[Avodah] prosbul question
Zev Sero via Avodah
avodah at lists.aishdas.org
Tue Sep 22 11:00:40 PDT 2015
On 09/22/2015 10:04 AM, Lisa Liel wrote:
> On 9/21/2015 8:59 PM, Zev Sero via Avodah wrote:
>> On 09/17/2015 06:18 PM, Allan Engel via Avodah wrote:
>>> "...this even includes things such as food lent to a neighbour
>>> because anything which is lent out and another item is returned in
>>> its place is considered a halva'ah (a loan)"
>> Yes, of course. That is the definition of halva'ah, as opposed to she'elah.
>> Both ribbis and shemitah apply to such a transaction.
> But a book, you return the same one. Usually.
Not usually, always.
There are two utterly different kinds of transaction for which the
English language uses the same words: loan, borrow, lend. This is
surprising, since usually English is a more precise language than most,
but it is so.
She'elah: I give you my property, with permission to use it. It
remains my property, and you must return it on the agreed-upon date,
or when I ask for it, in reasonable shape given the time you had it
and the use to which you put it. In other words, in slightly worse
shape than when I gave it to you. I may do this as a favour, but
there is no mitzvah for me to do so. I am entitled to charge you
for it, in which case the transaction is called "sechirus", or in
English, "rental". Shemitah does not apply to this transaction.
Common examples: a book, a car, a tool, a pen.
Halva'ah: I give you my property, and it becomes yours. I do not
expect it back, ever. On the agreed-upon date, or when I ask, you
must give me something exactly like what I gave you. Since you
are a Jew, I have a mitzvah to do this as a favour for you, and am
forbidden from charging you anything for it, and you are forbidden
from paying me anything for it, in any form. Shemitah applies.
Common examples: $100, a cup of sugar, a rubber band.
Zev Sero GChT
zev at sero.name
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