Guaranteed Low Prices and Interest: Difference between revisions
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# If there is no fixed price in the market for an item it is permitted to pay for it in advance and have it delivered later.<ref>Gemara Bava Metsia 65a, Tosfot b"m 63b s.v. vamar, Rama 173:7</ref><ref>Rama 173:7 says you can do poskin on parah or talit even ein lo. That’s based on Tosfot 63b s.v. vamar that says if there’s no shuma then we’re not calling it agar natar we’re calling it tarsha. But what about the fact it might go up on its own like poskin al hapeirot? | # If there is no fixed price in the market for an item it is permitted to pay for it in advance and have it delivered later.<ref>Gemara Bava Metsia 65a, Tosfot b"m 63b s.v. vamar, Rama 173:7</ref><ref>Rama 173:7 says you can do poskin on parah or talit even ein lo. That’s based on Tosfot 63b s.v. vamar that says if there’s no shuma then we’re not calling it agar natar we’re calling it tarsha. But what about the fact it might go up on its own like poskin al hapeirot? | ||
* Bear Hagolah 173:18 and Tiferet Lmoshe on Shach 173:18 answer that fruit will have a market price if not now then at some later point, but a cow will never. Bear Hagolah and Tiferet Lmoshe are slightly different. Bear Hagolah says that there's no concern it'll go up in price because the seller can give the buyer a slightly cheaper cow. Chelkat Binyamin fnt. 173:349 thinks that this reasoning of the Bear Hagolah isn't precise. However, the Tiferet Lmoshe says that there's no concern it'll go up in price since the price isn't establish it never appears as interest. Chida in Birkei Yosef 173 sides with the Bear Hagolah. This approach is supported by many achronim including Shaar Deah 8, Chachmat Adam 139:4, Or Same'ach b"m 64a s.v. bs"a, Avnei Nezer YD 210:4, and Bet Meir on Taz 173:12 cited by Mesivta Yalkut Biurim b"m 63b p. 60. | * Bear Hagolah 173:18 and Tiferet Lmoshe on Shach 173:18 answer that fruit will have a market price if not now then at some later point, but a cow will never. Bear Hagolah and Tiferet Lmoshe are slightly different. Bear Hagolah says that there's no concern it'll go up in price because the seller can give the buyer a slightly cheaper cow. Chelkat Binyamin fnt. 173:349 thinks that this reasoning of the Bear Hagolah isn't precise. However, the Tiferet Lmoshe says that there's no concern it'll go up in price since the price isn't establish it never appears as interest. Chida in Birkei Yosef 173 sides with the Bear Hagolah. This approach is supported by many achronim including Shaar Deah 8, Chachmat Adam 139:4, Or Same'ach b"m 64a s.v. bs"a, Avnei Nezer YD 210:4, and Bet Meir on Taz 173:12 cited by Mesivta Yalkut Biurim b"m 63b p. 60. | ||
* Shach 173:17 answers that parah is yatzah shaar in that the factors necessary to determine its price like per pound is shaar kavuah | * Shach 173:17 answers that parah is yatzah shaar in that the factors necessary to determine its price like per pound is shaar kavuah. See Rabbenu Heshel of Cracow 173:3, the teacher of the Shach, who seems to deliberate between the approach of the Bear Hagolah and Shach. | ||
* Taz 173:12 argues on rama and says its only if it didn’t go up. | * Taz 173:12 argues on rama and says its only if it didn’t go up. | ||
* Chavot Daat 173:11 there’s no shiybud haguf here if you give them a specific item, but there is for the general fruit which you can give them any fruit. | * Chavot Daat 173:11 there’s no shiybud haguf here if you give them a specific item, but there is for the general fruit which you can give them any fruit. | ||
