Chalo-m Rav,
At the end of the topic "INSIGHTS INTO THE DAILY DAF" 64b
it's written "The SEFER TORAS RIBIS (ch. 4) quotes the SHACH".
1 - Please could give me the precise reference of the book or the reference in the SHACH. Thanks a lot
2 - It seems that the Maskana Of Rav says to his father it's Mirze ke ribis because it's befarassia but what about " extra sense of confidence due to the loan" which a personal of the Malveh ?
Toda Raba
Kol Hakavod for all the Great work which is so helpful
Berara ve Hatsala'ha
Hodech Tov Oumevarar
Marcel Mekies
Hi Marcel,
Thank you for your warm words, and for your great questions.
1. The Shach is in Shulchan Aruch, Yoreh Deah 160:11.
2. The Sefer Toras Ribis and the Shach are talking about a case in which the creditor usually uses the debtor's object before the loan. He should not do so without permission since it doesn't look good, and it seems to the people who see this that he is taking something without permission because of the loan. The way the Shach is brought down in the Insights might be a bit misleading, but if you look at the Shach inside you will see exactly what he is saying. This is actually another way to say that it is Mechzi k'Ribis, since it is b'Farhesiya -- which means that people who are not familiar with the relationship of the two, and who do not know whether usually the creditor feels free to use the debtor's items, might think he is using this item with no permission, only because of the loan.
Both the case of the Shach and the Psak of the Shach, as the case of the Gemara with the slave, are conceptually prohibited for the same reason of Mechzi k'Ribis.
Let me know if I have understood you correctly.
Best regards,
Aharon Steiner