Guaranteed Low Prices and Interest: Difference between revisions
From Halachipedia
Guaranteed Low Prices and Interest (view source)
Revision as of 04:09, 9 August 2020
, 9 August 2020→Marketplace Price Fixed (Yatza Hashaar)
No edit summary |
|||
| Line 29: | Line 29: | ||
==Marketplace Price Fixed (Yatza Hashaar)== | ==Marketplace Price Fixed (Yatza Hashaar)== | ||
# If the price of the marketplace is fixed it is permitted to pay in advance for the later delivery of a commodity. The reason is since the marketplace price is fixed it is possible for the seller to purchase the commodity immediately with the funds of the buyer. Therefore, it is as though the commodity is already in the position of the seller.<ref>Mishna Bava Metsia 72b, Shulchan Aruch Y.D. 175:1</ref> | # If the price of the marketplace is fixed it is permitted to pay in advance for the later delivery of a commodity. The reason is since the marketplace price is fixed it is possible for the seller to purchase the commodity immediately with the funds of the buyer. Therefore, it is as though the commodity is already in the position of the seller.<ref>Mishna Bava Metsia 72b, Shulchan Aruch Y.D. 175:1. Milveh Hashem 1:9:27 has a lengthy piece discussing the reasons why having a fixed market price is reason to permit. One reason is that of Rashi 62b and 63b and Rivash 306 that since the seller could have bought the commodity it is like he has them. Alternatively, from the Gemara bava Metsia 63b it seems that the reason is that since the buyer didn't have to buy and get a delayed delivered and could have bought and received it today he didn't gain anything from this transaction. Milveh Hashem concludes that Rashi's reason has a basis and is supported by the Bet Yosef even though it is challenged by the Rashba b"m 72b.</ref> | ||
# This leniency works independent of the leniency of the seller owning the commodity (Yesh Lo).<Ref>Shulchan Aruch 163:1. See Gra 163:3 who cites Rashi who disagrees and requires both where the original sale starting with a loan.</ref> | # This leniency works independent of the leniency of the seller owning the commodity (Yesh Lo).<Ref>Shulchan Aruch 163:1. See Gra 163:3 who cites Rashi who disagrees and requires both where the original sale starting with a loan.</ref> | ||
# It is forbidden for the seller to charge less than the marketplace price since the buyer is paying in advance, even though the marketplace price is fixed.<ref>Shach 163:4 writes that the leniency of Yatza Hashaar when the contract was set up with a loan doesn't allow charging more than the marketplace price. He is writing this to answer the doubt of the Prisha. Shulchan Aruch 175:1 and 173:7 clarify this point that when using the leniency of Yatza Hashaar one must charge only that price and not a lower price.</ref> | # It is forbidden for the seller to charge less than the marketplace price since the buyer is paying in advance, even though the marketplace price is fixed.<ref>Shach 163:4 writes that the leniency of Yatza Hashaar when the contract was set up with a loan doesn't allow charging more than the marketplace price. He is writing this to answer the doubt of the Prisha. Shulchan Aruch 175:1 and 173:7 clarify this point that when using the leniency of Yatza Hashaar one must charge only that price and not a lower price.</ref> | ||
