Latest / SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day! / Yoreh De’ah 162:4-163:2. Interest: Lending To a Franchisee, Borrower Swearing; Different Price When the Loan is Loaned Vs. Claimed
Transcript
- 0:04Yeah, OK, good morning. We are in a person can lend his
- 0:19a recent peerage Arisa Natea Ozaraya Saldejavira someone who
- 0:23plants or you know, most of it is in someone else's field.
- 0:30The Ishlo Fessio Schlage prepares.
- 0:33Now the thing with the Arias and Arias is I mean, I'm sure that's
- 0:37some official business term. It's something similar to the
- 0:40deal is a basically you get that he he does, he does the work
- 0:46and, and the and the owners of the field get a Commission out
- 0:50of get a Commission out of the work out of the work
- 0:54sharecropper. But it it would apply nowadays
- 0:57to any sort of that's something like like, I don't know, with
- 1:02the with the right word franchise, things like that.
- 1:05It would be also applicable to A to a certain degree.
- 1:08So Saba saw so he lends in Saba saw Lazara right.
- 1:12So in the beginning he says, listen, the guys, I don't have
- 1:15any, you know, I don't have any, you know, seeds to seed the
- 1:18fields. The owner says, listen, I'll
- 1:20lend you a sub of of Zara and you'll you'll pay and then like
- 1:26the next year, whenever you'll pay me back in Sarah 0 right,
- 1:29you'll pay it. You'll pay me back being called
- 1:32in Shiara or is so there being after Shiara?
- 1:37He can he's allowed to do that. What either, you know, whether
- 1:44whether he started working or not, because the thing over
- 1:47here, the reason why it's going to be motor is because here it's
- 1:49part of his. It's part of his like, say
- 1:52contract. But if this is the these are the
- 1:55terms of his employment, so to speak.
- 1:58So therefore, it's not really alone.
- 1:59This is just part of, it's not alone of Saab Asad.
- 2:02It's sort of part of the terms of of, you know of what?
- 2:07Yeah. So you know, so you know,
- 2:09someone, let's say, you know, so let's say I guess that a
- 2:13franchise, the guy, he opens a branch of some pizza shop.
- 2:16Whatever, guys, Look, I don't have, I don't have flour.
- 2:19I don't have this, you know, whatever.
- 2:22Listen, I'll start you off. I'm going to, I'll give you, you
- 2:25know, I'll give you the flour, the sauce and things or
- 2:28whatever. And then the at some point
- 2:31you'll, you know, you'll, you'll, you'll, you'll, you'll,
- 2:33you'll replace it for me. You'll, you'll give it back to
- 2:36me. So that's going to be OK.
- 2:39All right. The Makum Shinagu Shihita Aris
- 2:440. That's OK.
- 2:45So that depends on what the general meaning of of of arisim
- 2:51is, whether the where the Aris himself usually usually get.
- 2:57He usually, you know, he invests himself, you know, but he buys
- 3:02and supplies himself. He buys zero himself.
- 3:04So then therefore this is sort of part of his payment.
- 3:07It's a part of whatever you want to say.
- 3:08It's part of the the deal of all the Malcolm should Derek bottle
- 3:11carpal eating zebra. If it's usually the Derek of the
- 3:14of the owner of the land, the landowner of the owner to give
- 3:18them the zerah in Kvar. You already saw the ulcer.
- 3:23So if he already started working, then already he
- 3:26realized, you know, I don't have Oh, I don't have the seeds, I
- 3:28don't have the materials, I don't have this.
- 3:31So then the so then already it's considered a loan outside the
- 3:36from outside the I can't say it's part of his employment.
- 3:40He has. It's only from the outside.
- 3:41He's just that's a regular loan of Saba song.
- 3:44It's going to be us, Sir. But even if it, if he does it
- 3:47beforehand, even if the ball, usually the ball Carter himself
- 3:50gives it, it's still, it would still be considered.
- 3:56It still would be, would be considered like he's making his
- 3:59own terms, even though the meaning is different.
- 4:01He's making his own terms of employment and that would be
- 4:05therefore it will be Sabasa in that case would be it wouldn't
- 4:08be. It's not considered alone
- 4:10basically. But if he already went already
- 4:12started started working, then it would be it would be considered
- 4:16would be considered alone and therefore has to fall under the
- 4:18same guidelines as any other Sabasa.
- 4:22Hey, he'll will also sign PT but also the star Leo.
- 4:26He said he lent someone to you know, to two things of wheat and
- 4:31he made a star on them. Even though you've I'm all that
- 4:34she also Hashar even if even if if the the shots of a OSHA Haya
- 4:42Lalava about me also mean you shall I leave it so if so if
- 4:50what happened if the the balls that led to me He didn't Mavar
- 4:54Yeah whether the the price came out or or he wasn't Mavar
- 4:59whether the Logan asked you know you have do you have a bit of
- 5:02the you have a bit of this These payers can go ahead and make a
- 5:12that the price didn't go. I wish I had little clue.
- 5:17They also mean and he can think in on that.
- 5:20He didn't have anything and therefore this loan was the Saba
- 5:24Saab was done. He can't if it's the age, though
- 5:31he could do some Assad. He has to pay back whatever the
- 5:34amount. You know, let's say the wheat,
- 5:35the wheat went up. You know, it went up.
- 5:38See, you know, or you know, or went down, whatever it is.
- 5:41So he so he has to pay him whatever the amount went up, he
- 5:45has to pay him the same, you know the the sale of wheat even
- 5:48though the price went up. However, if he you know, if the
- 5:52if the loan was done baser so then he only has to pay a sale
- 5:57of wheat is worth let's say say it was worth a dinner.
- 6:02So he only has to pay him a dinner and not a dinner plus,
- 6:05and he's never to make a schwalk and mostly make a Ala varaya.
- 6:12The ain't hamalva yohaloimar nisi Loma at Michelia de Aker,
- 6:17the Loma honey below das Haloiva.
- 6:20Personally, the malva can't say. But hey, wait a second.
- 6:22I was in sacking him a little bit of a bit of the the a little
- 6:27bit of wheat so that the lone would be ha, because that's not
- 6:32called because it's a deal of Zakir Anishlova fond of in
- 6:36general. In general, a person can go
- 6:38ahead and something, you know, do a for his friend.
- 6:43If it's, you know, he can mazak it to like a Kenyan to his
- 6:46friends. If it's a but you can't make a
- 6:49Kenyan force a Kenyan on someone.
- 6:51So, you know, like, you know, here, you know, take this thing,
- 6:53you know, usually, unless it's something which is an absolute.
- 6:57So the question I really ask is what's different in this in
- 7:00principle, like principle, what the kind of is is that is that
- 7:05we do we are mapped to him bit of park of it of this, but ball
- 7:09Corco in order for the principal to work.
- 7:12And we say over there, the reason it's as close is because
- 7:15the guy listen, the legal wants to be able to borrow money.
- 7:17And if it's not, if it's the principal's not going to work.
- 7:20So then the whole point of no one's going to want to, you
- 7:23know, no one's going to lend money.
- 7:24So you want to make it a open market for lending.
- 7:27So it isn't close right in there.
- 7:44Doesn't know. About it and it doesn't help
- 7:48regarding right, right, right. It's that question here that he
- 7:50did whatever it doesn't make a difference.
- 7:52He can't he can't be magnet the so they asked from post ball.
- 7:58And so here the basic idea over here is that, you know, it could
- 8:03be it could be over here that it's and the gross it's are here
- 8:06on tasks are here on so they seem to be colic on the on the
- 8:09Rama and understand that he claims that it would work.
- 8:13It could be the child over here. Maybe it's just simple that it's
- 8:16even though, yes, he wants to get a loan, but it could be
- 8:19there isn't a Hova over here that he's going to end up, you
- 8:22know, paying. He can end up paying more at the
- 8:27end. So maybe he wouldn't want that.
- 8:30I don't know. It's a bit of a mahogany over
- 8:32here, but that's the question. But you know, the question would
- 8:37have to be, you know, you'd have to ask whether a person can do
- 8:40that to get out of it. If the lover doesn't know can
- 8:43and all of us just, you know, be mashed in it mean it's sad says
- 8:47he could. No, I'm sorry, he can't.
- 8:50But it seems like the grow the talent seems to say, I don't
- 8:52understand why not. Yeah, yeah.
- 8:57The the, the, the, yeah, they're calling whatever it's it's a
- 9:02mahogas. The kids are it's a mahogas.
- 9:04And it gets more into shyles of Rosheimich.
- 9:07But you know, it could be, can it can it be, can he collect
- 9:11from the extra money? And who has, you know, and
- 9:15there's a word doesn't work. It seems to be in some mahogas.
- 9:21The aim is if he's in one place, that's if, if if he landed in
- 9:32one city and the other city the are, he said.
- 9:37OK, I'll give me back to the worth much more in the other
- 9:40city. LO ye shalin lo eh, like you
- 9:43Shalin Malcolm halva. What's coveya is the mukum of
- 9:47the halva, not the because the end.
- 9:50The problem with, you know, Sabah saw is that we say, well,
- 9:52the end you're going to end up paying more.
- 9:54So we say whatever the you know, it's it's that that is, you
- 9:59know, turns on time, but not on on a mukum.
- 10:01So therefore, wherever the loan was is what's coveya is Coveya
- 10:06how much he has to pay back. I'll go.
- 10:08I'll love it to you. Oh, it's so correct.
- 10:13But if let's say it's worth more.
- 10:18Let's say he wants to give money back.
- 10:20Let's say you know and things like that he wants so that's
- 10:23that's you go by where the price was.
- 10:25Shasava, Malcolm Hova, Gavalohi, Tiara Laloy Lava is only works
- 10:33if he has about Sakhi Tim Bisa Daikon.
- 10:39If he if he says he says I'll be if he lets in, I'm giving you a
- 10:44Sakhi team. He'll give me back.
- 10:46I think the translations Millet, whatever it is, you'll give me
- 10:52back a saw of a different grain, even if they're same exact
- 10:57price. He has Daikon that is still also
- 11:02the Hector of only on that which he's borrowing, not on that
- 11:08which he is not, not on something else.
- 11:11It's not the saw. It's a Saki team, which which
- 11:14works to be no, because of the point is that you want to say
- 11:23it's it's it's one of the things is, is that like we said, we
- 11:27said earlier, case of of the Hoshimi, like when you want to
- 11:31do Avoda, the Hoshimi, like, you know, all you know, I'll, I'll
- 11:36do the feature for you and and you'll do the feature back.
- 11:39I'll do what you know, like, you know, if if the second, if the
- 11:42second thing is, is, is a is a different Avoda, even if it's
- 11:47technically, you know, they pay the same amount per hour or
- 11:49whatever they say. That's I mean, it doesn't work
- 11:51because it could be it's nothing is exactly the same.
- 11:54I mean the robot and it could be it could end up it could end up.
- 12:00Yeah, Yeah, but I'll show you the shot.
- 12:02But I'm Shane and shovels for Ulster.
- 12:04Sometimes it's just not 100%. The point over here is you can't
- 12:07predict and they might come to rivet.
- 12:09So therefore, because also it's a hectare because of the cash
- 12:15bonus of how the war learns, don't apply if it's something
- 12:18different, right? It's only if it's exactly the
- 12:20same thing. You have dollar if you have if
- 12:23you're borrowing dollars, you have to, you know, he has to
- 12:25have dollar, London dollars. He has to have a dollar, not not
- 12:29the the shabby, like you know, the you know, the shabbiest of
- 12:35you know, well, I have half a half a sterling.
- 12:37I don't know how much it's exerted, but I'm just saying
- 12:40like it doesn't it has to be the actual actual dollar, right.
- 12:45I mean, they have basic hit him play again, place.
- 12:54Place is your is your measuring out and sending your price to
- 12:58place like something is measuring and selling your price
- 13:01or something. So Misha, someone's lending is
- 13:04someone else. Most he let's say he lent them
- 13:08$1000. Whatever the model says to
- 13:11listen, I need I need my money back now.
- 13:18I want to go ahead and I want to buy.
- 13:19I want to go buy wheat. I'm really saying the author is
- 13:24some like Shasha Shav the other hats the key team.
- 13:27So listen, I don't have the money right now, but let's make
- 13:32let's go ahead and say that I'm going to owe you key team
- 13:37instead key team Bahava, and I'm going to owe you key team
- 13:41instead of, you know, of, of money that that we're not saying
- 13:46he's converting the loans now they're.
- 13:49Denominated. Right now the thing over here is
- 13:53we're not he's not obviously the guy wants if he wants the
- 13:58heating because he wants the you know, that's not the case.
- 14:02The guy, you know the you know, he's buying the weeds in order,
- 14:05let's say it's a business deal in order to resell.
- 14:08So it doesn't make sense. So therefore he says, listen,
- 14:12I'll I'll get you heating. So right now, let's see what the
- 14:16price of heating, OK, right now. So then now now double owns in
- 14:20heating in the age of he team to share my so if he has he team in
- 14:26the exact same amount, it's it's the age low motor, right, The
- 14:30age low. You know where you can get it in
- 14:32the shark. It's called the age low.
- 14:34Or you know, a simple case he has in his warehouse.
- 14:38He has wheat because this I got wheat in my warehouse.
- 14:40I just don't want to pay you back now.
- 14:41Whenever you want you come, you come collect weed.
- 14:48What's actually happening? He says convert this convert,
- 14:51convert, make me give me a let me allow you know, let's or it
- 14:57could be it's a lawsuit of Mecher.
- 15:00No, he's not walking away. He's converting the money and
- 15:04let's make it into like a Mecher.
- 15:06You know, I, I don't know, I own, I own you know, I have
- 15:09wheat in storage. So you know, I'll give you
- 15:13whatever I'll put it. You know, I'll, I don't you
- 15:15know, I have wheat in the warehouse.
- 15:17So let's do me a favour. You know you'll put it on wheat
- 15:19and when you want to, you know when you I don't have the money
- 15:22on me right now, when you want to you, you come to the
- 15:24warehouse to get wheat right. So if he has the same exact
- 15:30amount, unlike, but I saw the saw, he killed his Amashu
- 15:35because of because the way the way the Sabasa works is that as
- 15:40a loan, as a loan goes up. So we add on to the H Lo.
- 15:45It's a little bit confusing, but here, but here, since it's like
- 15:50Makira, it's natural like a certain type of of of of sail.
- 15:54So therefore he has to have the action actually have the same
- 15:58amount. Then it's welter because then
- 16:00it's called like a sail a few Yalta Shah.
- 16:02Even if the even if the rate that you know the the price
- 16:05didn't come out, still it's considered it's considered it's
- 16:10fine being love ulcer, but if if he doesn't have it's also a few
- 16:14Yalta Shah. There's those sharp, I mean
- 16:25we're going to get into later on what there's different, there's
- 16:29different showery. Once they, there's a sharp
- 16:31bashawk, that's what we usually go by.
- 16:33Sharp bashawk is the is, you know, when they used to be, when
- 16:36they opened the shook, they said, OK, they, they, they said
- 16:39at this point in the season, this is what wheat's going for.
- 16:43I mean, supply and demand and all these different types of
- 16:45things. There were different rates that
- 16:47someone would would go ahead and buy wheat from the field before
- 16:51it made it to the to the market. There's a whole bunch of
- 16:54different, there were the whole bunch of different rates.
- 16:56So the thing that that if a person's in the shock, they're
- 16:59in the city, so they have to wait until the until the the
- 17:03price was set in the city. That's called Elsa Shah.
- 17:07If you're out in the field, If they're out in the field and
- 17:09they're buying in the field that that could be whatever, but they
- 17:11can't use that. Generally they can't use that
- 17:14price for now, but here he's saying whatever the price is
- 17:17now, even if the even if they didn't put the market price
- 17:20didn't come out yet. But this is a pre market.
- 17:23I don't know what they're going to call it price.
- 17:24So then then that would be OK being so.
- 17:29In other words, they don't he doesn't know exactly how much
- 17:33wheat he has to pay. That's the point.
- 17:36No, I mean, let's say he has enough wheat to cover.
- 17:39No, I think he knows exactly. No, he knows exactly.
- 17:43They said that he knows exactly right now the price of wheat.
- 17:46He owes them $1000 and the. No, that's why I said there's
- 17:51different charring. We say, yeah, it's a shower over
- 17:53here. It's the shower of Ashok, the
- 17:55shower of what people go into the shop to buy.
- 17:57But they didn't, they didn't, they didn't like the stuff they
- 18:00didn't release. They didn't start the market
- 18:02yet, so they didn't release the prices.
- 18:05There is a price for it. There's always a price for it,
- 18:08but it's not the it's not the consumer price.
- 18:11Let's put it let's say it like that.
- 18:12It's not the yeah, yeah. How much yes, yeah, yeah, yeah.
- 18:19So the in love. But if if he doesn't have ulcer,
- 18:22I feel Yatzel Shar if he doesn't have even if it was he wasn't
- 18:26Yatzel Shar. If he doesn't have the wheat,
- 18:29then it's not going to be it's not going to be a talking motor.
- 18:36The name on Hamaker it ain't Sarah Karaya Lajwara, but here
- 18:40also, just as before the Mokra is them out to say he has wheat.
- 18:45He doesn't need to bring Araya. We're mommying him to say that
- 18:48he has that he has wheat. The soda over here again is to
- 18:52be a similar case. You always replace the idea of
- 18:54heat with payers. You know someone has foreign
- 18:57currency. You know he he wanted he says
- 18:59that he has you know he wants to listen.
- 19:02He made the loan in, you know, made a loan in the in the
- 19:05shackles and OK, now, now let's see.
- 19:07So I need, I need to go buy dollars and listen, you know, I
- 19:10have a baking, you know, bank account.
- 19:11So Shiloh, there was a baking account is yay slow.
- 19:14It's a discussion in the police scheme whether if he can go, if
- 19:17he could go straight to the ATM and take the money out, that
- 19:21could be at yay slow because straight to the, you know, that
- 19:23that could be a session of the other already.
- 19:25That's because he can just take it out.
- 19:26There's no, it's no. The point is that yay, sure, I
- 19:29can go right now and and, and get it.
- 19:32That's the idea. Also, if it's readily available
- 19:34in the market is also considered.
- 19:36You just go get it or you see still walk 10 minutes and get
- 19:39it. But if it's you just make a
- 19:42transfer, whatever it is, then it's in the part that would be
- 19:46wouldn't be considered you. But if he had.
- 19:48But if he so let's say he says, listen, I have I have money in
- 19:51America, you know, and so you know, so yeah, so I'll I'll
- 19:57let's make the let's make the loan dollars for you and the I
- 20:00can get you the dollars. So that hard would be you know,
- 20:04will be will be motor again. That would be that would be OK.
- 20:09It's like he's selling. He's it's like he's selling him
- 20:11selling him dollars. Baeza, Hiraisha Haya, Loki team.
- 20:20But also have also a love if he had, let's say he had heating
- 20:25like the guy was stolen or a store and he was like, listen,
- 20:27he ordered, he ordered, he put a he put money down for wheat.
- 20:31But Acker's man, the guy comes back.
- 20:33But I'm really attain the heat team.
- 20:35I'm ready to listen. I got to go sell the stuff.
- 20:39You're the supplier I need. I need wheat, the leak off the
- 20:41demand. And I want to go ahead and sell
- 20:44the wheat and get wine for it. And this year, this year wine's
- 20:47going to be a Better Business. I want wine, so I'm all right,
- 20:50say the Osler. He says listen, do me a favor.
- 20:55Listen, tell you what, let's make the loan into wine like the
- 21:00Shah and the Shah and the Shah and the case of the Mishnah is
- 21:06is that he went he is a Hampshire.
- 21:09The whole it's one story that first he did we when you came
- 21:16back. Oh, I don't have wheat.
- 21:17That's all gone here. Let's do wine.
- 21:19It keeps on changing the deal. But Uncle Ponnen, it's the same.
- 21:23It's the same. It's the same thing that that
- 21:31that Uncle Ponnen that it's still it would still it would
- 21:33still work. But here it's right.
- 21:39So that's that's the thing. So that's that's the thing.
- 21:42It's later on and so once it's later on this this one of the of
- 21:48the shock, the IT was Yutsaw char.
- 21:51So then the he has to do that as he has to put it by that one
- 21:55second, one second. So a lot of these dinner will be
- 22:02explained a lot more could find Hey gets into Sika al Ashar like
- 22:06this is just this is just the you know that.
- 22:16Right. I mean the the shark says it's
- 22:19the shark quotes. What's the quoting here?
- 22:22He says it has to be the point of when it says the other sharks
- 22:26that you have to go by that rate.
- 22:28You can't make up your own rates right now and say and say, oh,
- 22:32you know, I'll give you, I'll give you, you know, I'll make
- 22:34you, I'll make you a deal. I'll give you more wine for the
- 22:37price of the wheat. You know, I'll give you a
- 22:39discount. That's The thing is this is the
- 22:44tricky part of it is, is that in every matter if he's not giving
- 22:48the stuff right, that second is already once there's a little
- 22:52bit of time in between, it's called a loan.
- 22:55He gave him money, he gave him the produce, he gave it.
- 22:58That's already called a loan unless he's like 1 transaction,
- 23:02but once already there's a positive transaction, then it's
- 23:05called then then it's called a loan.
- 23:07It's it's ribbista. Ribbana gets involved and it has
- 23:10to be done in very specific ways.
- 23:12It's one of the tricky parts of Ribbist.
- 23:13It's not ribbista. It's more the how you view each
- 23:17and every, every deal can have a thought of ribbista in it.
- 23:21If it could always be viewed as it doesn't get the product right
- 23:23away, then it's going to be considered the type of a type of
- 23:27loan. I don't even have to figure
- 23:36what's going on with the battery.
- 23:40Could be that we've just used the big batteries so much that
- 23:43it's. It's dying.
- 23:44Discharged because I charged it 2 days ago.
- 23:48Yeah, these things yesterday. And that was it.
- 23:51It shouldn't. After.
- 23:54After after a recharge, it shouldn't only last for one day,
- 23:57so that means. It's it's starting to die.
- 23:59Yeah. See, my question is the person
- 24:01has a longer person has a commodities, you know, so you
- 24:05call the fact that the gas like a cow.
- 24:07Great call leash like come on, you know, I don't know.
- 24:10I was wondering, I don't know if like if commodity, if that's a
- 24:12Yeashlow and then traders. Really need.
- 24:17Really need to learn, you know, all stocks, all stock.
- 24:20Anyone who's doing stocks, stocks are all also payers
- 24:26because it's the stock question is, is a stock, It's a it's like
- 24:31a type of you're selling a stock, it's a sale.
- 24:34A stock is a thing. It's Nyatomo and that can.
- 24:38Be bought and sold? What does that?
- 24:39Do look what what does that do? No, the problem is it's a sub.
- 24:44And so let's say I sell you a stock for a stock.
- 24:46The problem is the stock might go up in the meantime.
- 24:48A swap of stocks. A swap of stocks, No.
- 24:51If it's a trade, trade the trade, it's fine.
- 24:53But let's say you let I would look, I look at such a thing as
- 24:56lending or let's say you want to pay someone back with a backward
- 24:58stocks is that motor I guess it called payer a stock could be
- 25:02called payers again at straight transactions, OK, even if you
- 25:06start I don't know, I don't know the stock market that well and
- 25:09how these things work, you know, driving.
- 25:11Is not your standard. Yeah, it's not a standard thing,
- 25:14but what I'm what I'm saying with this, I'm just pointing out
- 25:17that like in every, in every, you know, it's, it's ribbons
- 25:22could crop up. And you know, like I said, a
- 25:23person is aware that every single time he doesn't get
- 25:26things straight, then you know, you have to just things can be
- 25:29aware, that's all. It's all I never stop this.