Guaranteed Low Prices and Interest: Difference between revisions
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## Accoring to most poskim one can rely on the first method. According to others one can rely on the second method. Ideally a person would use both languages to be strict for both sides.<ref>Laws of Interest p. 41</ref> | ## Accoring to most poskim one can rely on the first method. According to others one can rely on the second method. Ideally a person would use both languages to be strict for both sides.<ref>Laws of Interest p. 41</ref> | ||
# Some poskim hold that since generally the fact that the seller lets the buyer use the product is merely in order to interest him in order buying it and there's no time-value of money because of the fact that the seller had the buyer's money in the meantime it is permitted with whatever language they use. However, even according to this opinion if it is a large sale and the time-value of money does play a role and the seller is interested in using the money of the buyer between the time of the sale and the return then it is problematic.<ref>Chelkat Binyamin 174:3. He cites Chut Shani ch. 13 and Kuntres Kitzur Dinei Ribbit Hametzuyim 9:5 to support this approach.</ref> | # Some poskim hold that since generally the fact that the seller lets the buyer use the product is merely in order to interest him in order buying it and there's no time-value of money because of the fact that the seller had the buyer's money in the meantime it is permitted with whatever language they use. However, even according to this opinion if it is a large sale and the time-value of money does play a role and the seller is interested in using the money of the buyer between the time of the sale and the return then it is problematic.<ref>Chelkat Binyamin 174:3. He cites Chut Shani ch. 13 and Kuntres Kitzur Dinei Ribbit Hametzuyim 9:5 to support this approach.</ref> | ||
# If someone sells a field or any product on condition that the seller can buy it back when he wants to that isn't a sale, rather it is considered a loan.<ref>Gemara Bava Metsia 65b, Rambam Malveh Vloveh 6:5, Rashba 3:435, Tur and Shulchan Aruch Y.D. 174:1 </ref> Therefore, it is forbidden for the buyer to use the field or product. Doing so would be either Biblical interest or rabbinic interest.<reF>Shulchan Aruch 174:1 based on Rambam Malveh Vloveh 6:5 write that it is Biblical interest to eat the fruit of a field that was sold conditionally. Shach 174:1 writes that those who hold that eating the fruit of a mashkon is only rabbinic interest would say the same in this case. See however, Rambam Malveh Vloveh 6:5-7 and Even Haezel 6:4 s.v. vheneh biyarnu who seem to imply otherwise. Taz 174:1 writes that those who think that interest that is conditional upon someone's choice, ''Sad Echad Bribbit'', is rabbinic would deem this rabbinic as well.</ref> | # If someone sells a field or any product on condition that the seller can buy it back when he wants to that isn't a sale, rather it is considered a loan.<ref>Gemara Bava Metsia 65b, Rambam Malveh Vloveh 6:5, Rashba 3:435, Tur and Shulchan Aruch Y.D. 174:1. Netivot Shalom Ribbit 174:3:2 infers from the Taz that when Shulchan Aruch says it isn't a sale he means that if the buyer ends up returning the item otherwise it is considered a complete sale.</ref> Therefore, it is forbidden for the buyer to use the field or product. Doing so would be either Biblical interest or rabbinic interest.<reF>Shulchan Aruch 174:1 based on Rambam Malveh Vloveh 6:5 write that it is Biblical interest to eat the fruit of a field that was sold conditionally. Shach 174:1 writes that those who hold that eating the fruit of a mashkon is only rabbinic interest would say the same in this case. See however, Rambam Malveh Vloveh 6:5-7 and Even Haezel 6:4 s.v. vheneh biyarnu who seem to imply otherwise. Taz 174:1 writes that those who think that interest that is conditional upon someone's choice, ''Sad Echad Bribbit'', is rabbinic would deem this rabbinic as well.</ref> | ||
#After the original sale if the buyer decides on his own violation to let the seller buy it back, he can do so and he can even grant that right to the seller with an acquisition. That wouldn't invalidate the original sale and the buyer would be permitted to use that product.<ref>Rashba (Teshuvot Chadashot 1:85), Shulchan Aruch 174:2</ref> | #After the original sale if the buyer decides on his own violation to let the seller buy it back, he can do so and he can even grant that right to the seller with an acquisition. That wouldn't invalidate the original sale and the buyer would be permitted to use that product.<ref>Rashba (Teshuvot Chadashot 1:85), Shulchan Aruch 174:2</ref> | ||
