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Torah & Horaah — Fleischman-Lech Lecho - Collecting a loan from the heirs of one who borrowed with a heter isska-Part 2 — Lech-Lecha 5784

Выпуск: Torah & Horaah — Fleischman-Lech Lecho - Collecting a loan from the heirs of one who borrowed with a heter isska-Part 2 — Lech-Lecha 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 Lech Lecho 5784 259  Question in Choshen Mishpot  By Rabbi Yosef Fleischman Collecting a loan from the heirs of one who borrowed with a heter isska-Part 2 Question I lent twenty thousand dollars with a heter isska for three years to someone who recently passed away. The usual heter isska adds a clause answer to your question depends on the that the investor will receive a certain nature of the oath that the recipient must amount (known as the sechum hapeshara) swear under the terms of the heter isska that is additional to the amount that he if he wishes to claim that the profits that invested, unless the recipient swears he earned do not justify payment of the that the profits earned do not justify this sechum hapeshara. Half is a loan from which the investor The position of the Tur Ha'even was that earns no profits and half is an investment when one borrows using a heter isska, from which the investor earns the entire the recipient fully accepts upon himself 1 Questions in all areas of halacha can be submitted to the rabbanim of our Beis Horaah at www.dinonline.org liability to pay the sechum hapeshara and Since the nature of their relationship is only leaves himself a possibility to avoid an isska which requires the recipient to payment if he actually swears. (Others who give half of his profits to the investor, the agree with the Tur Ha'even are the Atsei investor may demand a shevuas hashutfim Halevono, Sha'ar Mishpot, Maharsham, from the recipient that he is giving him at Chochmas Odom and others.) The oath least half of his profits i.e., that he did not is specific to a heter isska since in order earn more than double the amount the that the heter isska will not be considered recipient is agreeing to give to the investor. ribbis the recipient must have some way to However, the investor agrees to forego his avoid having to pay more than the amount right to demand an oath that he is receiving that he borrowed (in this case the sechum half of the profits, if the recipient pays the hapeshara). The s

Издание

Torah & Horaah

Дата

27 октября 2023 г.

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4