When Is It Permitted to Benefit the Lender: Difference between revisions
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When Is It Permitted to Benefit the Lender (view source)
Revision as of 22:16, 6 May 2020
, 6 May 2020→Collateral Fields
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# There is no minimum price above a [[pruta]] that the lender has to offer the borrower for the fruits each year.<ref>Shulchan Aruch Y.D. 172:1 writes a small amount. Shach 172:6 writes that it doesn't need to be the amount set by the Torah to redeem a field which is a sela and a pundiyon for a field the size of a chomer unlike the opinion of the Hagahot Mordechai 436. Netivot Moshe Shach 172:2 writes that perhaps even the Hagahot Mordechai would agree for a Mashkanta Dsura and only held his opinion with respect to a regular collateral. Chelkat Binyamin 172:1 p. 424 s.v. umenakeh based on Radvaz 186 writes that perhaps one couldn't pay such a small amount that it would be evident that it is because of interest. However, Chelkat Binyamin isn't certain that it applies to Mashkanta Dsura.</ref> | # There is no minimum price above a [[pruta]] that the lender has to offer the borrower for the fruits each year.<ref>Shulchan Aruch Y.D. 172:1 writes a small amount. Shach 172:6 writes that it doesn't need to be the amount set by the Torah to redeem a field which is a sela and a pundiyon for a field the size of a chomer unlike the opinion of the Hagahot Mordechai 436. Netivot Moshe Shach 172:2 writes that perhaps even the Hagahot Mordechai would agree for a Mashkanta Dsura and only held his opinion with respect to a regular collateral. Chelkat Binyamin 172:1 p. 424 s.v. umenakeh based on Radvaz 186 writes that perhaps one couldn't pay such a small amount that it would be evident that it is because of interest. However, Chelkat Binyamin isn't certain that it applies to Mashkanta Dsura.</ref> | ||
# If the lender eats the fruit of the field of the borrower that was a collateral some say that it is Biblical interest,<Ref>Shulchan Aruch Y.D. 164:4</ref> while others hold it is only rabbinic interest.<ref>Rama 164:4</ref> | # If the lender eats the fruit of the field of the borrower that was a collateral some say that it is Biblical interest,<Ref>Shulchan Aruch Y.D. 164:4</ref> while others hold it is only rabbinic interest.<ref>Rama 164:4</ref> | ||
# If the lender pays the borrower so that he is obligated to fix somethings with the collateral it is permitted. However, if the lender pays the borrower so that he should accept responsible for everything about the collateral such that if it is destroyed he is to replace it that is forbidden.<Ref>Shulchan Aruch Y.D. 172:3</ref> | |||
# It is permitted to redeem a collateral part at a time, however, if there was a stipulation for the lender to eat the fruit for a certain deduction he can continue to do so the entire duration of the originally stipulated loan.<ref>Rama 172:3, Shach 172:22, Gra 172:15</ref> | |||
==Payments from a Third Party to Create a Loan== | ==Payments from a Third Party to Create a Loan== | ||
