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8

The Shevet Halevi, Vol. 10:133, was asked this question and he says that if one buys eggs which turn out to have blood spots it should be considered a מקח טעות (a mistaken purchase), but the custom is not to consider it a מקח טעות because it is impossible to determine the nature of the eggs before they are sold. And if one borrowed eggs and some of them had ...


8

Let's try this again; [h]apotiki is the name of the game here. Rambam, Lender and Borrower 18:3 ז [ג] עשה שדהו הפותיקי לבעל חובו, או לאישה בכתובתה, והוא שיכתוב להן מכאן תגבו, ושטפה נהר--הרי זה גובה משאר נכסים, וטורף אותן; ואם התנה עימו שלא יהיה לו פירעון אלא מזו, אינו גובה משאר נכסים. If a field was specified as payment to a creditor ..., and the ...


5

The Gemara (Kiddushin 18a and Nazir 61a) states that "a non-Jew inherits from his father according to Torah law," and this is cited as halachah in Shulchan Aruch, Choshen Mishpat 283:1. So the utensil would presumably belong to the non-Jewish heir, and therefore still not require tevilah until it's returned. That said, though, Rema there cites Mordechai ...


5

The answer, in short, is that it is allowed, and there's no problem of Ribbis. Basically, Ribbis only applies where the money somehow flows from the borrower back to the lender. It does not matter if there's a third-party involved: if that third-party is being sent by the borrower, Ribbis would still apply. In this case, however, the one paying the Ribbis ...


5

In The Laws of Ribbis (chapter 4, section D, paragraph 25, page 88), Rabbi Yisroel Reisman writes: It is important that both the borrower and lender keep accurate records of how much is owed. When records are not kept, there may be uncertainty regarding the balance which is owed. In this case, the borrower may pay the lender an amount of money which is ...


4

The Chinuch (580) addresses a slightly different but related question: ואולי יעלה במחשבתך בני לאמר, ואיך ימנע אדם מהלואה לעולם מפני זה, ולמה נכתב על זה לאו, והלא בידו להתנות עמו על מנת שלא תשמיטנו בשביעית, וכדרך שאנו עושין תמיד בשטרותינו? אל יבהילך דבר זה, כי התורה תזהירנו בדברים, ואף על פי שאפשר בתקנות ותנאים.‏ And perhaps you, my son, might think ...


4

Shulchan Aruch CM 396:9 says (my own loose translation): מסרו השומר לשומר אחר, והיזק - חייב; ששומר שמסר לשומר חייב. אפילו שומר חנם שמסר לשומר שכר, ואם הזיק - חייב השומר הראשון לשלם לניזק וילך לעשות דין עם השומר השני. If a shomer gave the item to a second shomer and it was damaged - he is responsible; as the rule is that, "A shomer who gives over ...


4

Even if such a database existed, in the case of the Gemara it would not have helped the purchaser. The Gemara (12b) sets up the concern of this case to be that the document was written, but then not given to the borrower until later, in which case a purchase made between the time it was written and the time it was given would in reality not be subject to ...


3

Bava Kamma 97a/b, last line. Rav says you must pay back value, Shmuel says you can pay back even that currency and say "go spend it where it works". And even Shmuel only meant when you could get to such a place. I would presume that a with regards defunct currency that wont work anywhere, even Shmuel would agree that you must pay back value. The halachah ...


3

According to the Melbourne Kollel, They say that The Chelkas Yaakov says that Dina Demalchusa Dina does not apply here, as even according to the Rama (who says that Dina Demalchusa Dina applies even in cases which do not benefit the government directly [such as Bankruptcy]) the Dina Demalchusa must benefit the public in some way. Since bankruptcy hurts ...


3

A טלית is not necessarily a "prayer shawl" as commonly associated today. The word refers to a four-cornered wrap, like a toga, or a cape. Although it previously mentioned Tefillin the Gemara could talking about a generic cape/wrap/shawl, not a "prayer shawl" as often thought of today. On the other hand, it seems like (ahem) "Hahu Gavra" was being sort of a ...


3

The Shulchan Aruch rules (OC 14:3) that even though a man is exempt from attaching tzitzit to a borrowed four-cornered garment, if he borrowed it with tzitzit already attached, then he may say a blessing on it, implying that there is a mitzva that happens when he wears (at least a reshut--voluntary mitzva). So it would seem like there is good reason to wear ...


3

Given that the money was not given on condition and it is a regular loan: From Shut Torat Emet Siman 135: .... The malveh (lender?) has no rights on the money because they were meant to be spent. He has no business with the loveh (receiver?) until the date he has to receive the money back. If the loan is in condition then it depends on what the conditions ...


3

There's another angle to consider. If you're done reading it (I assume you must be, since you're prepared to let your friend borrow it for the duration of your week-long book loan), then there may be others who are on a waiting list for the same book. Of course you can argue that you're not obligated to return it until it's due, so the people waiting for ...


3

The answer to the first of the four bulleted items in the question, whether the scenario is an application of en hashoel rashay l'hash'il, would seem to me to be obviously "yes". Why not? Ad the other three items: Shach 342 comments on the Shulchan Aruch's "and if he lent it to others..., he's liable", saying that that's sometimes[1] not the case if the ...


3

This would not be prohibited through the laws of the land, since the First Sale Doctrine (17 United States code section 109(a))exhausts copyright lending laws at the point of sale. Normal copyright laws in halacha cover the profits from something, not the use of the object itself (Chasam Sofer Choshen Mishpat 49). Therefore, if you aren't profiting, it ...


3

Assuming that you know 100% a non-Jew will be on duty, and assuming that scanning books is forbidden on Shabbat. I think it would depend: If you have to have the book returned by Shabbat - or else incur a fine - then you are essentially asking the non-Jew to process your book now. Asking, hinting or otherwise getting a non-Jew to do work for you on ...


2

Let's assume the question is the color of the garment, not the stripes. There is actually some (small) halachic basis for such an argument. (In addition to whatever "soft" concerns about distraction, disruption, or the like.) Rambam's opinion is that if the whole tallit is pink/red/grey/yellow, then the strings (except fo the techelet one) should be ...


2

This site says Just like there is strong language when it comes to giving loans, Jewish law also uses strong words for those who take loans without the means or the intention to repay them. and quotes Rambam Hilchos Malveh veLoveh 1:3 writes (with my emphasis): Similarly, it is forbidden for a borrower to take a loan and use it when it is ...


2

The Shulchan Aruch Hilchos Ribbis Yorah Deah Siman 161 Sif 11 states that a loan document that stipulates interest - regardless if the nature of the interest could be categorized as forbidden according to the Torah or a Rabbinical prohibition - can be used to collect the principle of the loan only and not the interest on the condition that it's obvious from ...


2

The Mitzva of lending a person money is based on the pasuk "Im Kesef Talveh Ess Ami" (You Shall Lend Money To My People) (Shemos 22:24) However the lender has a right to demand proper collateral for his loan to guarantee that it will be paid back in a timely manner. If the lender is not satisfied with the guarantees provided, he has no obligation to lend, ...


2

There is a disagreement amongst the authorities what happens if the lender has given up hope ("ye'ush) of retrieving the debt, is the debt cancelled out, or does it remains. I have written an article on this in Hebrew. You can read it in the following link: https://docs.google.com/document/d/1lUYqb6ScHifOUAYC1CbYZtHczMnFYKrVQ_7A3yFGxJU/edit?usp=sharing ...


2

The torah actually does permit taking a poor man's garment as pledge for a loan. However, Devarim 24:13 says it must be returned to him at night -- he needs it to sleep in. The text here is not specific about the type of garment, but from context it sounds like it would be a wrap, cloak, or other item that could serve as a blanket. וְאִם-אִישׁ עָנִי, ...


2

He should not make a b'racha on the borrowed talis-gadol. If he will later that day get his own talis-gadol, he should then put his own on with b'racha, as if it had been tisha b'av. Regarding the talis-katan, it depends on several disagreements among authorities, and therefore goes accordig to the person-in-questions's accepted shitos: If he holds that ...


2

I think in these types of matters, one follows the general custom. I never heard of a library caring if someone lent the book to someone else. What difference would it make to them if that happened? This is not a personal loan where Reuven lends something to Shimon but didn't give permission to give it to Levi, it is large organization that lends out books. ...


2

The Gemara (Bava Metzia 104b) says of an iska (a business venture where one partner puts up the capital, the other is the manager, and they split the profits) that it is "half loan and half deposit." That being the case, the Gemara continues, "if he [the managing partner] wants to drink beer with [his half, rather than using it for the business], then that ...


2

He would have to check it if he is going to make a bracha on it. One solution to this problem is too declare ownerless your share in the Shul's tallit thereby making the tallit a borrowed tallit which is not obligated in tzitzit. This way it doesn't matter if they are invalid and you won't be making a bracha anyway. (Sources: Mishna Brurah 13 sk 15, 8 sk ...


2

As a general rule, in monetary matters, there is no difference between dealing with Jews or non-Jews; and in both cases the (written or oral) agreement between the parties is binding. Notable exceptions are: Ribis: One can never charge interest to a fellow Jew; certain types of interest are allowed when dealing with non-Jews. See the Rambam in הלכות מלווה ...


1

Seemingly the answer could be inferred from what it says in Choshen Mishpat Siman 58 Sif 4. The Machaber says that if one owes 2 separate debts to someone, the creditor may collect the money from the one who owes the debts and decide which debt he is collecting on. Not only that, says the Machaber: even if the person says he is giving the money to pay back a ...


1

I think the point is the opposite, that you would think Shmitta is approaching, so you won't lend with any expectation of repayment, so the Torah is saying then give it as a gift, or make it a loan if the person is too proud to take a gift. However, I would point out that in general the concept of a loan here is really tzedakah that you have minimal reason ...



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