Concern about the prohibition of 'Do not give them favor' in the business permit
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Question
I sent a question a few days ago as follows: A great perplexity arises from the prohibition of 'Do not give them favor' in the business permit. I will ask before your esteemed authority serious questions that trouble my peace, and I have not found a proper answer to them. In the business permit in the usual form, where the recipient grants the giver a share in all his businesses, he grants a part of the land to the bank owners, some of whom are non-Jews, and thus violates the prohibition of 'Do not give them favor'. And if it is written that he grants a share in all his permissible businesses, it seems to mean only his already permissible businesses and not a business that becomes forbidden by granting it. And if we say that he never granted anything but what is permissible to grant, then an ordinary person has no permissible businesses in the amount of the mortgage, and the business permit does not apply. And to say that from the non-Jewish shareholders he borrows with interest and from the Jews he takes with a business permit has flaws from several sides: the first is that this is not implied in the language of the business permit at all [it is not stated in the business permit that all money with a suspicion of interest will be considered as half a loan etc., but that any business with interest or suspicion of interest will be considered as half a loan], the second is that it seems that the bank's board of directors does not have the authority to worsen the position of the Jewish shareholders, although it is possible that in legal practice this is allowed, but it can be argued that in truth they did not participate and the board of directors was not authorized except for this, and perhaps it can be said that it was in his heart and in the heart of every person, to authorize the board of directors in such a case. The third is that since they put into another pocket when one of them acquired land, he again grants to all partners, and the non-Jew grants his right in the loan. And furthermore, if a non-Jew sells his right to an Israeli, they will stumble upon the prohibition of interest, and if an Israeli sells a share to a non-Jew, they will stumble upon the prohibition of 'Do not give them favor', and there is no end to this. It is also questionable that according to this it is forbidden to sell land to an Israeli who took money from the bank because the seller in the act of granting automatically grants to a non-Jew and also violates the prohibition of 'do not place a stumbling block' on two sides of the river etc. It is also worth noting that if someone grants the bank all his businesses and assets, he needs to immerse his vessels every day, because it is possible that at times the vessels may become more expensive and they are a good business, and it is also possible that the smallest coin in his possession belongs to the bank because the shekel may become more expensive, and he also cannot tithe his fruits because they belong to the bank, and if he betrothed a woman with a gold ring, she did not consent to be betrothed with a ring that partially belongs to the bank, and if it is entirely the bank's, she was not betrothed at all, and also in serious divorces, and may the Lord protect us, and it seems that where he writes only about his businesses, it is not considered a business at all. It is also worth noting from one matter to another in the same matter, those who fear the Lord and are careful not to enter into overdraft in the bank, and avoid any hint of interest since the bank has a general business permit that wherever there is suspicion of interest, the giver buys all the bank's assets, and if the bank gives him a benefit or the like in which there is even only suspicion of interest, he enters into serious obstacles, and even if he stipulates to take in good and permissible businesses, where the bank has no good permissible businesses [and the bank has signed a general permit in which it has already granted all its clients, those close to the Lord and those not close, the good and permissible businesses] since it is not written in the document that if there are no good permissible businesses, they will not apply in forbidden ones, he stumbles upon countless prohibitions, and it is appropriate to find a remedy for this stumbling block. With blessings And I received a response as follows: There is no prohibition of 'Do not give them favor', when given for the needs of the Israeli. And just as the sages permitted giving a gift to a non-Jew who is in business relations with him, since it is done for the continuation of his profits. And since only this will exempt from the prohibition of interest, the giving is considered for his needs. And it seems a great mistake was made, as the law of 'Do not give them favor' regarding land does not derive from the law of 'Do not give them favor' but from the law of 'Do not give them a foothold in the land', and see Chazon Ish, Sheviit 24 at length, and this was the whole great controversy in the sale permit, and I would be very happy if the rabbis of the Beit Horaah would once again engage with my question and respond to it. Thank you very much
Answer
Hello
Indeed, the response was given without proper attention to details. I apologize.
Some of the decisors have ruled that the intention of the business permit is to grant only to Israelis, and for non-Jews, no permit is needed, and the loan is given with permissible interest.
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