Q&A: Heter Iska
Heter Iska
Question
Hello Rabbi, is it permitted to have an overdraft in the bank because of interest? And I understood that a heter iska is only for business owners, and there there is no interest.
Answer
As far as I know, nowadays there is a heter iska in all the banks, and it is not only for business owners. True, there are halakhic decisors who argue that it is permitted to use the heter only when you take a loan for business and not for everyday needs (because then it is hard to view the money as an investment arrangement), but opinions are divided on this, and in my view there is certainly room to be lenient. In brief: A. This is apparently a rabbinic prohibition (the question is whether this counts as a loan transaction). B. In Sho’el U-Meshiv, first edition, vol. 3, sec. 160, he argues that even everyday needs are like a business arrangement, because they are the basis for future livelihood. C. Rabbi Asher Weiss argues that with banks there is no prohibition of interest at all, and logically it seems he is right. And common practice is to be lenient about this.
Discussion on Answer
A. In my opinion there is no halakhic prohibition, but I wouldn’t go. One should weigh the harm and the benefit according to the circumstances.
B. 1. You need to return it to the army. Just make sure it really was recorded and that nobody is adopting it for himself. 2. I didn’t understand the question: theft from the public.
Hello Rabbi,
A. Why is there no issue of assisting transgressors at such a wedding?
B.2 The question is what the definition of soldiers is (borrower, unpaid custodian, paid custodian).
In what way are you assisting? They would do it without you as well, and they do the same thing with you there too. You are not helping them conduct the wedding. This is a question of legitimization, not of assistance, and therefore it is not a halakhic question.
Maybe I didn’t understand what you meant by “you don’t need to return it.” Of course you need to return it, since it belongs to the army. The army lent you uniforms? Why? I didn’t understand.
I now saw that there is an article by Rabbi Stav and his son in Tzohar, issue 39, on the subject of participating in a forbidden wedding. There is also a response in the following issue. I haven’t gone through the material, but it’s worth reading there.
The article:
The response:
There is also room to discuss this in light of the Shulchan Arukh, Yoreh De’ah, beginning of section 152; see there.
Hello Rabbi,
A. Does the Rabbi happen to know who the leaders of the community were who excommunicated Spinoza?
B. I wanted to know whether the Rabbi has an article on methods of analysis—that is, how to study the Talmud analytically.
In the future I would appreciate it if questions were directed through the site.
A. No. It’s worth searching historical sources.
B. No. I also don’t think there are general algorithms.
Hello Rabbi!
A. I am a kollel student learning in yeshiva. We started studying tractate Gittin, and over time I began to understand that it is a very complex tractate, with all the medieval authorities and later authorities, and sometimes I have crises because of the way my limited mind is built—it can’t contain the depth of these things. I get to states of sadness and lack of confidence in myself and in my ability. And to tell the truth, when I read your articles that also causes me to feel that way, because I say to myself: what am I worth compared to him? He is proficient in everything and I am just trying.
1. Are these feelings legitimate?
2. Is in-depth analytical study really dependent on talent, or can years of hard work back it up?
I would be glad if you would answer my questions.
From experience, hard work definitely changes the situation. Moreover, even if there is talent, it takes time for it to emerge and develop. Don’t let the frustration grow. Study and try to develop (and don’t go looking for novel insights; they will come in their time).
Hello Rabbi!
A. My wife’s friend is Jewish and is going to marry a non-Jew in a Reform wedding. Is it permitted for my wife to be present after the wedding ceremony, or is there a problem of assisting transgressors?
B. I was discharged from the IDF and turned in all the equipment, and I still have a pair of class-B uniforms that I don’t need to return.
1. Is it permitted for me to take it home and use it for my own enjoyment?
2. In your opinion, what is the halakhic definition of soldiers who are lent equipment?