Tuesday, October 12, 2021

Fwd: Business Halacha Daily


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From: Bais HaVaad Halacha Center <info@baishavaad.com>
Date: Tue, Oct 12, 2021, 2:00 PM
Subject: Business Halacha Daily
To: <agentemes4@gmail.com>


Does Someone Have to Give Up an Investment Opportunity to Give a Loan?  


Question:  Generally, when someone gives a loan, we don't view it as a loss to the lender; however, there are instances when a lender may lose by loaning his money to someone. For example, the lender may have a potential business opportunity to invest in that he could have turned a profit if he were to keep the money for himself. In such a situation, is he obligated to lend the money and fulfill the mitzvah of "im kesef talvah", or can he keep it for his own investment?

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Answer: The Gemara says that one must lend money to a Jew even if he could have lent it with interest to a non-Jew, and thereby made a profit with the money. We see that one must perform the mitzvah of lending money even if it means that he will suffer a loss of opportunity as a result. 

The Acharonim debate how much profit one must be willing to forgo to fulfill this mitzvah. Some say that one must even be willing to forgo a large amount of ribbis in order to lend his money to a Jew. Others disagree and say that one must forgo a small gain, but if he stands to lose a large profit, he doesn't have to lend the money to a Jew for free. 

The same would apply in the case in question. The lender should be prepared to forgo a small profit in order to lend out the money, but whether or not he needs to forgo a large investment profit is a machlokes. [Rav Moshe Feinstein's opinion is that one does not need to forgo a large profit (YD 3:93).] 

Furthermore, the Poskim note that if one needs the money for his livelihood, meaning that his parnassah comes from making investments or lending out money to non-Jews with interest, he does not need to forgo his entire business in order to lend money to Jewish people.

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