
- 20:04secondary currency is equal in in the main.
- 20:07Currency. OK, OK, OK, OK, OK, you're
- 20:09right. So it went down in value, but
- 20:12because it goes after what you originally said and you paid it,
- 20:16then that's Rivas de reisa. OK, What?
- 20:20And it's of course, it's Azimi de reisa VE ozif Maya.
- 20:27If you tell him I'm going to give me, I'm lending you 100 and
- 20:30you're going to pay me 100 Viaque are going to went up in
- 20:33value. That's aser MI derabanan.
- 20:35That's considered that's similar to a case of Seb with the
- 20:39objects because you agreed, you paid back exactly what you
- 20:43agreed to the same amount, but a what?
- 20:45But the value changed. So then it's Asadarabana you
- 20:49borrow. Borrow 100.
- 20:50Dollars from the. American.
- 20:53Dollar in Israel or America. So as dollars is not it's
- 20:57considered separate currency and not the primary currency if
- 21:02you're in Israel. So dollars is has is like Hefez,
- 21:05it's like SE AB SE AA and Shkalim in America is going to
- 21:10be like SE AB SE AA. So you have to it has to be by
- 21:15your currency. OK, fine.
- 21:17Let's go to COF base. Hopefully that was clear enough.
- 21:20Calf base mutter Lil Vot Berry beat Nipanet Pico akhenafish 1
- 21:25is allowed to borrow money. He needs the money to live.
- 21:29He's going to he's going to die of starvation.
- 21:32So mipanet Pico Akhenafish it's mutter to make an agreement to
- 21:36pay the Rebus. Now the malvet.
- 21:39It's aser for him because he's making a pure profit.
- 21:42For him, it's not Pico Akhenafish first, so for him
- 21:45it's Aser. But Even so, to borrow money
- 21:49even from Israel Nashumat, it's still aser Midor.
- 21:53And so aser Midoraiser to borrow to be a little bit from that
- 21:57from him to to lend to him. Maybe he's OK, but to borrow
- 22:01from him is Doraiser asser. But you're allowed to meet
- 22:05Nefesh. So they point this out.
- 22:07This is from the this is from from Tanakh.
- 22:10Alvadya was the prophet and he had to borrow to, to, to be my
- 22:15furnace to, to support and sustain the Naveen who were
- 22:19hiding in the in The Cave. But he didn't have enough money
- 22:22on his own. So he had to borrow money from
- 22:26Ahoram, the son of Akhav, the king, in order to pay him in
- 22:30order. And he paid, he had to pay with
- 22:32Ribis and even in that, And in that case, it was not only a
- 22:35mutter, it was a mitzvah. OK, let's right in the command.
- 22:43The asur Louisville Berry beat Litsorek kahal.
- 22:46Now in order for a kahal, it's it's it's asur to to borrow
- 22:53money berebus fafil in a ribiskatsuza.
- 22:56Even if it's not ribiskatsuza kosherkane, even ribis
- 23:00darabanan, it's asur Kosherkane Berry beat katsuza da asur.
- 23:05Whenever it's for public, it's somewhere Mako.
- 23:14It's 100% aser mitzvah. The only way it could be a
- 23:24mutter is if it's for a kahal, as if it's for if.
- 23:27At the end of the day, the the the kahal is pika mitzvah about
- 23:36aimless smokehouse key in with Zarak Gadol.
- 23:40Once you not rely on this unless it's Zarak Gadol and as you're
- 23:43referring to river suicide or abandoned.
- 23:46That's the question. This is this is this is talking
- 23:55all about that the low vet has a hectic right.
- 23:58That's what we say, OK, what if for if the base kinesis is a
- 24:08mitzvah, so then it might be a matter, but it's kahal is not
- 24:13for Zaraf mitzvah. That's what it says at the end.
- 24:16But if it's at Zaraf mitzvah, So then again, it depends if it's
- 24:19darabanan and it's a Mahlokis acronium lamisa kind of
- 24:24practice, OK, maybe we'll do, should we do this one last one?
- 24:29Kaf gimo hamal vamos al manas shako malaka chitava yada itain
- 24:34hotel la malva la sota asur. Now, if a person wants to lend
- 24:39out money with a condition that any, that any time the person
- 24:45needs a work done in the house or whatever it is, he's going to
- 24:49hire the malva. The malva is let's say he's an
- 24:52electrician and he's lending money on the condition anytime
- 24:56you need electrical needs, you're going to hire me, nobody
- 24:59else. So that is 100% ASAR.
- 25:03That's because it's it's it's it's tovas hana.
- 25:07That's right. You're guaranteeing yourself
- 25:10hana and it's similar to a coin who lends out money lends out
- 25:17money and he says Al Manat that all of your chuma samasaras come
- 25:21to me. So that's also 100% ASAR.
- 25:25Now the if tovas here, let's just read it inside Hagar Ulaman
- 25:31Damar tovas and Havi Mamo and Mikhe Rivas kitsuza.
- 25:34Now that's called rivas kitsuza. If you hold this benefit, it's
- 25:37ovas Hana is has a value to a dollar value to it.
- 25:42It's considered Mamma mihar shihit nu Mithila Bikak since
- 25:46you specified before but I feel loiter Mithila in in Oragula so
- 25:52belavahi aser. And even if you don't make it
- 25:59tonight then you're not allowed to hire the electrician if the
- 26:03only reason why you're going to hire him is busy lend you the
- 26:06money. If you normally would have hired
- 26:09him or may have hired him then it's smutter.
- 26:12But if you wouldn't have hired him and it's only because of the
- 26:14loan then it's user the thing called toba sana.
- 26:17Same with any toba sana avaim. Call Ekhad any time a person
- 26:21makes a a loan and you can end and you would never have hired
- 26:26them Alva except for a loan. The one's not allowed to hire
- 26:30him. But then aval in Kolekhan maxik
- 26:34Tobola. But if people are always doing
- 26:40friends, they're always doing favors for each other, then
- 26:43there's never going to be a problem.
- 26:45They can lend to each other and they can do favors for each
- 26:47other because these are normal favors that they do for each
- 26:49other throughout their life. And it's not a problem
- 26:53whatsoever because that's normal for them and it's not because of
- 26:57the loan. The shock points out our case
- 27:02was a Malva is the one who's an electrician.
- 27:05If the Lova is the electrician, but the Tanai is now the Lova is
- 27:09going to do it for a discount. So then again, the Malva is
- 27:11benefiting. So that's also would be Ribis
- 27:15again, potentially Ribis Kitsuza.
- 27:20And yeah, you you can knock it off the bill, but it's because
- 27:23it's knocked off the bill. But it's but it but it can't be
- 27:26that he's getting a discount. He still has to pay the same
- 27:29amount. Yeah.
- 27:38It's just you can pay that way when it's when you're paying
- 27:39back your bill. Just interesting that Taz points
- 27:43out it's he would have thought it.
- 27:45This is a mistake. This is a din from the Rush or
- 27:49the Tosos and but he says, but it's the halacha.
- 27:52He doesn't argue with it. And the reason why he's a little
- 27:55bit surprised we're going to see later on by by land, a Malda
- 28:01couldn't give a loan. So this is different.
- 28:03That's why I'm bringing it up. So you see that there's a
- 28:04difference. The Malda could say there's a
- 28:06loan. I'm giving you a loan on the
- 28:08condition that when you sell your house or your property, you
- 28:11sell it only to me because that's fair value.
- 28:16And there it's a mutter because you're paying, there's a,
- 28:19there's a, an exchange of money for the property.
- 28:24There's no benefit here. He wouldn't have got the job if
- 28:28not he's he's making money out of it.
- 28:30So that's why that's where it's us.
- 28:32But it's a fair exchange. It's a mutter.
- 28:34All right, I'll stop.