Latest / SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day! / Yoreh De’ah 169:13-14. Interest: Lending Between Two Jews and a Non-Jew and Collateral, the Agent May Profit
Transcript
- 0:00OK, OK, we're a cook. Sam Akhtar takhos ribis.
- 0:05We're continuing with si EF yurgimo.
- 0:09OK, a goy Shammar al yestrail love ma OT E yestrail Berry
- 0:16beet. Oh mash koni.
- 0:21So what's the case? There's a non Jew and he's the
- 0:24borrower and he goes to tell a Jew, we'll call me Jew, Mr.
- 0:30Number One, who is basically like a agent, whatever you want
- 0:37to call the go between and he says go, I want you to get money
- 0:45to borrow from the second Jew. The second Jew is the malve and
- 0:50right. It's obviously the issue is
- 0:51we're talking about Rivas over here.
- 0:53So really Lagui is going to be borrowing from the Jew the
- 0:58second, the second mesrela malve, the Rivas, and he does
- 1:02it, he gives them a mashkun. A boy gives the mashkun through
- 1:08this Shalia to go to the second Jew.
- 1:11And that's how that works. Mozzarella malvelica Haribit
- 1:16Miad Israel hashaliya. So now this agent, the Shalia is
- 1:22the first Jew, the middleman. He's allowed to go transfer the
- 1:26mashkun, take the money and then later the Jews going to be
- 1:31handling again the mashkun and all the money with Ribis.
- 1:35So there's going to be a transaction or handing over the
- 1:38money from Jew to Jew with Ribis.
- 1:41But it's because of the loan between the Jew and the non Jew.
- 1:44But there's the Shalia is a is a Jew.
- 1:47So is that OK? So it says over here mutter,
- 1:50you're allowed to, but there's a caveat.
- 1:53It could be mutter, it could be us.
- 1:55When is it mutter? So it's a matter for the.
- 2:17The only way it's matter is if the the, the Malva, the second
- 2:23Jew, the malva, the lender, the Jewish lender.
- 2:26He tells the Shaliak, this middle man, this middle Jewish
- 2:28man, that everything we're doing it, there's all these
- 2:32transactions, both the moshkon and the money.
- 2:38It's in the responsibility of the of the Jew.
- 2:44If anything happens to it, the Jew is responsible, not the
- 2:47Shaliak. The main issue over here is a
- 2:51Jew to a Jew. Obviously Noah's read this.
- 2:53That's the problem. And I go to a non Jew, a non Jew
- 2:58to a Jew. That's when it's permitted.
- 3:00So the question is this middleman, is he acting as a
- 3:06Shalia or first of all, is he acting on behalf of himself?
- 3:09That would be a problem. If he's acting on behalf of the
- 3:16of the, of the Jew, that's when it's 100% mother because the
- 3:21shilia is just an extension. He's a shilia of the Jew.
- 3:25And therefore it's the, the the whole transaction is going from
- 3:29Jew to non Jew. That's, that's, that's what the
- 3:32stipulation must be. And so therefore, if he's just a
- 3:36shilia and a conduit of an extension of the second of the
- 3:41malva, the Jewish malva, then there's no problem.
- 3:45But that means the responsibility has to be in that
- 3:49in, in the, in the Malaga, right, While the money's
- 3:52travelling from hands to hands. Because otherwise, if the
- 3:56shiliac is responsible, then it's then it's really looked
- 4:00upon as if the Jew was lending to the Jew and the Jew and the
- 4:05other, the two Jews are lending to each other and then the
- 4:09shiliac is just making a whole new lending with Rivas to the
- 4:13Glee. So the lending of the ribbus to
- 4:15the goy is OK, but between the Jew and the Jew, that's a
- 4:18problem, right? It can't be there.
- 4:21It can't be that one Jew lends to another Jew and then the
- 4:25second Jew lends to a goy because that would be a problem
- 4:29when it's going from hand to hand of the Jew to the Jew.
- 4:31That would be a problem of ribbus.
- 4:33It has to be, or it's going straight from one Jew straight
- 4:37to another to a goy. And so therefore, if the
- 4:40Shiliath is acting as a Shiath of an extension of the malware,
- 4:45then it's OK. Well, so, so we're going to have
- 4:57a case like that. We're going to have a case with
- 5:01they often want to have a mash gun and we'll see what happens
- 5:04when there's no mash gun. The problem is, I mean what
- 5:09could be the problem over here when it's not mutter is if the
- 5:13Shalia is his own person or the Shalia is a an extension of the
- 5:19goy. The Shalia can't be an extension
- 5:22of the goy. It'd only be an extension of the
- 5:25Jew because we hold our shalikhs by a Jew and we don't say
- 5:29there's shalikhs by a non Jew. So therefore when the Shalia is
- 5:35the middle is trying to become if you, if he would become, if
- 5:39he would try to become a ship shiliak of the goy, we say it
- 5:44doesn't work and therefore it's looked upon as the Jew.
- 5:50It's a Jew to a Jew. So that's why the only way it
- 5:53works is if the middleman, the shiliak, is a shiliak of the
- 5:57Jewish malva and not of the. OK, now it's clear.
- 6:09Fine. I think let's keep right.
- 6:15We're saying a lot of we were saying there's no Sheikh
- 6:18Lasparaga. OK, so let's go to the, I think
- 6:25Ushi Omar one second. I want to see if I see anything.
- 6:28OK, now this is important. Just to point out, the Shah
- 6:32points out the shame the Bach, then maybe it's maybe a Mahalkis
- 6:39Chauhanar and the the the shock, but the shock writes it's really
- 6:50the from the Bach Lehadhila. You have to say in other words,
- 6:54the mechanics, everybody agrees. What we explained until now
- 6:58question is, do you verbally need to tell him?
- 7:02So it kind of depends. We're going to see what
- 7:09basically the box is like Akilo, when you're making the original
- 7:12loan from the beginning, you should say it verbally, but it
- 7:17doesn't have to be a verbally. As long as we know that you're
- 7:19acting upon as the Shulia for the Jewish malaba, that's really
- 7:24what's OK. And that's because that's what
- 7:27you're doing as OK. But anyways, let's certainly to
- 7:35be you'll see that everybody, you should definitely verbalize
- 7:38it. So there's no, no question
- 7:40whatsoever. OK, let's go to the Raga, the
- 7:45EIN Natanaguya Mashiko and Israel Kodem Shihiba Israel
- 7:52Mashimi. If the Goe is giving the Mashiko
- 7:57to the Shibiya and it goes to the mauva, before there was the
- 8:04loan afilo haya akhayuta mashkon, our Shuliya mutt
- 8:09Rakshiya khayuta mauva. So this is a little bit of a
- 8:15technicality or a fine detail. I don't know, maybe technicality
- 8:21might not be the right word, but it's a little fine detail that
- 8:25the Rama points out. Certainly when it comes to the
- 8:28money, it for this to work, the Aquarius of the money, the
- 8:33responsibility has to be not in the shilia.
- 8:37Otherwise he's looked upon as an independent borrower, Judaju.
- 8:41But he has to be a complete shilia to the malva and
- 8:44therefore the malva has to have responsibility.
- 8:46If anything happens to the money, the malva is really the
- 8:50one who is who's going to lose the money.
- 8:53OK. The the Shilia doesn't have is
- 8:56not responsible to pay him back if someone steals it from him,
- 9:00something I'm not talking about negligence, but basically if
- 9:03someone and he gets robbed, who's who's responsible for it?
- 9:07So that's the OK. But regarding the moshkon
- 9:15itself, if the moshkon is done ahead of time first, then it's
- 9:19OK if he's responsible for the moshkon.
- 9:22This might be a mahogis chauhanara and neuroma.
- 9:27It seems to be, but OK, it's a it's a, it's a discussion.
- 9:32It's a discussion. When you say before the loan
- 9:38even starts, the moshkon is not really relevant.
- 9:41Who's responsible for it or not? There's no Rivas, there's no
- 9:44loan yet. Until there's a money
- 9:46transaction, the Moshkon is for all tents and purposes, when for
- 9:50the purposes of Rivas, it's completely irrelevant because
- 9:56the there's no loan yet. There's no rivers yet.
- 10:00There's no issue yet until there's a loan.
- 10:03And the fact that he gave over an object in advance to become a
- 10:07Moscone, right? It was a Picardon that turns
- 10:10into a Moscone. That's not really a problem.
- 10:14OK, Anyway, fine, let's let's go on McCain.
- 10:25Where are we? Right, that happens to be the
- 10:34Eric Lechem of Marikash, who's a big swat of pussy.
- 10:38He also agrees with the Rama on this on this issue.
- 10:41OK, the Hein bishat pedia. Now the loan is over, it's time
- 10:48to return the money and return with the Ribis and to right the
- 10:52repayment and then return the Moshko.
- 10:55This is part of the statements. I'm not sure you're saying that
- 11:06we had a break. We had a we had a a proper
- 11:09break. When you give the loan, tell him
- 11:12who's who has the Aquarius. OK, now there's a period new
- 11:17paragraph. We come back a week later, a
- 11:20year later, whenever it's time to pay back the loan and we say
- 11:24like this, when it comes time for the repayment, the Malvez
- 11:30should also tell the lo the shaliyat again, say hey
- 11:34shalukhi, you're going to begin. You're my shaliyat.
- 11:37When you pick up the payment from the goy with the Ribes,
- 11:50you're automatically that money. When it leaves the hands of the
- 11:54goy, it's as if it entered the hands of the Malva because the
- 11:57Shalia is working for the Malva and the Shalia is not
- 12:02responsible. So too when you return the mash
- 12:07gun, it's the Shalia has never really responsible out.
- 12:11Now the Chelfenard just points out in the real world, it's a
- 12:15little bit dangerous to tell the Shalia you have no
- 12:18responsibility. So the enoma amino, if you're
- 12:22can't really trust the Shilia's going to be super careful and
- 12:26you want him to feel some responsibility so that he's
- 12:29extra careful. So then yo Markov Bolivo, then
- 12:34the Malva must in his own heart know that he's acting as a
- 12:38Sharia for the Malva, but the shilia is not really
- 12:41responsible. It's not he's work.
- 12:43He's working for the malva. The ain't no it's sari klo
- 12:46Hodil. You don't have to tell him who's
- 12:48responsible. Oh Shi, it's in the emo or you
- 12:51can tell him like this. Really, you're not responsible
- 12:58because right. I want this to be mutter and I
- 13:02can take ribis you're but I want you to know you are taking
- 13:06responsibility. Sorry, you're not responsible,
- 13:11but Lamaisa, you have to pay me unless you get witnesses that
- 13:15you that it, that you were innocent and you weren't
- 13:19negligent or whatever. The EEM Asaq came and if you did
- 13:24so will be shot Padilla Omera Shalit.
- 13:27No. So everything until now is OK.
- 13:30OK, now let's get a little a new twist on to the case.
- 13:33The EEM Asaq came will be shot Padilla omera shaliya al
- 13:40Shalihu. Now what happens when it comes
- 13:43time to repayment? This is a basically a little bit
- 13:46of a a new case. You know, everything until now
- 13:49is the same, except what happens when it comes time to repayment.
- 13:54The non Jew, sorry, the Shalia. The Shalia, the middle man
- 13:58doesn't want to pay rivets. He's trying to get out of paying
- 14:00rivets, whether it's for his own personal benefit, for the goy's
- 14:04benefit, whatever the case is, he made-up the whole thing about
- 14:08the book. He made-up the whole thing
- 14:09exactly. It could be that, right?
- 14:14He made-up the whole thing. We're going to see it doesn't.
- 14:18You may not really know the actual mitzias, but basically it
- 14:23could be the the middle man is really the one who borrowed the
- 14:26money, and the Jew knew that the other Jew wouldn't lend him the
- 14:31money if he didn't get ribis. So he had to make up this
- 14:35fictitious goy to allow him to give him a loan so he can pay
- 14:39with ribis. Otherwise he would never lend
- 14:40out the money. He's the only thing he's going
- 14:42to lend it to a different goy to a goy.
- 14:44He's not going to lend it to a Jew without ribis.
- 14:46So this is the only way he can get this loan that he needed.
- 14:49So that's what could be or, or whatever it is.
- 14:54He's just trying to get out of ribis.
- 14:55Whatever the case might be true or false, that's not exactly
- 14:58relevant. The case is, though.
- 15:01He's telling you I lied. He wants to keep the ribis of
- 15:05the goy, right? Maybe he wants to steal the
- 15:07ribis for himself. The goy paid the ribis.
- 15:09Exactly. It could be the goy paid the
- 15:11ribis and he doesn't want to pay the rivets to the Jew.
- 15:14He wants to keep it for himself, right.
- 15:16He wants to get paid for his, for his, for his work.
- 15:21He's the middle man. He wants to get, that's how he
- 15:24wants to get paid. This whole loan was just with
- 15:31me. So then the Malva can say, well,
- 15:38you told me already that it was a that there was a that there
- 15:44was an anju involved. See, you already told me what's
- 15:48going on. So now that you're trying to
- 15:50undo it, I don't I don't believe you.
- 15:52I believe what you said the first time, OK.
- 15:57And we we know that in Adam Neyman, Alotsman Yuter Ymeyer
- 16:01Adi. So we're going to see that a
- 16:02person. OK, now.
- 16:07So he's going to make the so Well, so there's a MASH gun over
- 16:11here. So he could he keeps the MASH
- 16:14gun. In other words, he can keep the
- 16:18MASH gun until the guy pays. Ribbus.
- 16:21He's not obligated to pay him back.
- 16:24What? Well, he doesn't believe him.
- 16:27He believes the MASH gun comes to none, Right?
- 16:31So, So. But the Malibu doesn't have to
- 16:34believe him. OK, Gonna what did?
- 16:37What really happened? Nobody really knows over here,
- 16:40but there's a the dialogue between two people and this is
- 16:43what's going on. So the Laha is the so he says
- 16:47what's it called? I I believe the first things you
- 16:49said. Now the case is when you gave
- 16:52him the loan and at the same time there was a mashgun.
- 16:56So let's otherwise. Well, let's let's keep reading
- 17:03anyway, to the ka ka ka no aval queche Shanielid Varasa.
- 17:08But he says like this. You're not So you're you don't
- 17:11want to pay me, Rivas, right? Well, I don't.
- 17:16So he says like this. So he says like this.
- 17:20OK, fine. I'm not going to give you back.
- 17:24You're not paying me, so that's fine.
- 17:26Don't pay me. I'm going to go get But this is
- 17:32how we're going to do it. OK.
- 17:35You're telling me you're not really a shilia, so fine, tell
- 17:38the goy to come to me. I'm going to deal with the goy.
- 17:41He's going to pay me the money with the Ribis and I'm going to
- 17:44give him back the mashkam. Otherwise I'm not giving you the
- 17:47mashkam. And he says like this Rafil
- 17:51rafilu in me Yurzel, we shall not even if this the Shalia
- 17:57makes a shvua, right? It doesn't need to the Malva
- 18:02also doesn't need to make a shavua.
- 18:04It just tells him. But here the love of the Shalia
- 18:07tells him I'm going to make a Shiva ain't no Neman.
- 18:10We don't believe him but Shiva doesn't even help him.
- 18:12I feel adim idiom should show you.
- 18:14So even if he brings witnesses that have belonged that there is
- 18:17no Goya over here lo Mahaniki because he told them that it's
- 18:23not his. When he took the loan, he said
- 18:25I'm a Shalia for the goy and it's not mine.
- 18:29And if the Lova makes the Shiva doesn't help Omna, even though
- 18:37dad of our chicane who are Anna's I still be caught in
- 18:40menu. I read this now if it turns out
- 18:44that the God with the Malvern, the Jewish Malvern realizes that
- 18:49it there really is it really belongs to the there is no
- 18:58goyalty. He's telling the truth so he can
- 19:07tell him I'm not going to, I'm not giving you back the
- 19:09mushroom. But at the end of the day, if
- 19:13you know that the Shalia can tell you the truth and there's
- 19:16no going, you're able to find out the the mouth is not allowed
- 19:20to take Ribbus. It's true inside the Mammalus
- 19:24maguila, but there's an essester Isa or an Esser, depending what
- 19:29it is. There's an Esser of Ribbus.
- 19:32So inside the Kurdish barkle, the mouth is not allowed to take
- 19:35the ribbus. If he knows if the guy's if the
- 19:37guy's telling the truth, OK, but the shots isn't they can't stop
- 19:46him from taking the ribbon, right?
- 19:50You can't stop him from taking the ribbus because he didn't
- 19:53mammon us but he other but he himself is not allowed to take
- 19:57ribbus exactly which is an Israeli.
- 20:01Yeah, Mario Maso, can you call Russia?
- 20:03And a person who does this, he goes around taking loans, the
- 20:07shame, a guy that doesn't exist. And then when it times take
- 20:09time, when it's time to pay back the repayment with interest, he
- 20:14gets out of it. So that he's called the Russia,
- 20:18They call Zelda, Mario de Maulda Alamashka.
- 20:21Now this is when you do the Maulda at the same time with the
- 20:23Mauschka. And it happens at the same time
- 20:25about you. Natano.
- 20:28How about Lago? Now, if there's no much
- 20:44involved, then there's a certain amount of yeah, you have,
- 20:52there's a certain amount that we do believe in.
- 20:55It's like a Shama and A and a Bari.
- 20:58There's no, there's no Kenyan of the Mashgun.
- 21:01So then the the, the Shalia or the Lokaya or the Lova, it's all
- 21:06the same person. So then he's we do have to
- 21:09believe him on some level at at this point.
- 21:13And you can't force him to pay the rivets.
- 21:24Now you could and that you could take the Rivas.
- 21:30If you know that there is a goy. Like when he took the loan, he
- 21:36totally pointed. He said this is the name of the
- 21:38goy that I'm doing it with. If then, then, then he doesn't
- 21:44get out of it. You don't call, she's lying,
- 21:47call, she's lying and he gets out of it.
- 21:49If he says no, there's a goy. I'm there's a goy.
- 21:53I'm really just say Shalia, the entire dealing is 100% Jew to
- 21:57Jew unless he gave the the guy's name or the guy was standing
- 22:01there at the time. The the shock talks about it in
- 22:04earlier in the sea. OK, anyway, but but if you do
- 22:18this right, you borrow telling the guy you're going to pay him
- 22:22Rivas and then you can find a way to get out of it.
- 22:24So the guy can threaten you and perhaps it can lead to her.
- 22:29And if one does so Shokanak writes is called a Russia.
- 22:35So it depends. Anyway, I'm not going to get
- 22:37into it. There's a little discussion in
- 22:39their acronym when he could be called a Russia and and not OK,
- 22:46OK, either he's we call him not really part of Israel and or if
- 22:53you're able to call him or Russia technical Russia and I'm
- 22:56OK side top. Fine.
- 22:58Let's go on to Udalid. Oh boy, that took a while.
- 23:04Udalid. Let's see if we can do this real
- 23:09quick now the middleman, this is basically a similar case.
- 23:14The middleman, basically the same case.
- 23:17The middleman is this is a Jew and he's again he's, he's
- 23:20working between the Goi and the and the Jew Juloga habero
- 23:25letzara Goi. So he's taking the money to give
- 23:27it to the Nanji, to the Nanji. And so the akrayas again is in
- 23:33is the Malvi. So that it's basically the same
- 23:36case. However, the Shariah flied a
- 23:41little bit when he when he gave information between the Jew and
- 23:46the Nanju, he gave two different amounts for Ribbus.
- 23:50He gave one higher and 1 lower and they wouldn't know about it.
- 23:54And the difference he would pocket on the way, right?
- 23:58He want to say he wanted to make money.
- 23:59So he tells the guy, you know, you have to pay let's say 10%
- 24:03and he tells the Jew you're only getting 5%.
- 24:05That's what the agreement is. And so no one knows about it
- 24:07except this middle man. And the middle man is the one
- 24:10who pockets this 5%. That's basically the case.
- 24:12So he's social level. Makharov said.
- 24:14Fagoy vekhatsa magoy already Bioke.
- 24:18We told them more, the IMA Israel Malvin, he tells the
- 24:21Malva Katsa Pakos, he says the agreement is on the lower
- 24:24interest, right? We just said let's say 10 versus
- 24:275%, whatever it is, Zakhalova, the Shalia is able to keep the
- 24:31money. The Masha Katsavi Nagoya Terry
- 24:33Masha Katsavi Maistra, that delta that 5% is able to keep
- 24:37for himself, fine, Ava IM Katsavi Malva bioche Alana.
- 24:44If he told the Malva more, let's say the same or more really,
- 24:49then I mean OK either way this the case is more but really it's
- 24:54the same idea. The Hagui Aram and the non Jew
- 24:58is becoming a tough guy. It's becoming strong and says
- 25:02leave me alone. I'm not paying the Ribis or I'm
- 25:04not paying the full amount, whatever it is.
- 25:08Otherwise I'm going to beat you up the Inorota Llufraulova
- 25:11mikisa. So then the amount the the
- 25:15Shalia doesn't pay from his pocket because he's not or
- 25:20doesn't have to pay from his pocket because he's not
- 25:22responsible, right? But that was the the whole
- 25:24premise is the the Shalia is not responsible for the GOI.
- 25:33The just like it's the same case as you'd gimmel.
- 25:36So therefore all the responsibility was on the Malva.
- 25:40Otherwise it would have been so that this way the the Shalia was
- 25:44just working for the Malva. The Shilea doesn't work for the
- 25:46goy, otherwise it wouldn't be a problem.
- 25:49As we just explained, Hagar viesh omrim the tsariah
- 25:53khalovili fro alo mikiso El inhisquilo shame hagoy tequila
- 25:58as pater milushali alo mikiso. So that some say no, that Shilea
- 26:03is actually going to be responsible unless he's singled
- 26:06out and named who the Goi is at the time of the Hava.
- 26:10So basically it's just a little bit of a repeat of what we said
- 26:25before. It's just very important that
- 26:27the Shalia doesn't say I'm going to be responsible to pay the
- 26:31Rebit and the Karen because otherwise it becomes like the
- 26:38the Jew to a Jew. That's one transaction stop.
- 26:42And then there's a separate transaction of the shiliac to
- 26:44the to the goy, because that would be a problem of handing
- 26:48over ribis from Jew to Jew. It has to be a smooth 11
- 26:52transaction from a Jew to a non Jew.
- 26:55And the shiliac is only an extension of the Jew, right?
- 26:58Basically what we said before. The Lomar yeah, Ella Takilotava
- 27:10Srihaliot with Sarafagori. I don't know.
- 27:14IMA Shalih Balituda Mashkun in Mantova.
- 27:16Much of the couple of men who care in very beat.
- 27:18Now if the Shalia comes to to to redeem the Mashkun, he's allowed
- 27:24to the Mashkun. He's allowed to go buy it.
- 27:28It's just like any normal transaction.
- 27:30He's not, he's not. He's just he's just buying the
- 27:33mashkun back. Even though the mashkun got more
- 27:36expensive because of the rebeat. It's just a purchase.
- 27:38It's not a problem. Miudaka, Shammel, Brunzo, Niv,
- 27:41Toto, Merit Sono. But it has to be that he's
- 27:45willing to sell him the mashkun because then it's a normal sale.
- 27:48It's not forced. If it's forcing, then it's could
- 27:51be that shows that you're acting as independent.
- 27:55But if if the non Jew, if the Jew wants to sell the mashgun,
- 27:58then that's OK. I will impose A Shalia Michelo
- 28:02Harvey Ramaoud. But if he's but if it's could be
- 28:11inappropriate, if he does this intentionally, the whole plan
- 28:18was he's going to do it like this, then that's the problem in
- 28:22a Shalia Corozo le Toto. And if the mauve is tired of the
- 28:29loan and he wants his mash, he wants he's forcing him to buy
- 28:34back the mash gun, then that's then he he's not allowed to.
- 28:38He can't force the Shalia. The loan was and the mash gun is
- 28:42a deal between the the Mauve and the Goya.
- 28:45He can't, again like we just said, the Shalia who's working
- 28:48for the mall, but he can't force the the Shalia the mall but
- 28:51can't force the Shalia to pay him back.
- 28:54OK.