Latest / SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day! / Yoreh De’ah 171-172:1. Interest: Non-Jewish Lender/ Borrower Who Converts During the Loan; Using Jewish Collateral

Transcript

Yoreh De’ah 171-172:1. Interest: Non-Jewish Lender/ Borrower Who Converts During the Loan; Using Jewish Collateral · SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day!

• 0:03
  Good morning, we are here. I'm filling in for a day here we
• 0:11
  are here. Kufai and olive starting.
• 0:14
  Kufai and olive. He goes Ribis sif alif once if
• 0:20
  he swells should love a moles me ovi Kukovic.
• 0:24
  You swell borrow money from from non Jew, the Ribis Zach for
• 0:29
  Allah Vimilva and he was lucky for Allah Vimilva.
• 0:32
  I mean, we had this in the last Simon.
• 0:35
  What it means is basically you take whatever at a certain point
• 0:39
  he takes, let's say he he borrowed he borrowed with ribas.
• 0:45
  I mean, he borrowed $1000 plus, you know, you know, a 10% three
• 0:52
  or whatever. So this point, let's say he owes
• 0:55
  him $1500. So at that point he says, OK,
• 0:59
  Zoe, now you owe me $1500. It's called Zoccos Pamilva that
• 1:03
  whatever money it stops it from like going up and that's called
• 1:06
  now this whole thing now is your hive.
• 1:11
  I mean this guyer and then and then the and then the you know,
• 1:15
  the the non Jews, this gayer is even actually this guy is Zocco
• 1:19
  Pamilva. If before he was the guyer, he
• 1:22
  said, OK, fine, 1500 let's say that's what you owe me.
• 1:26
  So then then graver Karen and Ribbus, he can take the Karen
• 1:30
  and Ribbus because that he sort of I'll say he stopped the loan,
• 1:34
  but that's you know, that was, you know, he made the kilo new
• 1:38
  loan and that and that you know, the the old loan with Karen and
• 1:43
  Ribbus stopped and he was the goy.
• 1:44
  The English is Guyer Zakfranelov, the Milva.
• 1:48
  But if he did it after he was the Guyer glaver, Karen and
• 1:52
  Ribbus, because then, you know, once he became a gear, you know,
• 1:56
  once he popped out of the mikvah, suddenly this ribus is
• 1:59
  whatever this ribus was also for him to to collect even the loan
• 2:03
  was from before. But the you know, but the ribus
• 2:07
  now becomes ulcer. And since he didn't, you know,
• 2:10
  qualified before, you know, before he became a gear.
• 2:14
  So therefore it's ulcer of all. Ovi Khovim, She love me Sir, but
• 2:19
  non Jew borrows money from you, sell the ribis.
• 2:24
  Zakhova love is a ribis. The Milva and the Israel again
• 2:30
  did like OK about 1500, you know now Zakhova, Milva avocation
• 2:35
  Zakhov, Akashini's guyer, even though they made the zikuv after
• 2:44
  he was the guyer, Gaeva Zakaria's a ribis.
• 2:48
  Then he can there he can be Gaeva the canvas and the ribis
• 2:52
  Shiloh Yoimru. So people shouldn't say Bishvil
• 2:56
  ma Isa of this guy is that it's it's again, this is you know,
• 2:59
  people shouldn't say that. You know that.
• 3:04
  Oh yeah, the reason he was the guy.
• 3:06
  Let's say the guy get into like serious that, you know, this
• 3:09
  guy, he had a loan going on for 10 years and this guy, you know,
• 3:13
  was, you know, this guy is, you know, ribous, you know, like,
• 3:19
  you know, exponential ribous over here.
• 3:21
  So people shouldn't say yeah, yeah, he was the guyer because
• 3:24
  it's a great way to go ahead and and get out of debt, right.
• 3:28
  You know, the program, you know, so so people shouldn't say that.
• 3:33
  Well, no, it's not because he was the loan was maybe he was a
• 3:41
  guy. So therefore, technically it's
• 3:43
  it's it's it it right. So the The thing is, is that we
• 3:51
  said before we said after he needs Guyer.
• 3:54
  He shouldn't you know, he shouldn't he shouldn't collect
• 3:58
  because it's it's it. I think it's also only made it
• 4:03
  could be it's also only the ribbon on take the right.
• 4:08
  That's the thing. Lotion of the of the shark is a
• 4:10
  crime. Take the Leila Hakreza Kifa, the
• 4:13
  Hakmir, the bats Batson this whole batson me there Isa.
• 4:18
  If he was going there, he wouldn't have to give it back
• 4:20
  even after even if the guy was Lenten after his guyer.
• 4:23
  But it just looks. It doesn't look so good on the
• 4:27
  second side, though, we people shouldn't say that this guy was
• 4:31
  the guyer because he wants to get himself out of debt.
• 4:33
  So therefore we say we go back to the fall back to the Der Isa
• 4:37
  that he can go go there both whenever you sell Emmanuel
• 4:41
  Akashini's guy with home gold ball Saribis, Shahya Ovikova,
• 4:47
  all the money that he was high when he was a girl, he has to
• 4:50
  pay. So this shouldn't be also
• 4:52
  shouldn't be an incentive for him.
• 4:54
  You know, it should be clear that this is not why he's
• 4:56
  becoming coming in a gear. It's ribbous he was behind to
• 5:10
  pay. No, whatever.
• 5:14
  It doesn't make a difference. Whatever was projected or I
• 5:17
  mean, right, whether it was 1 lump, whether he told them 100
• 5:21
  to give him back 200 or whether it's a rising rate, whatever it
• 5:24
  is, he has to pay everything back.
• 5:29
  OK, on Kufine base, this is a little bit complicated.
• 5:35
  This is the Silgia of Mashkanta. What's in the gummers called the
• 5:38
  Mashkanta. Now this has nothing to do with
• 5:40
  what doesn't really have anything to do with.
• 5:42
  We call in this country what they call mashkanta because it's
• 5:48
  the case of the Gemmers. Mashkanta is the case where
• 5:51
  someone borrow money and then gave the gave the field to field
• 5:59
  house whatever we'll see in a minute to the malve to manage
• 6:04
  like like a Mashka, right. What in this in this country?
• 6:08
  You know, mortgage is not it is it doesn't you know, it's a loan
• 6:12
  and there's a shebud on on on the on the land.
• 6:16
  There's a you know, there's a lien on the land, but it doesn't
• 6:18
  mean that the the bank isn't the bank is not managing the
• 6:21
  property. It's not getting profits in the
• 6:23
  property. It's not renting your property
• 6:25
  out. It's not doing anything like
• 6:27
  that. So this is, you know, it's a
• 6:30
  little misleading here. You see much counting.
• 6:32
  You say whatever it's not this is this is this is this is this
• 6:38
  is the case of where he gave he gave the land to the to the
• 6:44
  model and the model is managing, managing the land.
• 6:46
  But in both cases, both modern. Fives and tomorrow the original
• 6:53
  owner of the land can't sell it without any more.
• 7:01
  He could be he might even be allowed to.
• 7:04
  I don't think it's I don't think it's technically he has allowed
• 7:07
  allowed to, but it could be that the I don't think the other guy
• 7:10
  can kick the first guy out, you know, whatever.
• 7:14
  Yeah, but it could be he can, but that's that's not that's not
• 7:18
  so much over here. We're not dealing to deal with
• 7:20
  that, though. Where he there is, there is a
• 7:24
  situation where if he does sell it, if he is Vivak, you know,
• 7:27
  whatever that I saw. But we have to go through this.
• 7:31
  There's a few different types. I have to give a Haktama here
• 7:33
  because this is in the South, so no, Yeah, but this is a
• 7:36
  complicated cement Sif. I'll go upon him, give a
• 7:40
  Haktama. There's there's a few different
• 7:42
  types of Mashkantas starting with there's a Mashkanta,
• 7:53
  there's a Vashkanta called, let's start with Vashkanta de
• 7:58
  Sura. The Vashkanta they used to do in
• 8:00
  Sura was that he would give him, he would give them all the
• 8:04
  field. You know, he would give them, he
• 8:07
  would give them the field and he would, and he would say, OK, our
• 8:13
  loan is for, you know, for five years.
• 8:17
  You know, after five years, you take the, the life that I get
• 8:23
  you love gets the sort of back. And every, every year he pays
• 8:29
  the, you know, he pays the lol a certain amount and the, the,
• 8:34
  the, you know, the every year, oh, he doesn't pay him anything.
• 8:40
  He says, OK, listen, I'm lending you money.
• 8:42
  You get the feel for five years. This is our deal and that's it.
• 8:46
  After five years, it goes back and everyone's happy.
• 8:49
  That's well, that's one type of Mashkanta.
• 8:54
  He pays nothing. OK, so we're going to see that's
• 8:59
  motor. That's right.
• 9:08
  OK, so the thing with Mashkanta is we're going to see.
• 9:10
  So I'll explain really the the way the the way it has all
• 9:13
  looked at Mashkanta. The sewer is really it's it's a
• 9:15
  screws really. He's paying the guy a meet them
• 9:18
  out. He's paying him up front for the
• 9:20
  five years he's paying him a certain, even if it's cheaper
• 9:22
  than the usual renting, but he pays him a certain amount now he
• 9:27
  now now he gets to rent it for five years.
• 9:29
  That's how Cazal view it's a pre like it's a prepaid even even
• 9:34
  though so we're going to get to that also.
• 9:40
  OK, we're talking about that. He can't with a little bit can't
• 9:43
  kick him out and he has it for five years.
• 9:47
  So it's Keith. We made a rental agreement.
• 9:49
  That's how that's how they that's how they the perspective
• 9:51
  changes. That's how they view it and
• 9:53
  therefore it's OK. Now moving on from Rushkanta to
• 9:57
  Surah is called Mushkanta de Nirviosa.
• 10:02
  Rushkante de Nirviosa is a case where he gave him a Mushkanta
• 10:07
  and he takes profits from it, takes payers from it and ever he
• 10:11
  takes he deducts from the loan. It slowly pays so it pays off
• 10:15
  the loan right, right, right, right, right until until the
• 10:23
  loan gets paid off basically. Then there then there's a couple
• 10:28
  other points I'll go to go through this 5 or 6 different
• 10:30
  cheetahs about which is the acre like which is the acre Hector or
• 10:34
  not. Then there's another type, which
• 10:37
  is it's a look between Astra de Masalki, the Astra de Lomasalki,
• 10:43
  meaning Astra's a place the place where the the the lava can
• 10:48
  be played the the cargo whenever he wants.
• 10:53
  Astra de Lomasalki is a place where the the meneg is that the
• 10:56
  lava cannot be PO the the field whenever whenever he wants.
• 11:00
  He has a set time and there's nothing to do in that time.
• 11:03
  It the one of the rise of being for Astra de Masalki or
• 11:06
  discussion is Teresa Springs is Bata Arikoma Liguarin Erkan says
• 11:12
  Bata Arikoma is Rebus, but the tourism but was maturate
• 11:16
  because, you know, they sold the house for a year and he has the
• 11:21
  right to go ahead and be and and and depose it and and depose of
• 11:27
  the house. And this guy, you know, is
• 11:28
  living in the house. So you know, he's getting he's
• 11:32
  getting he's getting payers of staying in the house for free.
• 11:36
  And this guy's it can be pulled it it's a question.
• 11:39
  We're going to see different understandings of what what the
• 11:41
  Kumar means. But that's the idea of As for
• 11:44
  Demosalky, he can be pulled it whatever he wants.
• 11:47
  And As for Dilomosalky, you know, he can't be the last.
• 11:52
  The last look which is discussed is really the Rambam is we're
• 12:00
  going to get it. Everything starts mixing up into
• 12:02
  a big column. So I'm starting off with the
• 12:04
  column and then we'll start going through the last question
• 12:10
  is, is there a pillar between a soda and a bias?
• 12:13
  The Robin says there is. It's based on two different
• 12:15
  Kumaras that by a soda, since profits are not are not
• 12:22
  definite, right. Let's say, you know, let's say
• 12:25
  he doesn't make anything one year, so he does.
• 12:28
  I'm shaking by a bias. Rent is rent is Kavua doesn't
• 12:32
  make a difference. You you live in someone's house,
• 12:34
  you pay rent. You know, that's you know, it
• 12:37
  could be my phone, but it's oh, OK, OK, so that's Venu Tom.
• 12:45
  Venu Tom says that's the ramen, the ramen and the rash whatever
• 12:48
  they say that they saw that there's there's more risk
• 12:50
  involved about not being able to actually get get Ribius.
• 12:54
  It's not clear he's going to get Ribius.
• 12:56
  So therefore knocks it down to the ribbon, the ribbon and sat
• 12:58
  Theresa the whereas the ribbon says the bais is Riztuta.
• 13:03
  The Manutan says that the house can fall down also, you know it
• 13:11
  can fall down, but such a thing so you know so and so now I have
• 13:19
  to go go go through the different go through the
• 13:22
  different, the different chiuki and we'll and we'll start
• 13:24
  chachonar. So the first the first sheet is
• 13:30
  we'll start with what the is the is the is let's say start with
• 13:36
  the rift. The rift holds that the only
• 13:38
  mascanta, which is motor is mascanta de sura.
• 13:41
  Everything else is Ribis, everything else, even the
• 13:44
  Chiosa. The Chiosa maybe is only the
• 13:46
  Ramanan, but but anything, anything else is going to be
• 13:54
  that he's taking. You know that you know, if it's
• 14:00
  if again, if it's without Nikki also, then it's the Risksuzza.
• 14:04
  And if if he deducts and it's only Mr. Ravanan, but Uncle
• 14:07
  Pane, it's considered Ribius unless it's like in Mishkante
• 14:11
  D'soure. What should we said is basically
• 14:13
  just a rental agreement. You know, it can be viewed as a
• 14:15
  rental agreement is voted according to the roof, right?
• 14:19
  That's, that's, that's the first thing though.
• 14:20
  And then the and that's the the because it's the Chiasa is
• 14:38
  because even though he can, he can, he can take it up and he's
• 14:41
  still he's still getting he's still getting, he's still
• 14:46
  getting payers. He's still getting payers from
• 14:50
  this for being able to have to have the field.
• 14:55
  It's it's not the it's even though he he's been not he he,
• 14:59
  he, he takes, he takes off money.
• 15:02
  It's still it's still next of it's still next of all the where
• 15:07
  he's getting something even though he's going to take it
• 15:09
  off. But it's the the fact that he
• 15:12
  takes it off is not necessarily cancel out the fact that he's
• 15:15
  taking, you know, that's that's how that's how the that's how
• 15:22
  the rift, that's how the rift use it according to the rift.
• 15:27
  Yeah, the the the rival, the well, let's let's go through it.
• 15:39
  Yeah. Then you have the Rashi who who
• 15:45
  holds that or we'll go through the theater of the Grove on 2nd,
• 15:53
  you know. Then you then you have on the
• 15:55
  other hand, you have you have you have the DAS of the the DAS
• 16:01
  of the round bomber, like I mentioned before.
• 16:02
  Is that the Icker question is, is it, is it southern or bias?
• 16:06
  Is it does it it depends on on whether there is a certain
• 16:11
  amount of of risk or not by bias, he says there's nothing to
• 16:14
  talk about is always is ribis. If it's Metriosa, it's ribis to
• 16:20
  Rabonon by Asada with with Nikiosa.
• 16:26
  Then it it does, it drops down to then it would drop down.
• 16:34
  Then it would depend on one second right without the Chiosa,
• 16:43
  the ramen holds is is clearly is is clearly is is there isa Then
• 16:50
  the Chiosa just makes it there isa Durabano.
• 16:52
  That's that's the only thing. Look the the so thereby ramen
• 17:01
  holds the biases there Isa so does the Rabano solder with
• 17:05
  Nikki also will be will be Mutzer, because that knocks it
• 17:09
  like to the skills to the rebanas going down.
• 17:11
  The Rashi holds the Iker Kiluk is ASA de Masalki, ASA de
• 17:18
  Lomasalki, because he holds the the whole thing depends on
• 17:22
  whether whether he he can be if if he can't be Massa like him,
• 17:27
  then if he can be Massa like him, it shows it's a loan.
• 17:31
  It shows clearly this is a loan. I can pay back the loan and get
• 17:34
  it back. So if he's taking payers, that's
• 17:37
  Ribis, but if he if he can't be Messiah Kim, that he has no
• 17:40
  right to be poded the poded then that it's that it's then then
• 17:50
  it's then it it's much more of a sale.
• 17:54
  And if you know it now that also depends if there's you know if
• 17:59
  there's Nikhil, if it's if there's Nikhil aswa aswa aswa
• 18:05
  delo. As for the As for the the Masal
• 18:10
  cave in the Asra one second As for the low masal key with Nikki
• 18:22
  also will be will be will be will be motor The last the last
• 18:29
  another sheet is sheet is Sarajba who holds any Nikki also
• 18:35
  is motor. Anytime you monac it from the
• 18:36
  Cove, it's not considered it it it it's not considered you're
• 18:40
  actually taking anything. And therefore he says that that
• 18:45
  if it's been the Chiasa. So if it's a Astra that that the
• 18:49
  Chiasa is going to be mad here. So that the sale in the Chiasa
• 18:57
  is a field. The acid, the misaki is motor
• 19:01
  without Nikki also then you know the rice of Durabano depends if
• 19:04
  it's Masalki or not Masalki right.
• 19:06
  So Nikki also, which is the icar, which is the icar mat here
• 19:11
  over here yeah, the rash beholds that anything but Nikki also
• 19:20
  means he's not really taking he's not really taking pairs.
• 19:23
  So if it's a ass or the if it's so if it's if it's if it's in
• 19:30
  the kiosk, it's motor basically no matter what if it's not in
• 19:35
  the kiosk. So then it depends if it's the
• 19:37
  Vasalki Lomasalki depends on that that's and yeah.
• 19:49
  So let's let's start going through there's another sheet to
• 19:51
  survive it. We get a little bit confusing
• 19:54
  about that that he he combines another couple of things.
• 19:58
  He says it has to be Loma Salki, and if you have two things
• 20:02
  together, let's just see the macabre a few minutes.
• 20:07
  Mabus caviro mashkin no bias in southern Mazala lends his friend
• 20:11
  and he is and he gives them his mashkin him a, you know, bias or
• 20:16
  Saddam Menashe Kapiri. So there's only that.
• 20:20
  He should eat the payers the whole day, you know, the whole
• 20:23
  time of the mash Gonna emiki mishkante de Surro.
• 20:26
  The Hainu, if it's much content to sur that is the mashkin
• 20:30
  alone, the Shania duos. He gives it to him for his
• 20:34
  mashkin in for a certain number of years, five years, let's say,
• 20:38
  because he says when the when the years finish, alien tape
• 20:42
  book Arableo Kassif I this this this Carter goes right back to
• 20:46
  the owner without money. Afila market was Von Harvey,
• 20:49
  even if it's for 20 years, a McGill, the Coshanna El de Ramua
• 20:54
  that it spread out that he gave him, he lent him $50,000 / 50
• 20:59
  years and it's not really worth, you know, it's you're talking.
• 21:02
  It ends up being a Dover mood of kilo of renting Dover mood.
• 21:07
  The Histimo ESA shutting taxes of Carcassoo.
• 21:11
  Let's say it's even less. It's a mana for 10 years, right?
• 21:15
  Then it comes out and gives him, gives him pennies every year.
• 21:19
  The Bala hina bahaya saka ESA Carcasshoven LF Dinar talking
• 21:25
  about a big a a big difference. The whole Shauna motor aims at L
• 21:30
  Commission soccer by Pacos. Is he even with a cheap rent OK
• 21:34
  in his name Ball khaki emotion the whole spot.
• 21:36
  She had said hello the the Salco Shiovilomos and even if the the
• 21:42
  ball Khaka said OK, whenever you play that you can go ahead and
• 21:45
  take it away. The action, though, Esther, the
• 21:48
  whole Shauna of the Salco Mea saw that Omega by is who Yeah,
• 21:54
  after those Chartoni vistalic motor, even if he can come and
• 22:00
  he can say listen, make it smile, he can come and be
• 22:02
  insalik him and be posed that it's going to be OK.
• 22:05
  Shame Akash ain't coffee out of Malva ligbos.
• 22:09
  Since the Malva has no way to go ahead and to be go there, he has
• 22:13
  no power in the situation to be go there anything.
• 22:16
  What happens there carcolo there anywhere.
• 22:18
  The Skeros This is called the Skeros.
• 22:20
  The Malva has no via even if and even if the lobe could be
• 22:25
  potent, but still it doesn't. The Mama has no cops, so that's
• 22:29
  not called alone. I'll go.
• 22:32
  Let's just see the other sheet to here before we stop here,
• 22:34
  showing me the field below Mushkanta de Suryesh hat there
• 22:38
  This is the sheet does some Mahabir goes like the rift and
• 22:42
  the rift. And even though there are many
• 22:45
  vishad and most Vishad are are MO there, the Vishakata de Sur
• 22:50
  is motor. So therefore that's there the
• 22:53
  Bachar goes the hack mirror, the remote goes VHR name.
• 22:58
  Well, his mark will always counted the service motor,
• 23:01
  right? He showed me that field below
• 23:03
  much counted the Surah yeh. He learned it for a certain
• 23:12
  number of years. If he can put it within the, you
• 23:19
  know, redeeming within the time of vernacular called Shauna, the
• 23:22
  Shauna and he can go ahead and do an ecoy every year.
• 23:28
  A field of our mood. So we're talking about the
• 23:31
  salkey and he can knock it. A field of mood.
• 23:35
  The Zel Mikri Mishkante Beniciosa Shari Andy Mishkante
• 23:39
  Nikiosa is Shari in a place where he can be luminacoly clum
• 23:45
  Oscar. But if it's something he has,
• 23:47
  it's Oscar. But how the evacuee is Jemaine
• 23:49
  Loy, the Yochala Salco. And if he can't be Mesalakim at
• 23:53
  all, Toh Azman Afilu belong Niki also Shari.
• 23:57
  And while this is in the case where he can't be Mesalakim and
• 24:00
  the case where he cannot be Mesalakim, like I said, this is
• 24:04
  this is what Rashi holds as the acre.
• 24:06
  If he can't be Mesalakim, then it's then it's motor completely.
• 24:11
  The Asia only named the Ang Philippine asked the Masalki.
• 24:14
  They asked the Lomasalki. There's no difference between
• 24:17
  whether he can be pulled it or not a little bit named in the he
• 24:20
  also Shari the he also also and both of them whether it's as
• 24:26
  long as it's been. If he also the Rashba, it's as
• 24:29
  long as he's he's he's knocking off him alone, then it's it's
• 24:33
  motor and it's not that it's also the Yesh Leilakh with
• 24:36
  overze Akhar Minik. Then we should go after the
• 24:39
  Minik Medina's a the doggie mhatter mescotto venefiosa on
• 24:43
  these countries. And this is the rash, but this
• 24:46
  is away from the rash. But he was talking in Spain, not
• 24:49
  just the ashcans. The meaning in general was to go
• 24:53
  ahead and be Mako that anything within the fiasa.
• 24:56
  I feel Yahoo. The Salek is is motor, the Angel
• 25:01
  of Roset bait Southern labias and there's no difference
• 25:04
  between a house and a field like like Rabin O Tom something it
• 25:07
  could fall down and therefore there there is no there is no
• 25:13
  difference or charmet altolin de Becholm de de de Nirosa Shari is
• 25:18
  everything which has been the Fiosa Shari and that's our
• 25:21
  general Romaicul. If he takes Paris and he has
• 25:24
  been knocking and he and he takes it off the whole and
• 25:26
  that's not considered Rivas and that's going to be motor.
• 25:35
  Uh.