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When a yid begins searching for a parnosa , he may look into this weeks parsha and consider his options,and their downsides.
1) Farming-agriculture. The downside is that he can't work on the 7 th year.
2) Real estate-the house he buys has to be returned to the seller on the 49 th year.
3) business- Pricing is limited. לא תונו איש את עמיתו.
one can't charge interest. There's an איסור of רבית. Interestingly, even though it's very fair,and both the borrower and the lender are willing , it's still אסור. With this ,the ט"ז explains a גמ' ב״מ עה: ״ "if משה רבנו would have know how much profit there is with interest, he wouldn't have included
it in the תורה". Did they actualy think he didnt know that? Rather what they meant was "if he would have known that even the borrower would be willing he wouldnt have prohibited it."
The אבני נזר wrote a Sefer on רבית called ברית אחים. Implying, it's between brothers. it's all fair. It's still אסור. ( that's why these הלכות are not found in חושן משפט where all other laws related to money are written. Rather they're in יורה דעה.
Because it's a חק. Like the איסור of בשר בחלב and other איסורים that don't necessarily have to make sense to us. ). Facing these options ,It's seems difficult to make a living in ארץ ישראל. but we'll see that there's a good reason for that. See the רש"י in פרשת בהר. כה. לח. אני אלקיכם ... להיות לכם לאלוקים. שכל הדר בארץ ישראל אני לו לאלקים. וכל היוצא ממנה כעובד עבודה זרה.( כתובות קי ע״ב.) לכאורה, this גמ would fit better on the פסוק that talks about יישוב ארץ ישראל. Not here on the ענין of רבית?
Also, how can that Gemara be understood when alot of גדולי ישראל lived in חו״ל?
Based on the above we can understand. In אר״י we need alot of סייעתא דשמיא to make a פרנסה. It's not natural. So we get used to living with awareness that's it's ' ה who does it for us. Hence, אני לו
לאלקים ", He says. But in חו"ל where parnosa is easier one is in danger of thinking he's
in control, and can manage without Hashem, that's כעובד עבודה זרה. Dealing with people without knowing הלכות רבית can be compared to a guy who opened a restaraunt for dairy and meaty. He had one kitchen and one set of utensils, but was confidant he'll be ok. " I don't know any הלכות בשר בחלב. So I won't have any שאלות!" he said. If were not aware of the שאלות that can come up in רבית we׳re the same as him. Even worse, because רבית is unusual in it's stringency;
1) There are 6 לאוין for the lender and 3 for the borrower.
2)The מסילת ישרים writes;in פרק יא.
עון רבית גדול הוא ככופר באלקי ישראל ח״ו. ואמרו על הפסוק ״בנשך נתן ותרבית לקח. וחי? לא יחיה!״ שאינו חי לתחיית המתים. כי הוא ואבק שלו משוקץ ומתועב בעיני ה׳.
...ואימתו מוטלת על כל איש ישראל״ עכ״ל.
3) besides the מלוה & לוה also the cosigner and the סופר are עובר. See יור״ד סימן ק״ס. )
4) One loses his פרנסה from lending even with רבית דרבנן.
5) It's as if he's כפר באלקי ישראל. וביציאת מצרים.
6) The שו״ע writes in 3 places to stay away from something ,״מאוד מאוד״.
Once in אה״ע סימן כא. From עריות. Once in חו״מ סימן ט. From bribery.
And in יור״ד סימן קס. From רבית.
Because these things, נפשן של אדם מחמדתן.
7) it says in פרקי דר״א he won't get up by תחיית המתים. The satmer rebbe said it's brought down iח the ש״ך. It's in the song he wrote encompassing the whole יור״ד. Printed in the beginning of יור״ד
״ימוט מלוה הונו. בנשך ממונו. מעיד הוא בזדונו. שכופר באדונו. לא ייקץ עמנו. ״ R׳ Akiva Eiger once paskened a שאלה based on that. There was someone
that used to lend with interest, who died. The chevra kadisha wanted to charge an exorbitant amount of money for the burial. The bereaved
family took the issue to R' akiva Eiger. He agreed with the chevra kadisha, explaining that we believe that normal burials are only temporary until תחיית המתים. So the family's only " renting" the plot. But your father won't be waking up then. He's " buying" the plot. That's a whole different price! ( even the non Jewish governor agreed to that psak).
We"ll present some cases of how these דינים apply in our daily lives, and examples of what is included in this איסור.
1) רבית דברים.
; R' S. Z. Aurbach originally said it can't be that one can't say thank you for a loan. It's basic decency. But, he was חוזר when he saw the שו״ע הרב.
(The truth is that the עשיר should really be the one thanking the עני.like the חפץ חיים says ; the עני supports the עשיר by giving him the זכות. And with that R Hirsh explains the פסוק: "והחזקת בו". It should have said והחזקת אותו"? That change implies that the עשיר is upheld through the עני. )
R schwab once borrowed money from ר ירוחם. He said thank you and was reprimanded for that " don't you know that its osser. It's רבית דברים!״. Next year he came to borrow again, but was careful not to say thank you.
" In Frankfurt they dont say thank you?!" asked ר ירוחם. Seeing r schwab was perplexed he explained . "I have to see on your face that you want to say thank you, but can't because it's אסור. "
If an investor in your business wants his money guaranteed and all liability is on the reciever, it becomes a " loan". If he profits he's taking רבית. Even if he dosn"t profit he's עובר for trying.
It would be permitted only if the investor can also incur a loss.The part of the investment that has a loss factor,is not considered a loan, and it's מותר to profit from it.( this is the concept of היתר
עיסקא. An agreement that the investor will accept a loss , when the receiver swears how much was lost. This way he feels guaranteed
without really being halachicly guaranteed.
In addition, the profit the reciever gives is considered "buying out" his חיוב שבועה. Not "profit". ואכמ״ל)
3) Paying mortgage.
you need a mortgage from the bank but have no credit. You ask your father to take it out for you assuring him you will make all the monthly payments. That will be רבית קצוצה דאורייתא. Even if it's a non Jewish bank. Even with a היתר עיסקא. Why?Because the 300,000$ he took from the bank is his personal loan.He then lent that to you. That's another loan between you and him. Therefore,when you make the bank payments( which will end up being much more than 300,000$ ) your actually paying your own loan to your father, with all that interest. And there was no היתר עסקא for that loan.
4) credit cards.
I lend my credit card to a friend to spend 15₪. He dosnt pay on time and the company charges me interest. He can't pay that extra charge. Because that's my bill to them, not his bill. He only owes me the 15₪. The rest will be רבית.
cashing/buying someone's check, for a fee. It can be רבית because it may be considered a loan. Especially in USA where a check is only a " letter to the bank" to pay the bearer. It has no intrinsic value whatsoever. Further proven by the fact that one can cancel it after it's issued. therefore if one reedeems a check of 100,000$ for 95,000$ cash, he didn't get anything in return for his money other than a "letter to the bank". He lent 95,000$. When he cashes the check, he
then receives payment of the loan. 100,000$, broken down to 95,000$. + 5000$- interest.
In Eretz yisroel or England, on the other hand, a check is " an assignment of debt". The bank now owes the buyer the money. One cannot cancel it after it's issued. Therefor it's considered a שטר חוב. Which is ok to sell. ( we'll see why, later on) Even though he's getting more than he gave. Because it was never a " loan", just a "purchase".
( this is an example why it's not enough to just read a Sefer on רבית. Things change from country to country)
Continuation of #1
6) Buying appliances with money back guarantee.
This can be רבית because when you return the appliance,retroactively your payment becomes a loan to the store. They return the " loan" and
you get your money back plus you had free use of the appliance. ( even though it wasn't a loan in regard to the מצוה if lending, it's still a loan לגבי רבית. )
7) Borrowing from pushka.
If you want to do a " mitzvah" and return more than you took, it may be רבית. Depending on what the status of a pushka is. If it's still considered ״your money״, then your borrowing from yourself and it ok to pay yourself רבית. But if it's already considered ממון עניים then they are the lenders, and it's אסור to pay them more than you
8) food and stuff.
You ask a friend for a cup of coke, and say you'll get him a full can tomorrow. That's called נשך אוכל and it's אסור. Or even if you get a cheap cigarette off him and you want to give him back a Marlboro, Is questionable. Do u have to go out and buy a
whole pack of cheap cigs just to return one?we'll see.
9) cash up front.
Sometimes there will be a certain price with a credit card, and an option for cheaper if you pay cash immediately. להלכה,The real price is the one for cash now. The credit card payment is higher because they're charging for the convenience of not paying now.They "lent" you the purchase price when you bought the item. Your credit card
payments are paying back that loan with רבית.
If one pays late they charge רבית. What's the היתר to pay it? What's the היתר to even sign up for their service. It's like making a רבית contract, which itself is אסור?
11) Early bird specials.
A deal to pay cheaper now to get a better value later. Your "lending" the money to them now. They're paying more later ,for the use of your
money now. Straight out רבית.
There are עצות for all the above cases, which we'll get to later. But one must be aware that these are שאלות and should "proceed with caution".