[Avodah] prozbul & heter iska

[Michael Makovi]

> <<How did the court rule?  If it ruled against the bank, does the bank
> continue to lend on the same terms?  If so it appears that it now
> agrees to those terms knowing what they >>

> I believe the secular courts ruled in favor of the banks. How we continue
> using the same heter iska is a good question
>
> any israeli lawyers in the crowd?
>
> Eli Turkel

I'm not sure, but I'll take a stab:

Rav Moshe Feinstein was asked about a Jewish-owned store that sold its
chametz to a gentile, but continued to sell the chametz to customers
over Pesach, while the sale to the gentile was still in place. RMF was
asked, perhaps this shows the sale to the gentile was invalid? RMF
answered, the guy is simply transgressing gezel from the gentile to
whom he sold his chametz, but this doesn't invalidate the original
sale for the purposes of owning chametz over Pesach.

Similarly, perhaps, if the bank transgresses on the terms of their own
heter iska, perhaps that doesn't invalidate the heter iska.

Mikha'el Makovi