Hi. My company A borrows money from another company B. Company B is a shareholder in Company A. Both companies are owned by Jews.
Company B refuse to sign a heter iska, not out of principle, but rather just a reluctance to commit in writing. It is very hard for me to avoid borrowing from Company B so I was wondering if I can structure something or do something or perhaps just write something in an email that would avoid ribis without requiring them to sign anything?
Ideally, the heter iska should be put in writing. Even if not on a seperate document a clause could be put in the loan document that everything is being done through means of a heter iska. In a case of great need even an oral agreement would suffice for a heter iska, see Kitzur Shulchan Aruch 66:7.
In any event it is crucial that both parties understand the nature and mechanics of the heter iska i order for it to have validity.