Showing posts with label Gemora Bava Metzia 71. Show all posts
Showing posts with label Gemora Bava Metzia 71. Show all posts

Monday, July 06, 2009

Interest-Free Loans

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The Gemora quotes a different version of Rav Huna’s statement. Rav Yosef explained that the verse discussing lending states: if you will lend money to Ami – my nation, to the Ani – the poor one – Imach – with you. This verse teaches that the priority in lending is first to a Jew over a non Jew (Ami), then to a poor person over a rich person (Ani), and to a local poor person over a poor person somewhere else (Imach). Rav Huna says that the priority given to a Jewish debtor is even when the non Jewish debtor will pay interest.

The Pnei Yehoshua discusses what the halachah would be in a case where if he would lend money with interest to a gentile, he would gain substantially. Is he still required to lend to a Jew without interest?

He questions the basis of the halachah: Do we not say that whenever a person would suffer a loss, his needs take precedence over others?

He answers that it is different here, for the mitzvah to lend to a poor person is a mitzvah of tzedakah; one is required to do whatever is in his means in order to sustain his fellow Jew. One must be concerned about his own losses only when the mitzvah regarding his fellow is to prevent him from a loss.

The Megilas Esther writes that one is obligated to lend to a Jew interest-free even if he has the possibility of lending to a gentile for a substantial amount of interest. This is because the Jew is not losing; he is merely not gaining.

The Shaar Hamishpat disagrees with this, and Ahavas Chesed cites several different opinions with respect to this issue.

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Don't Call him Evil

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The Gemora states: If he calls him a evil person, he (the insulted person) may descend against his life (he is permitted to hate him to such a extent that he may attempt to reduce his income).

Rashi explains this to mean that the insulted person may fight with him as if the libeler hit him, and it is as if he was coming to kill him. Furthermore, Rashi heard that he can compete against him in his line of business in an attempt to decrease his income.

Rashi asks that it is hard to understand how the Chachamim would allow this person to take revenge.

Some answer that here it is permitted because he suffered personally and he was subject to a public humiliation. The Chafetz Chaim, however, writes that it is unclear if this is the accepted halachah, and therefore, one should be stringent in the matter and not take revenge.

Others answer that it is permitted because if people think that he is indeed a evil person, his income will suffer tremendously, for people will not have compassion on him.

Tosfos writes in the name of the Gaonim that it is permitted to burn one-third of his grain. Tosfos concludes that this is bewildering, for where is the source for this?

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Monday, November 10, 2008

Don't Call him Evil

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The Gemora Kiddushin Daf 28 states: One who calls someone else a slave should be excommunicated! If he calls him a mamzer, he receives lashes! If he calls him an evil person, he (the insulted person) may descend against his life (he is permitted to hate him to such an extent that he may attempt to reduce his income).

Rashi in Bava Metzia (71a) explains this to mean that the insulted person may fight with him as if the libeler hit him, and it is as if he was coming to kill him. Furthermore, Rashi heard that he can compete against him in his line of business in an attempt to decrease his income.

Rashi asks that it is hard to understand how the Chachamim would allow this person to take revenge.

Some answer that here it is permitted because he suffered personally and he was subject to a public humiliation. The Chafetz Chaim, however, writes that it is unclear if this is the accepted halachah, and therefore, one should be stringent in the matter and not take revenge.

Others answer that it is permitted because if people think that he is indeed an evil person, his income will suffer tremendously, for people will not have compassion on him.

Tosfos in Bava Metzia writes in the name of the Gaonim that it is permitted to burn one-third of his grain. Tosfos concludes that this is bewildering, for where is the source for this?

Read more!