Sunday, February 16, 2025

Fwd: WEEK THREE: Ribbis Fundamentals


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From: Bais HaVaad Halacha Center <info-baishavaad.com@shared1.ccsend.com>
Date: Sun, Feb 16, 2025, 8:01 AM
Subject: WEEK THREE: Ribbis Fundamentals
To: <agentemes4@gmail.com>


THIS MONTH'S YORUCHA TOPIC:

RIBBIS FUNDAMENTALS

'הלכות רבית - חלק א

Week 3 Focus:

רבית דרך תנאי

  • COLLATERAL IN THE FORM OF A SALE
  • RIBBIS IN THE FORM OF A PENALTY
  • THE SHULCHAN ARUCH'S POSITION
  • THE RISHONIM WHO FORBID PENALTIES FOR 

DELAYED PAYMENT

  • A DIFFERENT UNDERSTANDING OF THE MISHNA
  • THE BUY-BACK DILEMMA
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Introduction

The world of commerce has a vast array of agreements, many of which have components that involve debt and interest on the debt, at least potentially. For example, a simple service agreement might include an accruing penalty for non-payment, or the cash deposit for a sale agreement can often have the characteristics of a loan to the seller. Some of these agreements are permitted, while others are forbidden if they resemble actual ribbis.  

Points to Ponder

• May one sign an agreement that has interest-bearing clauses if they aren't likely to be relevant?

• If an agreement will benefit a lender without obligating the borrower to pay any interest at all, such as if a third party is responsible for the interest, is that a problem of ribbis?

• May one lend money to an LLC that is owned by Jews? Can a Jew borrow money from

such a corporation?

• Can a sale agreement contain a buy-back option, or is that essentially a loan of the sale money from the buyer to the seller, and the buyer's usage of the item is his interest until he receives his money back? 

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