Latest / SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day! / Yoreh De’ah 178:1. Lending Money With Interest Using a Heter Iska; Not Following Non-Jewish Customs

Transcript

Yoreh De’ah 178:1. Lending Money With Interest Using a Heter Iska; Not Following Non-Jewish Customs · SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day!

• 0:00
  OK, good morning. We are continuing Hukos.
• 0:02
  Hukos are going all right. We are continuing the laws of
• 0:07
  going from where we started. I don't know.
• 0:09
  Was it 4050? Simani Mago Ribis was a partial
• 0:16
  break. Simon.
• 0:18
  Kuf, eye in hat today. Kuf eye in hat.
• 0:23
  OK, so now we're starting the Hochhos of Kukhosa Goyim and
• 0:27
  it's going to continue into Kishov Menache Shvahuli.
• 0:32
  So just wanted to point out, it's interesting.
• 0:34
  It's that's this week's partial. By the way, the main partials
• 0:38
  are in Ajaimos Perak Yurhat, I think, and then here also in
• 0:43
  Seifer Davarim, Perak Yurhat. In Parsus Shofti, it talks about
• 0:51
  La tilmar, lasas Khitova Saghoim and it talks about all the stuff
• 0:55
  kosi and ksamim maone menachesh. Anyway, let's see that inside.
• 1:01
  Before I start though, I just want to do a little quick.
• 1:04
  I wouldn't say recap, but I would like to say just a couple
• 1:07
  minutes about heter iska, just so we understand what a heter
• 1:13
  iska is. So now that we learnt Hilchas
• 1:16
  Ribes, now that we learned what a regular business deal is and
• 1:20
  how that created a problem of Ribis and how we solved it.
• 1:26
  So that's all old news. So what is a heteriska?
• 1:30
  All of a sudden you need, you want to loan, lend loan money to
• 1:34
  your friend. So how does it all of a sudden
• 1:37
  become mutter to get interest by lending money to your friend
• 1:42
  just because you have this contract called Hetzer Isca?
• 1:47
  How did that all of a sudden make it permitted?
• 1:51
  OK, now the main, main reason is because choose wanted to lend
• 1:54
  money and that they're starting to worry and not want to lend
• 1:58
  money because they might lose it.
• 2:00
  So they needed to protect themselves.
• 2:04
  Also, it's for a business deal. So really the Torah is happy for
• 2:08
  everybody to make a profit. It's not.
• 2:10
  The Torah is really a mouthfeed when a person is poor and needs
• 2:13
  help. But anyways, how do we get
• 2:16
  around it? Whatever the situation is that
• 2:18
  using a heteriska makes it much, so it's important.
• 2:27
  So the idea is it's all based. Anytime you lend money with the
• 2:31
  heteriska, we're using the same principles of.
• 2:36
  That's why it's called heteriska from the ESSEC or ISKA that
• 2:39
  we've been talking about. It turns your loan into
• 2:43
  essentially half alone and half a piccadon.
• 2:50
  OK, so where he's working for you on half of it and working
• 2:53
  for himself on the other half. That's the the basic which
• 3:00
  mechanics and included in, again, there's different forms
• 3:07
  of heteriskas, but we'll just come up with like a basic
• 3:11
  general form now. It's important.
• 3:20
  Yeah. So what are we doing?
• 3:22
  You're basically you're taking them whenever you're giving a
• 3:24
  loan. You're basically turning it into
• 3:28
  our what we called an an ISCA, an ESSEC.
• 3:31
  You're giving the money. We're turning every regular loan
• 3:35
  into an investment exactly into an investment where it's half,
• 3:38
  half. And So what you're doing is
• 3:40
  according to the contract, you can never really guarantee all
• 3:43
  the money, OK? It could only because part of it
• 3:49
  is a Picaron and part of it is a is a Malvet.
• 3:52
  So you could only guarantee, let's say up to half, right?
• 3:55
  That was the as a principle you can't get, you cannot be
• 3:58
  guaranteeing all the money. And there are in order for a hat
• 4:02
  to risk it to work, there must be risk.
• 4:05
  You must be willing to risk half with a huge caveat.
• 4:10
  So in other words, that's why it's acceptable.
• 4:12
  That's why your person would lend money with the heteriska.
• 4:14
  We're going to explain how you how how does that work is you
• 4:19
  can put in a clause, for example, this was mentioned by
• 4:23
  the Truma Sebastian. You put in a clause that the
• 4:27
  only way the borrower can claim that there's a loss is if he can
• 4:34
  put this in the heteriska. You have to bring two witnesses
• 4:39
  to say that the money was lost. In other words, you're putting
• 4:43
  there is the the responsibility, you're putting the onus of proof
• 4:48
  on the borrower. He could only claim there's a
• 4:52
  loss if he brings 2 witnesses. Now that's that's a hard thing
• 4:55
  to do. And if a person's also afraid
• 4:58
  quotes again in in the Reisman from Venus Adam, which is the
• 5:03
  Khakhmus Adam and Egress Moshe that you can even make him put
• 5:07
  in a clause he can The only way you can claim a loss is if he
• 5:12
  brings 2 witnesses to testify during Creasatara on the Bhima
• 5:16
  basically in front of everybody in the show.
• 5:20
  You can make it where it's difficult to claim A to claim a
• 5:25
  loss. There is technically you can't
• 5:27
  guarantee that there's no loss, but you can make it difficult to
• 5:33
  collect on or to to for the investor to the borrower not to
• 5:38
  pay based on a loss. OK, the Contras Asma also adds
• 5:44
  another provision. You can also stipulate that you
• 5:47
  have to make a Shiva Shiva Hamura.
• 5:50
  We're going to get that in kosher mishpat.
• 5:53
  But basically, you can you can stipulate you can only claim a
• 5:57
  loss if there's also a you're willing to take a Shiva that it
• 6:01
  was loss. And then most people are not
• 6:04
  going to take the Shiva based in and therefore it makes it
• 6:09
  another more difficult to collect.
• 6:11
  So in other words, chances are you're going to collect all your
• 6:15
  money, but there has to be built in a possibility of there being
• 6:19
  risk set amount of profits, quote UN quote profits.
• 6:25
  So you in case at some point out you have to just make up what's
• 6:28
  reasonable, what he's able to what can be done.
• 6:36
  So if it's something that's unrealistic, then I don't know
• 6:41
  if everyone says, but certainly some say if not all, I don't
• 6:44
  know. It doesn't work.
• 6:47
  So there So a couple points or there must be an element of
• 6:49
  risk. We are going to mention you have
• 6:51
  to have a scar Tierca, don't forget, so that either it could
• 6:56
  be a dollar amount. And here he writes in the safer,
• 6:59
  it should be at least a 6th of an ounce of silver.
• 7:06
  So if the ounce of silver goes up to more than $6, it really
• 7:09
  should be more than a dollar amount.
• 7:11
  I mean, for nowadays for Americans, if you say $1.00 or
• 7:14
  $10, it doesn't matter. But anyways, in those years ago
• 7:20
  a dollar was something. Now it's not so much.
• 7:23
  But anyways, it has to be a certain amount that you
• 7:26
  designate. This is his Khartircha.
• 7:28
  Whether there's profit or not profit, he's going to get extra
• 7:32
  or the investor is going to not get that amount.
• 7:34
  You can also make get a percent difference.
• 7:36
  Doesn't have to be a 5050, whatever it is, you just set
• 7:39
  aside something that's for that amount.
• 7:45
  So this is a dollar amount he writes.
• 7:50
  So by the way, about the oath he writes, it's normal to write the
• 7:53
  following clause. I'll just read it.
• 7:55
  It's agreed that if the managing partner shall return the
• 7:57
  principal plus the additional anticipated profit amounts, they
• 8:01
  put a dollar amount the lines a blank for his and whatever
• 8:06
  that's what they that's what the you know, if you're charging 10%
• 8:09
  rivets for 10% for this share in the profits, the manager partner
• 8:14
  managing partner shall be relieved of the above mentioned
• 8:18
  oath. And then you don't have to make
• 8:20
  that oath as long as you whatever.
• 8:22
  We basically said that all right, Shalolo Bushakima Boucher
• 8:25
  Glen Aleph in Hohenbehuko Saghoim, we are not to follow
• 8:31
  the customs are the ways of the Gohim haga villo medamine lehen,
• 8:38
  and we we do not look like them. This is also from the Rambam and
• 8:44
  others below. Yilbash mabush hamei Yuhad lehen
• 8:48
  do not dress clothing that is specialized or unique to the
• 8:54
  Nanjus Viloya Gadelt. Sit, sit rosha.
• 8:58
  Komod, sit, sit rosha. I don't think it means don't
• 9:02
  grow along. Pay us.
• 9:03
  It says don't grow your hair along.
• 9:05
  I mean, some of this is referring to, let's say they
• 9:08
  would have long mohawks, some of them, or they would grow the
• 9:11
  back of their hair, not a regular ponytail that we have
• 9:15
  where we take all the hair together.
• 9:17
  I don't think that's what's included.
• 9:19
  It means, let's say at the back of their hair above the neck,
• 9:22
  they would grow their hair long. However it was, it was very
• 9:26
  goish. Veloya Galea mad Stadium.
• 9:30
  Don't shave off the sides separate from in this area of of
• 9:35
  peya sarosh, cutting off your hair.
• 9:37
  This is we're talking about shaving your head.
• 9:41
  This is just Veloya. This is even if that wouldn't be
• 9:44
  an issue, it's Valleja Galiya Command Stadium where you shave
• 9:47
  off the sides of your head via NIA hassayar Behemsa and you
• 9:52
  leave the middle of your head with hair.
• 9:55
  Veloya galiya hassar mikanagad panov MI ozen la ozen.
• 9:59
  Or not to shave all of your hair in in front from ear to ear, I
• 10:05
  guess above all your forehead all the way across Villa NIA
• 10:08
  Hapera. And then you leave the the
• 10:11
  middle or the back of your hair growing long.
• 10:14
  The low you've OK, separate, but that's the idea of the low.
• 10:23
  You can't make buildings in your city a Jewish building, whether
• 10:27
  it's a house or a synagogue, whatever you're building, if
• 10:29
  it's looks like a for example, a church or any, any binion, any
• 10:35
  building that looks like a House of worship, whatever that is,
• 10:40
  that's you can't build something that looks like a House of
• 10:43
  worship. Kadeshi ikansu baham rabin kumo
• 10:46
  shahimosi. Hey, why would you want to do
• 10:48
  that? Because you want to get people
• 10:49
  to come. You want to make AI don't know a
• 10:51
  wedding hall or just any place where people come.
• 10:54
  You are a show. You can't make it look like a
• 10:58
  like a House of worship of what Azar Shock points out.
• 11:04
  But you are allowed to make a building that looks like
• 11:09
  anything that that they build that's not a church.
• 11:13
  Let's say, I don't know, a fancy, a fancy hall that's known
• 11:17
  to them. I don't know the White House,
• 11:19
  Parliament or any courthouse. You're allowed to make a show
• 11:23
  that looks exactly like that because those are not houses of
• 11:26
  worship. What?
• 11:28
  Eiffel Tower? Eiffel Tower.
• 11:29
  OK, that's that's like a skeleton, but fine.
• 11:32
  You can't make a show that looks like an Eiffel.
• 11:35
  You could. You're allowed to make any
• 11:37
  building your house, whatever. And the that looks like the
• 11:40
  Eiffel Tower. Very good.
• 11:42
  So that wouldn't be a problem. Haga Ella.
• 11:46
  Yeah. He moved all my hand on Mabusha
• 11:49
  Ubushar Masaf. But you should you should look
• 11:53
  dress different then the Nanju's that calls the Eno Asur El
• 11:58
  Abidavarsh and Naguba Goyim Mashum.
• 12:03
  Then he points out now technically none of this is Asur
• 12:07
  here. I'll just say there is when it
• 12:10
  comes to the halakhah of Hukasa Goyim.
• 12:12
  We have the spirit of the law on the Dereissa level, even where
• 12:17
  it may apply to things much many more things than black and white
• 12:26
  technical Esser again, take some common sense as well as but let
• 12:36
  me continue. In order for it to be
• 12:38
  technically for sure, ASA it's if it's something that's unique
• 12:46
  to Goem that they do in order for priests such as including
• 12:53
  Gaeva, anything that's done even for Gaeva, it's it's me, you,
• 12:58
  it's a goyish me you had and that's the purpose can go in
• 13:01
  Shinagu little Bush Mabusha. I'm Adumi like they try and wear
• 13:05
  a red clothing. The Who Malbush, Sorry,
• 13:09
  Mukhadomil is that. Meanwhile, Boucher have preaches
• 13:12
  or they have honorable clothing. That's for sure.
• 13:17
  For preaches, all of these are us.
• 13:20
  Or if it's to be like the gleam, oh, the devar Shenagu, like
• 13:24
  Minogue Villa Hulk, the ain't tambadavar or anything that's a
• 13:30
  goyish way of dress or a goyish custom that has no reason for it
• 13:36
  really of the EIN TA ahmadabra dikalamehashbe Mishun darke ha
• 13:41
  amori. Because we're afraid that maybe
• 13:43
  it's part of darke amori of of Whatazzara, the yezhbosh
• 13:48
  schemitz of Whatazara. May I vote to him.
• 13:51
  And that's why it's a problem. In other words, the the Rama
• 13:56
  which following the Hamarik, which is really the standard
• 14:00
  Halatha across the board in the postscheme, at least for the
• 14:03
  most part, is the rule is like this.
• 14:06
  Anything that has the reason, it has to be a goyish type address
• 14:14
  that's founded on a Varazara or Prixis probably that includes
• 14:21
  Zenos, but it's also includes Gaeva.
• 14:24
  So anything on those lines. And if there's no rationale
• 14:28
  reason for them to be like that, then it's a problem.
• 14:32
  Now really rational reason is not the real problem, it's if
• 14:36
  there's no reason for it, we immediately assume that there is
• 14:41
  something Princess or avarizar involved and so that's why it's
• 14:46
  not allowed. Aval navar shinagulito elit.
• 14:50
  Anytime there's a logical reason, it's helpful.
• 14:54
  Kegon shedar Khan shakomi shihu rofe mumukhayeshbhu muttar the
• 15:02
  love show. Therefore, the white coat that
• 15:05
  doctors wear is 100% permitted because it shows who the doctor
• 15:09
  is and who you know might be a custodian or who might be a
• 15:13
  nurse. And sometimes the nurses might
• 15:15
  know more than the doctors. But that's not the point.
• 15:17
  We'll be here. As long as you wearing a mew hat
• 15:21
  for a reason is logical, then it's OK.
• 15:24
  OK, we can go into many examples, but I think we won't
• 15:28
  because that'll be could be a long share by itself, but this
• 15:32
  is the main principle that takes you across every example you
• 15:35
  could think of. Now, there are many times if
• 15:37
  you're going to read postschem 2 of us or whatever on different,
• 15:43
  different customs, they're going to always analyze it.
• 15:47
  And some may or may not be argue about it, but Meeka Reddin
• 15:52
  generally the postscheme are going to say the the follow the
• 15:55
  Rama for what's Mika and mutter and Asur and less of course, how
• 16:02
  many of the time, you know, want us to not be like them about
• 16:06
  Dover? Shenagu said this.
• 16:12
  If it's done for for covered. You know, I've heard people
• 16:20
  question Thai, for example. Is that covered or not?
• 16:23
  So OK, generally most of us are Mikkel to wear a tie or any
• 16:28
  other reason. Mutter cap and gown at a
• 16:32
  graduation. There's so many things that are
• 16:36
  that we'll see that that's probably mutter.
• 16:40
  Yeah. Even according to the Roma, it
• 16:42
  should be OK. Black clothing at A at a
• 16:50
  funeral. Is that a problem?
• 16:52
  So it's happens to be it's it's really a Jewish custom in the
• 16:55
  Gemara to wear clothing and we're going to see, I'll read it
• 16:59
  inside even. But clothing is also black as
• 17:02
  even clothing of Sunnius according to Khazal.
• 17:05
  So therefore, yeah, I read from the Shah in Gilmo, he writes
• 17:09
  Sunnuim do not wear red. And he also quotes from the
• 17:12
  Maharik. That's the masara that's
• 17:14
  generally Jews do not want to wear red.
• 17:17
  And it's Sava Shah but black. That's the Derek of senios and
• 17:22
  hakhna being submissive and modest.
• 17:26
  So that's just again, it depends how it's worn.
• 17:28
  But anyways, that's in the shock.
• 17:31
  OK, so that's when So anyways, it's it's it's it's also a
• 17:38
  Jewish custom to wear black at the funeral.
• 17:41
  I heard in Israel, not so much. But anyways, it's it should
• 17:46
  should not be a problem. There's a reason for it besides
• 17:49
  the fact that it started out as a Jewish custom and we're going
• 17:52
  to see the humor of the Gras even According to him, it should
• 17:55
  be, it should be allowed Ulahein amru and therefore they say
• 17:58
  sorfin al Hamilahim, the anbom mishum darke hamori, and
• 18:02
  therefore Khazal themselves say you're allowed to burn the
• 18:06
  clothing of kings or officers. Why?
• 18:10
  Because it's covered this way. No one else either.
• 18:14
  The act of burning itself was a covered Dick of act.
• 18:17
  It's like a sign of whatever or this way.
• 18:20
  It also prevented me. I'm not sure how it started.
• 18:22
  It also prevents other people from wearing it.
• 18:24
  Anyways, the point is it's an act of covered and therefore
• 18:27
  it's not a problem. Yeah, Yeah.
• 18:30
  When he died. What else do we want to just
• 18:34
  say? Fine, I'll just point out if you
• 18:40
  want to look it up in the gras. Oh, we also in the Mari Kash
• 18:46
  Eric Lechem, the Mari Kashi points out, I don't know if not
• 18:49
  everyone has it. We learned that when it comes to
• 18:52
  remove somebody from Mechis, it's not a permitted reason to
• 18:56
  do it. But it oh, this is really more
• 18:59
  for the next if I'll wait. But what I just want to point
• 19:02
  out the gras is important. The gras holds that it's a
• 19:10
  subtle difference. It's a whole Duke in the Gemara.
• 19:13
  I'll just point out the when it comes to khukos, it was an
• 19:16
  important word for the khamesh. The ramana and others point out
• 19:20
  a khuk right we often say has no reason for it, but they point he
• 19:24
  points out of course there's a reason for it.
• 19:26
  It's just not a revealed or obvious reason.
• 19:29
  A khuk always has a reason. God has a reason, Everyone has a
• 19:31
  reason. The way things mechanics work in
• 19:34
  Shamayim, everything has a reason.
• 19:35
  The Xeros and mitzvos, everything has a reason, it's
• 19:38
  just not not always known to us. So that's hukou sagoim talking
• 19:42
  about a Hulk that doesn't have that.
• 19:44
  We don't know the reason. Obviously the goy started it
• 19:46
  with the reason. Sometimes the reason gets lost,
• 19:49
  but there's always an original source.
• 19:52
  Anyways, the Gras points out even if something has a reason,
• 20:00
  it still could be usser. It's a it's a subtle difference.
• 20:05
  It's hard exactly to know how to understand the grub, but it's
• 20:08
  just he writes, even if there's a even if there's a reason, but
• 20:14
  it's it's for sure it's a goyesha start.
• 20:17
  It's aser unless it's in the Hamish or unless it's I would
• 20:26
  have done it anyway, or the Jews would have done it anyway.
• 20:30
  Just the goyim got to it first, so then he agrees that that's
• 20:34
  mutter. But anything that's you know, to
• 20:36
  elit, you need coding. You need to eat anything that
• 20:39
  has an to elit that's it's helpful for you, you know, using
• 20:44
  medicine. You can't.
• 20:45
  You don't call that Lucasa Glen. It's a subtle difference.
• 20:50
  I'm not sure if there's much of enough Camino.
• 20:52
  That's the question.