We are now in the final stages of arranging for a mortgage to pay off outstanding debts, We have two options. One is a straight mortgage for general purposes which carries a higher interest rate longterm and will be about 200 shekels more per month. The second option is a mortgage with a shtick. My daughter would” sell” her house in to my son in law, with us helping to “pay” for it , HE would get the mortgage with us and then my daughter decides to renege on her decision and invalidate the sale. Meanwhile we get the mortgage and pay about 200 shekel less per month because it’s a regular mortgage. Is it too much of a shtick, or is it halachically ok ? Thank you.
Answer:
In making decisions on such matters, it is important to remember that in matters of money and commerce we are not charged with doing more than hishtadlus – making the effort, and leaving the rest to Hashem.
The question then is: Is this a hishtadlus that Hashem will expect of us?
I think that the answer is clearly in the negative. Making a fictive sale is effectively tricking the bank into giving a mortgage, and this is not permitted (the bank only gives the mortgage under the impression that the sale is real).
But beyond this, I can’t help feeling that the very concept of the shtick itself is not a legitimate way to save/earn money.
Best wishes and much success.
