Question:

Shalom u-verakhah!

  1. If a shul borrows money with interest (as required by the IRS) from specific congregants, does the Shul need to write a heter iska?
  2. Also, why do standard heter iska forms often reference a sefer like Nachalas Shiva or Bris Yehudah and simply state that the terms of the contract abide by those outlined in those sefer. How can someone agree to terms not clearly explained or written in the shtar itself?

Answer:

  1. If a shul borrow money with interest, they also need a heter iska, because the gabbai or someone else is accountable that the money be paid back.
  2. It is very impractical to write all of hilchos ribbis in the actual text of the heter iska, and by writing this they are making clear that the conditions are according to what is written there. This is no different than a contract that states that any disagreements regarding the contract will go to arbitration with a certain rov or bais din.

Best Wishes

Sources:

  1. Chavatzeles Hasharon brought in Bris Yehuda 6 ftnt. 6, Bris Pinchos 20-11.

Tags: Heter Iska ribbis

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