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Torah & Horaah — Pekudei 5784

Выпуск: Torah & Horaah — Pekudei 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 Pikudei 5784 279  Question in Choshen Mishpot  By Rabbi Yosef Fleischman Must One Pay up his Mortgage if the Bank that Granted the Mortgage was Acquired by a Jew? Answer The first point to note is that since a mortgage is a that the funds that are given initially are not a loan and every mortgage requires the borrower to loan but rather they constitute an investment on repay principal and add interest on the principal the part of the one who gives the funds in one of as per a schedule, it is forbidden from the Torah the businesses of the recipient of the funds. an investor in one of the recipient's businesses, the Rav Moshe Feinstein (Yoreh Deah 2, 62) makes this bank can structure its mortgage as an acquisition point and writes that there are two approaches by the bank of a percentage of the mortgaged that can be taken by a Jewish-owned bank to property, based on the value of the property and enable it to grant mortgages to Jewish customers. 1 Questions in all areas of halacha can be submitted to the rabbanim of our Beis Horaah at www.dinonline.org According to this, in order for a Jew to take a that there is no prohibition since it is not a mortgage from a Jewish-owned bank it is necessary partnership that belongs to individuals but a new to structure the mortgage as an investment or as entity. Should a Jewish-owned bank grant is hekdeish-the property that belongs to the Beis a mortgage to a Jew and fail to add this structure, Hamikdash, where the Gemara (BM 57B) rules both the bank and the borrower are violating the that the prohibition of ribbis does not apply. ribbis is permitted by hekdeish is not due to the Since the mortgages that were granted by this bank holiness of hekdeish but because of its public in the past did not structure them as investments ownership, and he maintains that the ownership or acquisitions, these mortgages are nothing of a corporation is similar to the ownership of but interest-bearing loans (that are secured by hekdeish. However, Rav Moshe Feinstein, in a different responsum (YD 2, 63), writes that even though In general, if a number of partners, some Jews he maintains that

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Torah & Horaah

Дата

15 марта 2024 г.

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3