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Torah & Horaah — Fleischman-Ki Seitsei - Shul lends money to a yeshiva and gets free minyan men — Ki Teitzei 5783

Выпуск: Torah & Horaah — Fleischman-Ki Seitsei - Shul lends money to a yeshiva and gets free minyan men — Ki Teitzei 5783. Темы: не определены автоматически. The Institute for Dayanim And under the auspices of Beis Horaah in memory of Baruch and Bracha Gross Ki Seitsei 5783 251 c Question in Choshen Mishpot d By Rabbi Yosef Fleischman Shul lends money to a yeshiva and gets free minyan men Question The yeshiva next door to our shul needs money for renovations. The The Gemoro rules that beis din should find a Gemoro asks that these terms violate the laws 1 Questions in all areas of halacha can be submitted to the rabbanim of our Beis Horaah at www.dinonline.org of ribis since an investor normally shares in waive this prohibition. the Rosh (BM 5, 50) in the name of the Geonim The Shulchan Aruch (160, 18) explicitly says and ruled by the Rambam (Malveh 4, 14): just that funds belonging to shuls have the same like the Rabbonon waived their prohibition to status as funds belonging to orphans. if the benefit that you are asking the yeshiva to Thus, if one borrowed money from orphans, he give you constitutes Torah-prohibited ribis in may not give the orphans an additional amount which case it is prohibited, or just rabbinic ribis after repaying his debt, if it is clear that the which is permitted. is ruled by the Shulchan Aruch (TD 166, 2) is The Gemoro says that in order to constitute that if the property that the lender used would Torah-prohibited interest the arrangement not have been rented otherwise and thus the must both cause a loss to the borrower and also borrower suffered no loss, the ribis prohibition a gain to the lender. clarifies that this is true even if the borrower However, the Beis Yosef deduces from the did not lose money because he never rents Rambam (Malveh 6, 2) that even if the property out the property and even if the lender did would not have been rented otherwise, the not have any monetary gain because he had Torah forbids a lender to stipulate at the time another place to live and had no need to rent he grants the loan that the loan is conditional a property. You argued that it should be permitted loan on the right to live in the property created because the yeshiva was not losing any money value for the property, which the borrower since they would not have otherwise sent their in effect gave him free of payment in order to bochurim to da

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Torah & Horaah

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25 августа 2023 г.

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4