[Avodah] haaramah

[Zev Sero]

Richard Wolpoe wrote:
> On Mon, May 19, 2008 at 7:57 AM, Eli Turkel <eliturkel at gmail.com 

>> In a slightly different vein I have never understood heter iska when
>> there is no business involved, eg taking out a loan to finance a
>> mortgage or a car loan or even to go on vacation.

> I think a house - even a primary residence - is usually seen as  an 
> investment - and aisi in no way comparable to vacation/car [unless the 
> car is for business purposes]

But it's not a profit-making venture, so from where is the "investor"
to be paid his capital and dividend?  While there are "heterei iska"
that depend on an imaginary business that both sides stipulate is
being conducted by the "active partner", I think the better answer is
as I said earlier, that the term "heter iska" has become a generic
term for any arrangement that gets around the laws of ribbit, whether
or not there's an actual business involved.  Just as meteorology no
longer involves the study of meteors, and pencil leads are made of
graphite, a "heter iska" may not involve an actual "iska".

-- 
Zev Sero               Something has gone seriously awry with this Court's
zev at sero.name          interpretation of the Constitution.
                       	                          - Clarence Thomas