Guaranteed Low Prices and Interest: Difference between revisions
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→Difference between Pesika and a Sale
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===Difference between Pesika and a Sale=== | ===Difference between Pesika and a Sale=== | ||
# When buying a future of a commodity the seller must provide the buyer with the quantity specified irrelevant of the price change or if his wares of the commodity spoiled. That isn't considered interest since it isn't clear which commodity was sold to the buyer from the beginning.<ref>Tosfot b"m 64b s.v. hay, Rashba 64a s.v. haylech, Taz 173:18, Chelkat Binyamin 173:146. Tosfot 64b asks what is the difference between buying a barrel of wine which is problematic for interest and pesika? Tosfot explains that in pesika the seller takes all responsibility if it goes down or spoils. Since it wan’t specified which fruit he'd provide it doesn’t look like ribbit, while for a barrel of wine it looks like ribbit since the seller specifies which one.</ref> However, when the seller says he is buying specifically the wine that the seller owns then there's a greater concern of interest because if it spoils and yet the seller delivers good wine it seems that the buyer is benefiting because of his advanced payment. Nonetheless, it is permitted until the time when it is normal for wine to spoil if it was spoiled before it was sold.<ref>Chelkat Binyamin 173:146</ref> | # When buying a future of a commodity the seller must provide the buyer with the quantity specified irrelevant of the price change or if his wares of the commodity spoiled. That isn't considered interest since it isn't clear which commodity was sold to the buyer from the beginning.<ref>Tosfot b"m 64b s.v. hay, Rashba 64a s.v. haylech, Taz 173:18, Chelkat Binyamin 173:146. Tosfot 64b asks what is the difference between buying a barrel of wine which is problematic for interest and pesika? Tosfot explains that in pesika the seller takes all responsibility if it goes down or spoils. Since it wan’t specified which fruit he'd provide it doesn’t look like ribbit, while for a barrel of wine it looks like ribbit since the seller specifies which one.</ref> However, when the seller says he is buying specifically the wine that the seller owns then there's a greater concern of interest because if it spoils and yet the seller delivers good wine it seems that the buyer is benefiting because of his advanced payment. Nonetheless, it is permitted until the time when it is normal for wine to spoil if it was spoiled before it was sold.<ref>Chelkat Binyamin 173:146</ref> | ||
# When the buyer specifies a specific barrel at any time it is most problematic and is only permitted if the buyer accepts the fact that if the price increases he will receive less commodity than originally specified.<ref>Gemara Bava Metsia 64a, Shulchan Aruch Y.D. 173:13, Chelkat Binyamin 173:146<ref> It is forbidden for the seller to accept the responsibility for the change in price.<ref>Shulchan Aruch Y.D. 173:13, Shach 173:24, Taz 173:17. Netivot Moshe on Taz 173:17 explains that essentially the Shach and Taz forbid the buyer to accept responsibility for the change in price and say that they're in disagreement with the Drisha who allowed this. However, the Netivot Moshe argues that the Drisha only allowed the buyer to accept responsibility for the change in price if the seller accepts another responsibility such as if it spoils. Chavot Daat 173:18 holds it is forbidden even in such a case.</ref> | # When the buyer specifies a specific barrel at any time it is most problematic and is only permitted if the buyer accepts the fact that if the price increases he will receive less commodity than originally specified.<ref>Gemara Bava Metsia 64a, Shulchan Aruch Y.D. 173:13, Chelkat Binyamin 173:146</ref> It is forbidden for the seller to accept the responsibility for the change in price.<ref>Shulchan Aruch Y.D. 173:13, Shach 173:24, Taz 173:17. Netivot Moshe on Taz 173:17 explains that essentially the Shach and Taz forbid the buyer to accept responsibility for the change in price and say that they're in disagreement with the Drisha who allowed this. However, the Netivot Moshe argues that the Drisha only allowed the buyer to accept responsibility for the change in price if the seller accepts another responsibility such as if it spoils. Chavot Daat 173:18 holds it is forbidden even in such a case.</ref> | ||
==Sources== | ==Sources== | ||
<references/> | <references/> | ||
[[Category:Ribbit]] | [[Category:Ribbit]] | ||
