REVACH L'DAF
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| BAVA METZIA 71 (1 Iyar 5784) - Dedicated l'Iluy Nishmas Reb Yakov Yosef ben Nosson Neta Friedman Z'L, in honor of his Yahrzeit. May Jack Friedman's exceptional Ahavas Yisrael and Ahavas Chesed be a Zechus for bringing peace and joy to his children, grandchildren and all of Klal Yisrael. Dedicated by his sons, Ari (Lawrence NY) and David (Jerusalem). |
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SUMMARY
R. Chiya the son of R. Huna says it is permitted to lend money with Ribis to a non-Jew if the money is needed for his basic necessities but otherwise it is forbidden d'Rabanan.
Ravina says that only a Talmid Chacham may lend money with Ribis to a non-Jew because there is no concern that he will learn from their deeds.
If someone has the option of lending money with Ribis to a non-Jew or to lend money to a Jew without Ribis he shall lend the money to a Jewish person without Ribis.
A person who lends money shall give priority to a poor person over a rich person, to a relative over a non- relative, to a poor person who is a resident of his own city over the residents of other cities.
If someone lends money to a Jewish person with Ribis his property will be decimated.
A Ger may not be acquired as a Jewish servant and a Ger and a woman may not acquire a Jewish servant. (1)
A woman may acquire a non-Jewish maidservant but not a non-Jewish servant according to the Tana Kama, while R. Shimon Ben Gamliel holds she may also acquire a non-Jewish servant. (2)
An Eved Nirtza and a Jewish person who is sold to non-Jew do not serve the son or daughter of the master if the master dies before the Yovel or the end of the six years.
A widow may not raise a dog nor may she host a student in her house.
A person may borrow or lend money with Ribis to a Ger Toshav.
A person who lends borrows or cosigns or acts as a witness for a loan with Ribis transgresses a Lo Sa'aseh
A person may be a cosigner for a Jewish person who borrowed from a non-Jew if the non-Jew agrees to first collect from the borrower and only if the borrower doesn't pay he will collect from the cosigner. (3)
A Yisrael may lend the money of a non-Jew with the Da'as of the non-Jew but not with the Da'as of a Jew.
If a Yisrael borrows money from a non-Jew and when he is ready to repay it his friend requests that the money shall be given to him and he will repay the non-Jew it is forbidden. (4)
If he gives the money to the non-Jew and the non-Jew gives his friend the money it is permitted.
If a non-Jew borrows money from a Yisrael with Ribis and when he is ready to repay it a Yisrael requests that the money shall be given to him and he will repay the loan it is permitted. (5)
A non-Jew may not be the Shali'ach of a Yisrael and a Yisrael may not be a Shali'ach of a non-Jew.
A BIT MORE
!. If a Ger acquires a Jewish servant it has the same Din as a Jewish servant that was acquired by a non-Jew and the servant doesn't serve the son or daughter of the Ger if the Ger dies before the end of the six years.
2. R. Shimon Ben Gamliel holds she may acquire a non-Jewish servant because she will be afraid to be Mezaneh with him because of the concern that he will publicize it while she may not acquire a Jewish servant because she is not afraid that he will publicize it if she is Mezaneh with him.
3. A non-Jew usually collects from the cosigner first and if he does so it is tantamount to the cosigner lending money with Ribis to the borrower which is forbidden if the borrower is a Jew.
4. It is considered that he is lending his friend money with Ribis and it is forbidden even though the friend is repaying the money to a non-Jew.
5. If the lender takes the money from the non-Jew and gives it to the Yisrael it is forbidden.
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BRIEF INSIGHT
LENDING WITH RIBIS
R. Shimon Ben Elazar says anyone who lends money without taking Ribis the Pasuk sat about him 'his money he didn't give with Ribis and bribery for an innocent person who did not take, the ones who do this will never falter'. What is the Chidush of R. Shimon Ben Elazar? he is only quoting a Pasuk! The Maharsha explains that R. Shimon Ben Elazar is referring to someone who has the option of lending money to a non-Jew with Ribis or to a Jewish person without Ribis. A person who chooses to lend his money to a Yisrael without Ribis even though he has the option of lending to a non-Jew with Ribis will never falter. However, if he lends money to the non-Jew with Ribis his property will be decimated even though he did not transgress the prohibition of Ribis.
QUICK HALACHAH
A JEWISH SERVANT
A Jewish servant who is sold by Beis Din may only be sold to a Yisrael or to a Ger Tzedek. Similarly, a Jewish person who is selling himself for a servant may not sell himself to a non-Jew or to a Ger Toshav, but if he transgresses this Din and sells himself to a non-Jew even to an Avodah Zarah itself it is a valid sale. If someone tells us that he is about to sell himself to a non-Jew one is not obligated to do anything until he is sold. But once he sells himself to a non-Jew even though he did something that is improper it is a Mitzvah to redeem him so that he will not become Tamei among the non-Jews. (Rambam Hilchos Avadim 1:2, 3)
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