Halocho #2421 - Repaying a debt is a Mitzva

Yesterday we learnt that it's a Mitzva to lend money to a fellow Jew. 

If you know that the borrower cannot pay back then you are not allowed to ask him to repay the loan. Even walking by him intentionally is forbidden. 

There's a Mitzva to repay a loan; if the borrower already has the ability to pay back then he's forbidden to ask the lender to come back another time. 

A person who does not repay a loan is called a Rasha - a wicked person. 

A borrower may not waste the money he borrowed if that will prevent him from repaying the loan. 

One should not lend money to people who have a reputation of not repaying their debts; since one transgresses every time one nudniks them to repay. 

Source: Kitzur Shulchan Aruch 179:4 - 6

אָסוּר לִנְגֹּשׂ אֶת הַלֹּוֶה כְּשֶׁיּוֹדֵעַ שֶׁאֵין לוֹ לִפְרֹעַ. וַאֲפִלּוּ לַעֲבוֹר לְפָנָיו, אָסוּר, מִפְּנֵי שֶׁהוּא נִכְלָם בִּרְאוֹתוֹ לַמַּלְוֶה וְאֵין יָדוֹ מַשֶׂגֶת לִפְרֹעַ, וְעַל זֶה נֶאֱמַר, לֹא תִהְיֶה לוֹ כְּנשֶׁה.

וּכְשֵׁם שֶׁאָסוּר לַמַּלְוֶה לִנְגֹּשׂ אֶת הַלֹּוֶה, כָּךְ אָסוּר לַלֹּוֶה לִכְבּוֹשׁ מָמוֹן חֲבֵרוֹ שֶׁבְּיָדוֹ וְלוֹמַר לוֹ, לֵךְ וָשׁוּב, כְּשֶׁיֵשׁ לוֹ, שֶׁנֶּאֱמַר, אַל תֹּאמַר לְרֵעֲךָ לֵךְ וָשׁוּב.

אָסוּר לַלֹּוֶה לִקַּח אֶת הַהַלְוָאָה וּלְהוֹצִיאָהּ שֶׁלֹּא לְצֹרֶךְ עַד שֶׁתּוּכַל לְהֵאָבֵד וְלֹא יִמְצָא הַמַּלְוֵה מִמַּה לִּגְבּוֹת, וַאֲפִלּוּ אִם הַמַּלְוֵה הוּא עָשִׁיר גָדוֹל. וְהָעוֹשֶׂה כֵּן, נִקְרָא רָשָׁע, שֶׁנֶּאֶמַר, לֹוֶה רָשָׁע וְלֹא יְשַׁלֵּם. וְצִוּוּ חֲכָמִים, יְהִי מָמוֹן חֲבֵרְךָ חָבִיב עָלֶיךָ כְּשֶׁלָךְ. וּכְשֶׁהַמַּלְוֵה מַכִּיר אֶת הַלֹּוֶה שֶׁהוּא בַּעַל מִדָּה זֹאת שֶׁלֹּא לְהַשְׁגִּיחַ עַל מָמוֹן אֲחֵרִים, מוּטָב שֶׁלֹּא לְהַלְווֹת לוֹ, מִמַּה שֶׁיַלְוֵהוּ וְיִצְטָרֵךְ לְנָגְשׂוֹ אַחַר כָּךְ וְיַעֲבוֹר בְּכָל פַּעַם מִשּׁוּם לֹא תִהְיֶה לוֹ כְנשֶׁה.

- Danny Schoemann

Monday, 26 Iyar 5784 - 41st day of the Omer

Please daven for the full recovery of the seriously wounded soldier:

מֹשֶׁה אַהֲרֹן בֶּן לֵאָה בֵּילָא לרפואה שלמה 

Halocho #2420 - Lending is a Mitzva

It's a Mitzva to lend money to a fellow Jew. 

Included in the Mitzva is providing moral support and giving sage advice. 

Even lending money to wealthy people - if they are short of cash - is a Mitzva. 

One should not lend money without witnesses, unless the borrower provides collateral. Even better is to have the lender sign an IOU - a promissory note. 

One may not demand collateral after the loan has been given to the borrower, except in a Bet Din (Jewish Court). One may not use the collateral, as that would be a form of interest. One may rent out the collateral and deduct the rental from the loan, under certain circumstances. 

Source: Kitzur Shulchan Aruch 179:1-3, 7-8.

מִצְוַת עֲשֵׂה לְהַלְווֹת לַעֲנִיֵי יִשְֹרָאֵל, שֶׁנֶּאֱמַר, אִם כֶּסֶף תַּלְוֶה אֶת עַמִּי אֶת הֶעָנִי עִמָּךְ וְגוֹ'. וְאַף עַל גַּב דִּכְתִיב אִם, קִבְּלוּ חֲכָמֵינוּ זִכְרוֹנָם לִבְרָכָה, דְּאִם זֶה, אֵינוֹ רְשׁוּת אֶלָּא חוֹבָה. הָכִי אָמְרִינָן בִּמְכִלְתָּא, אִם כֶּסֶף תַּלְוֶה אֶת עַמִּי, חוֹבָה. אַתָּה אוֹמֵר חוֹבָה, אוֹ אֵינוֹ אֶלָּא רְשׁוּת.

אֲפִלּוּ עָשִׁיר, אִם צָרִיךְ לִלְווֹת, מִצְוָה לְהַלְווֹת לוֹ וּלְהַנּוֹתוֹ אַף בִּדְבָרִים וּלְיָעֳצוֹ עֵצָה הַהוֹגֶנֶת לוֹ.

אָסוּר לְהַלְווֹת בְּלֹא עֵדִים וַאֲפִלּוּ לְתַלְמִיד חָכָם, אֶלָּא אִם כֵּן מַלְוֵהוּ עַל הַמַּשְׁכּוֹן. וְהַמַּלְוֵה בִּשְׁטָר, מְשֻׁבָּח יוֹתֵר.

הַמַּלְוֶה עַל הַמַּשְׁכּוֹן, צָרִיךְ לִזָּהֵר שֶׁלֹא יִשְׁתַּמֵּשׁ בּוֹ, מִפְּנֵי שֶׁהוּא כְּמוֹ רִבִּית. וְאִם הִלְוָה לְעָנִי עַל מָרָא וְקַרְדֹּם וְכַיוֹצֵא בוֹ, שֶׁשְׂכָרוֹ מְרֻבָּה וְאֵינוֹ נִפְחָת אֶלָּא מְעַט, יָכוֹל לְהַשְׂכִּירוֹ אַף בְּלִי נְטִילַת רְשׁוּת מֵהַלֹּוֶה, וּלְנַכּוֹת לוֹ דְמֵי הַשְּׂכִירוּת בְּחוֹבוֹ, דְמִסְּתָמָא נִיחָא לֵהּ לַלֹּוֶה בְּכָךְ. וְיֵשׁ מִי שֶׁאוֹמֵר, דְּדַוְקָא לַאֲחֵרִים יָכוֹל לְהַשְׂכִּירוֹ, אֲבָל לֹא לְעַצְמוֹ, שֶלֹּא יַחְשְׁדוּהוּ דְמִשְׁתַּמֵּשׁ בּוֹ בְּחִנָם, רַק בִּשְׁבִיל הַהַלְוָאָה.

אִם רוֹצֶה הַמַּלְוֵה לָקַחַת מַשְִׁכּוֹן מִן הַלֹּוֶה שֶׁלֹּא בִּשְׁעַת הַלְוָאָה אֶלָּא אַחַר כָּךְ, לֹא יַעֲשֶׂה כִּי אִם עַל פִּי בֵּית דִין.

- Danny Schoemann 

Sunday, 25 Iyar 5784 - 40th day of the Omer

Please daven for the full recovery of the seriously wounded soldier:

מֹשֶׁה אַהֲרֹן בֶּן לֵאָה בֵּילָא לרפואה שלמה 

Halocho #2382 - The week of Chol Hamo'ed; Chol or Mo'ed?

The intermediary days of Pessach and Succoth are known as Chol Hamo'ed. Some types of work are permitted, others are forbidden.

In order to ensure that one does the laundry before the Mo'ed (Jewish Holiday), doing laundry is forbidden on Chol Hamo'ed, except in extenuating circumstances:

• If it was impossible to launder before the Mo'ed (e.g. one was locked up in jail) then one may launder on Chol Hamo'ed.
• Baby clothes that continuously get soiled and need to be changed many times a day may be laundered on Chol Hamo'ed.

When laundering on Chol Hamo'ed one must ensure it's done in private.

All medical procedures are allowed on Chol Hamo'ed.

If one has the opportunity to borrow money and there's reason to believe that after Yom Tov the money will no longer be available, then one may borrow the money on Chol Hamo'ed (even if it means writing an IOU), even if it's for a post-Yom Tov business deal.

Source: Kitzur Shulchan Aruch 104:13, 14, 16

אָסוּר לְכַבֵּס שׁוּם דָּבָר, אֲפִלּוּ לְצֹרֶךְ הַמּוֹעֵד, אֶלָּא אִם לֹא הָיָה אֶפְשָׁר לוֹ בְּשׁוּם אֹפֶן לְכַבֵּס קֹדֶם יוֹם טוֹב. וְכֵן מִטְפָּחוֹת שֶׁמְלַפְּפִין בָּהֶן אֶת הַתִּינוֹקוֹת (חִתּוּלִים), כֵּיוָן שֶׁמַּשְׁתִּינִין תָּדִיר וּצְרִיכִין לָהֶם הַרְבֵּה, מֻתָּר לְכַבְּסָן, וְיִזָהֲרוּ לְכַבְּסָן בְּצִנְעָא.

כָּל דָּבָר שֶׁהוּא לְצֹרֶךְ רְפוּאָה, מֻתָּר לַעֲשׂוֹת, בֵּין לְאָדָם בֵּין לִבְהֵמָה.

מִי שֶׁצָּרִיךְ לְמָעוֹת אֲפִלּוּ שֶׁלֹּא לְצֹרֶךְ הַמּוֹעֵד, אֶלָּא שֶׁהוּא חוֹשֵׁשׁ פֶּן לֹא יִמְצָא לִלְווֹת לְאַחַר הַמּוֹעֵד, וְהַמַּלְוֶה אֵינוֹ רוֹצֶה לְהַלְווֹת לוֹ בְּלִי שְׁטָר, מֻתָּר לוֹ לִכְתֹּב אֶת הַשְּׁטָר.

- Danny Schoemann

Monday, 22 Adar-2 5784

Please daven for the full recovery of the seriously wounded soldier

מֹשֶׁה אַהֲרֹן בֶּן לֵאָה בֵּיילָא

לרפואה שלמה

Halocho #811 - When must you pay the garage and tailor?

We learned that there's a Mitzva to pay wages on time, and an Aveira to pay them late.

The same applies if one gave a garment to a tailor be mended, or a car to a mechanic be serviced, or any other item to any kind of worker to be fixed, and they returned the item - or you picked it up - during the day, they must be paid on that day.

If it was returned - or you picked it up - during the night, they must be paid that same night.

If they informed you that the item is ready, then you don't have to pay, as long as you have not picked it up - no matter how long it stays by them.

Source: Kitzur Shulchan Aruch 185:4

- Danny
Wednesday, 21 Iyar 5771 - 36th day of the Omer

Halocho #810 - When must one pay weekly/monthly wages

Yesterday we learned that there's a Mitzva to pay wages on time, and an Aveira to pay them late.

The same applies to daily, weekly, monthly or yearly workers:

- If pay time arrives during the day, they must be paid before sunset
- If pay time arrives at night, they must be paid during that night

If one does not have the money to pay, one loses the Mitzva, but does not transgress. However, the correct thing to do is to borrow money so as to pay wages on time.

If the local custom is not to pay immediately, or the contract stipulates that pay day will be a few days after the job is completed (or until an invoice arrives), then one does not transgress if one waited, but one does lose the Mitzva of paying on the same day.

Source: Kitzur Shulchan Aruch 185:2-3

- Danny
Tuesday, 20 Iyar 5771 - 35th day of the Omer

Halocho #809 - Paying wages on time

Of the the 613 Mitzvot in the Torah is to pay wages on time as it says (in Devarim 24:15) בְּיוֹמוֹ תִתֵּן שְׂכָרוֹ - "on the same day you shall pay the worker's wage".

If the job ended during the daytime and one delays payment past sunset, one has forfeited this Mitzva and also transgressed the prohibition of וְלֹא תָבוֹא עָלָיו הַשֶּׁמֶשׁ (ibid) - "and the sun should not set on the worker being unpaid".

If the job ended during the night and one didn't pay the worker during that night, then one has forfeited this Mitzva and also transgressed the prohibition of לֹא תָלִין פְּעֻלַּת שָׂכִיר אִתְּךָ עַד בֹּקֶר - (Vayikra 19:13) - "do not keep the worker's wages until morning".

Source: Kitzur Shulchan Aruch 185:2

- Danny
Monday, 19 Iyar 5771 - 34th day of the Omer

Halocho #768 - When is Ta'anit Esther?

When Purim is on Sunday - like this year - then the fast of Esther is on the Thursday before. (That's tomorrow!)

If one forgets to fast on Thursday, one fasts the next day - on Friday.

Ta'anit Esther is not as stringent as other fast days, and expecting and nursing mother do not fast, nor does anybody who is unwell. When in doubt, consult with a Rabbi.

The custom is to give 3 coins to charity after Mincha on Ta'anit Esther. Each coin should be half the local currency - half dollar, half shekel, etc.

Source: Kitzur Shulchan Aruch 141:5

- Danny
Wednesday, 10 Adar II 5771

Halocho #767 - Purim gifts for the poor

One of the 613 Mitzvot in the Torah is to obey the Torah Sages. The Sages instituted Purim and its Mitzvot.

One of the Mitzvot of Purim is Matanot La'Evyonim - to send gifts to at least two needy people. This gift is usually money.

Even somebody who lives off charity needs to fulfill this Mitzva.

One needn't hand the gifts directly to the needy; one can send them via messenger (or charity organization).

Purim is the only day of the year one does not check credentials; anybody who asks for charity on Purim is given something.

Both men and women have an obligation to give Matanot La'Evyonim. Men may send Matanot La'Evyonim to women and vice versa.

Source: Kitzur Shulchan Aruch 142:3-4

- Danny
Tuesday, 9 Adar II 5771

Halocho #751 - How much does a firstborn cost?

At the Pidyon HaBen ceremony the father has to give a Cohen 5 biblical Shekalim.

5 biblical Shekalim is about 117 grams of silver (3.77 troy ounces) with a value of about $123.- at yesterday's rate.

This value can be given in coins, or other goods.

Bank notes, checks, IOUs and property are not acceptable for a Pidyon HaBen.

If the Cohen wants, he can return the money to the father, after the ceremony, but he does not have to.

Source: Kitzur Shulchan Aruch 164:1, 6

- Danny
Monday, 17 Adar-I 5771

Halocho #750 - When does one do a Pidyon HaBen?

All firstborn sons (born naturally) have to be "redeemed" by giving 5 biblical Shekalim to a Cohen; unless the baby's father is a Cohen or Levi, or his mother is the daughter of a Cohen or Levi.

The Mitzva is to be done on the 31st day of his life.

If day 31 is Shabbat or YomTov then the redemption is done at night on Motzai Shabbat or Motzai YomTov.

It is customary to have a Seuda - a festive meal - to celebrate this ceremony.

Source: Kitzur Shulchan Aruch 164:1

More details tomorrow...

- Danny
Sunday, 16 Adar-I 5771

Halocho #746 - The Sandek only holds the baby once

The person who holds the baby during the Brit Mila is called a Sandek.

The custom is that the father never honors the same person twice with Sandeka'ut. (*)

On the other hand, the custom is to always use the same Mohel, if he is available.

Even if  it was assumed that the original Mohel would be out of town, and another Mohel was asked to officiate, the original Mohel has precedence, if he's back in town on time.

Source: Kitzur Shulchan Aruch 163:1

(*) The reason  given is that being a Sandek is a Segula for prosperity, and we want to "spread the wealth". Similarly, each Cohen was only given one opportunity to bring the Ketoret (Incense) in the Bet Hamikdash, since it's a Segula for prosperity.

- Danny
Monday, 10 Adar-I 5771

Halocho #679 - Being responsible to the last minute

When returning an object that you were asked to safeguard, or when returning a loan, it must be returned to the person who gave it to you.

Giving it to a member their household is not acceptable;  if something happens to the item you would be held responsible.

However, giving it to the owner's spouse is permitted, unless you were explicitly asked not to do so, since spouses trust each other to look after each other's property.

Source: Kitzur Shulchan Aruch 188:5

- Danny
Sunday, 23 Marcheshvan 5771

Please daven for 3 year old David ben Lea who has bacteria in his blood

Halocho #675 - Lending out borrowed money

Yesterday we learned that if you borrow or hire something, you are not allowed to let other people use it, without explicit permission from the original owner.

Money is different. You may lend out money that you borrowed, since the lender does not expect you to return the same coins and bills.

However, if you are expected to return those same bills and coins, then you may not lend them to others.

For example, if they are collector's items, or they are tied up and you are safeguarding them - not using them as a loan - them you may not let others use them.

Source: Kitzur Shulchan Aruch 188:1

- Danny
Monday, 17 Marchesvan 5771

Please daven for
Rachel Rivka bat Aharona Zissel Sara (Lebetkin, 28)
who is missing since last Sunday.
Details at - http://tinyurl.com/Lebetkin  

Halocho #581 - Repaying a loan is a Mitzva

Yesterday we learned that it's a Mitzva to lend money to a fellow Jew.

If you know that the borrower cannot pay back then you are not allowed to ask him to repay the loan. Even walking by him intentionally is forbidden.

There's a Mitzva to repay a loan; if the borrower already has the ability to pay back then he's forbidden to ask the lender to come back another time.

A person who does not repay a loan is called a Rasha - a wicked person.

A borrower may not waste the money he borrowed if that will prevent him from repaying the loan.

One should not lend money to people who have a reputation of not repaying their debts; since one transgresses every time one nudniks them to repay.

Source: Kitzur Shulchan Aruch 179:4 - 6

- Danny
Wednesday, 20 Sivan 5770

Halocho #580 - Lending is a Mitzva

It's a Mitzva to lend money to a fellow Jew.

Included in the Mitzva is providing moral support and giving sage advice.

Even lending money to wealthy people - if they are short of cash - is a Mitzva.

One should not lend money without witnesses, unless the borrower provides collateral. Even better is to have the lender sign an IOU - a promissory note.

One may not demand collateral after the loan has been given to the borrower, except in a Bet Din (Jewish Court).

One may not use the collateral, as that would be a form of interest. One may rent out the collateral and deduct the rental from the loan, under certain circumstances.

Source: Kitzur Shulchan Aruch 179:1-3, 7-8

- Danny
Tuesday, 19 Sivan 5770

Halocho #579 - Be nice to me; I lent you money

In most cases, a person who received interest from a loan needs to return it.

Even if the borrower - on his own accord - returns more than he borrowed or adds a gift, it is considered interest on the loan and the lender is not allowed to accept it.

Even non-monetary gain from a debtor is forbidden. For example:

- The creditor may not ask the debtor to inform him when somebody has arrived, unless he used to do this before giving him the loan.

- The debtor may not go out of his way to greet the creditor, unless he always used to do so.

- The debtor may not patronize the creditor's business, unless he used to do so before getting the loan.

Source: Kitzur Shulchan Aruch 65: 5, 9, 10

- Danny
Monday, 18 Sivan 5770

Halocho #576 - 0% interest on loans

The Torah prohibits charging interest and paying interest to fellow Jews.
The Torah allows charging interest and paying interest to non-Jews.

A person who lends money to a Jew and charges interest, has transgressed six Torah commandments and - if he doesn't repent - will not awaken at Techiyat Hameitim - when the dead will be revived at the End of Days.

The person who borrows the money transgresses three Torah commandments.

The scribe, witnesses, co-signer and middle-man all transgress one Torah commandment.

Source: Kitzur Shulchan Aruch 65:1, 2, 4, 5, 9, 10

- Danny
Wednesday, 13 Sivan 5770

Halocho #575 - Can one walk under a ladder?

The Torah forbids one to act based on superstitions. (Vayikra 19:26)

Saying "Because the bread fell out of my mouth / my walking stick fell / a deer crossed my path, therefore I will/won't do something" is forbidden.

Similarly, when being asked for a loan at the beginning of a week / month one is forbidden to answer "please don't make me start the week / month by lending money".

Refusing to walk under a ladder for fear of injury is a Mitzva; looking after your wellbeing.

Source Kitzur Shulchan Aruch 166:1, 33:13

- Danny
Tuesday, 12 Sivan 5770

Please daven for a complete recovery for

Chagai Yitzchak ben Pnina - חגי יצחק בן פנינה

Halocho #516 - Purim gifts for the poor

One of the 613 Mitzvot in the Torah is to obey the Torah Sages. The Sages instituted Purim and its Mitzvot.

One of the Mitzvot of Purim is Matanot La'Evyonim - to send gifts to at least two needy people. This gift is usually money.

Even somebody who lives off charity needs to fulfill this Mitzva.

One needn't hand the gifts directly to the needy; one can send them via messenger (or charity organization).

Purim is the only day of the year one does not check credentials; anybody who asks for charity on Purim is given something.

Both men and women have an obligation to give Matanot La'Evyonim. Men may send Matanot La'Evyonim to women and vice versa.

Source: Kitzur Shulchan Aruch 142:3-4

- Danny
Tuesday, 2 Adar 5770

Please daven for newborn Noa Chaya bat Nava Yehudit, who is recovering from open heart surgery

Halocho #506 - Waking one's parents

This Shabbat we will read the 10 commandments - so we are reviewing the laws of the 5th commandment.

One may not wake up one's parents even if it is going to cause one a major monetary loss.

However if one's parents are going to suffer a monetary loss and they will be distressed over the loss then one must wake them.

So too one should wake them in time for prayers or for any other Mitzva.

Source: Kitzur Shulchan Aruch 143:4

- Danny
Tuesday, 18 Shvat 5770