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Torah & Horaah — Emor 5784

Выпуск: Torah & Horaah — Emor 5784. Темы: не определены автоматически. D iN our site: WWW.dinonline.org.il THE TORAH& INTETNATIONAL BEIS HORAA The Institute for Dayanim HORAAH And under the auspices of Beis Horaah in memory of Baruch and Bracha Gross Emor 5784 286  Question in Choshen Mishpot  By Rabbi Yosef Fleischman Lent Dollars but Forgot to Ask if the Borrower Owned Dollars Question We live in Eretz Yisrael and an American friend asked me for a loan of a thousand dollars for three months. The source is because in the latter case the borrower of your issue is a Mishna (BM 75A) that rules owned wheat and borrowed wheat only that a borrower may not borrow wheat with because his wheat was temporarily the stipulation that he will return the same inaccessible, whereas in the former case amount of wheat at the time of the harvest. 1 Questions in all areas of halacha can be submitted to the rabbanim of our Beis Horaah at www.dinonline.org The Gemoro (BM 62A) states that the The Gemara (BM 72B) further states prohibition of sa'ah besa'ah is rabbinic and (according to the explanation of the Behag the SA (YD 162, 1) explains that the reason that is cited by Rashi) that if the loaned for the prohibition is that the Rabbonon object has a market price, one may lend were concerned that in the interim the an object without evaluation. are laws such as theft where the focus is Having reviewed the special laws that on value and not on the particular object, govern loans of objects we have to see if a the Rabbonon ruled that one must not loan of dollars in Israel is classified as a loan return the same amount of an object that of money or a loan of an object. the issue of what is money and what is an The Gemara (BM 75A) further states that object is a section of Gemara that rules that if one wishes to borrow an object as a in countries where gold, silver and copper loan (that is, not returning the same object coins were legal tender, only silver was that was borrowed but an object of the classified as the money, since it was most same type), the object should be evaluated commonly used in transactions. Furthermore, if they wish they Auerbach (Minchas Shlomo 1, 27, 3) leaned can even stipulate that the loan will be towards permitting loans in foreign currency repaid with the same type of object as what in Israel because he felt that the Gemoro was borrowed, with the amou

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Torah & Horaah

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17 мая 2024 г.

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4