Ribbis in the Business World - Chaim Francis: Recent Episodes

Chaim Francis

R’ Francis is currently a member at Kollel Choshen Moshpat of Lakewood, where he received Semicha on Hilchos Ribbis. The Kollel is under the tutelage of Hagoen R’ Eliyahu Levin Shlit’a. 

R’ Francis began giving shiurim on Hilchos Ribbis over two years ago upon request from a group of Bale-Batim looking to raise awareness regarding this matter. The objective of this podcast is to discuss the many potential Ribbis concerns that exist in today’s business setting, as well as their practical solutions. Topics such as Real Estate Syndication, Preferred Return and Equity, Merchant Cash Advance funding, Heter Iska, Guarantors and many other matters are discussed. Each episode is generally between 5-10 minutes long, and are presented in a clear and concise manner. 

For any questions/requests related to this podcast, personal Ribbis concerns, or if you are in need of a Heter Iska, feel free to reach out via email at Ribbistalk@gmail.com

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In this episode, we discuss whether it is permitted for someone to purchase an item on his personal credit card and have it delivered to an Amazon seller who will then reimburse him and provide an additional commission.

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In this episode we discuss whether it is permissible for a Landlord to charge a late fee to his tenants. This discussion is also relevant to Vendors who want to charge penalties to customers who are late to pay their invoices,

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In this episode, we discuss whether it is permitted for a Landlord to charge additional rent in exchange for allowing his tenant to pay at the end of the month.  We also discuss whether it is permitted for a tenant to sign a Rental Agreement that calls for a recurring penalty in the event the tenant does not make his payment.

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In this episode we discuss the prohibition of charging a customer for the option to pay on credit. We discuss the common 2/10 net 30 payment structure as well as storeowners who offer a sale to cash paying customers only.

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In this episode we discuss when startup or seed funding is considered to be a loan. Also discussed is  when a managing partner must receive additional compensation (schar tircha) for his work.

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In this episode we discuss when one needs to be concerned about Ribbis when investing. Topics such as Preferred Returns, Preferred Equity Investments, Convertible Debt and others are discussed.

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Does the Ribbis prohibition apply on a Merchant Cash Advance loan between two Jewish parties?  And would the prohibition apply to someone who is merely investing in the MCA company.

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Is it permitted to sell a debt at a discount, and how does this apply to an Accounts Receivable Purchasing arrangement.

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Is it permitted for a borrower to provide non-monetary benefits to his lender. And is a simple "thank you"  forbidden

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Is it permitted to receive a service with the condition to perform a more valuable service at a later date.

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Is it permitted for a borrower to forgive Ribbis that he already paid to his lender. And what should be done if the parties become aware of a Ribbis problem while the loan is still outstanding.

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In this episode we discuss the parameters of a lender's  responsibility to return Ribbis that he collected.

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A discussion of the recent controversy regarding purchasing a car from a Jewish seller using a Retail Installment Contract.

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A continuation of episode 27.

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When does prepaying for a purchase violate the prohibition of Ribbis? And is it permitted to give a seller a deposit (used for construction costs) when purchasing a new construction home.

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Is it permitted for a borrower to send Mishloach Manos to his lender. And does it make a difference if the borrower had done so in the past.

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Is it permitted to borrow cryptocurrencies, when the borrower is obligated to repay the lender using the same currency. This discussion is relevant even where the borrower is only required to repay the sum that he borrowed.

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Is it permissible to borrow foreign currency and repay the debt using the same currency.

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What is the appropriate Heter Iska for a refinance loan issued from a jewish lender.

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Is it permitted for a lender to require a borrower to cover the cost of inflation.

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In this episode we discuss the Halachic status of companies or banks that have both Jewish and Non-Jewish shareholders. This will determine whether it is permitted to borrow interest-loans from them.

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Is it permitted to broker a transaction that violates the Halachos of Ribbis.

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A brief explanation of how a Heter Iska works. For a longer explanation see episode 3.

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When the parties sign loan documents that refer to a transaction as an interest loan, is writing a Heter Iska an option, and must the Heter Iska be legally enforceable in a secular court. Additionally, is the lender required to give the borrower a copy of the Heter Iska?

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What is the proper way to structure a Heter Iska when the lender is receiving points or benefits at the beginning of the loan.

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What is the appropriate Heter Iska for a Jewish mortgage lender who will eventually sell the loan to Non-Jewish investors.

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Is it permitted to sign an operating agreement that calls for potential loans that violate Ribbis? And does it make a difference if the parties are confident that they will not actually transpire.

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What is the Halachic status of a Preferred Equity structure? Is it considered a loan or investment.

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Is it permitted for a partner to lend personal funds to his business and collect interest.

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A continuation of episode 11.

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Is it permitted for a partner to borrow funds from his personal line of credit and deposit them into the business under the same terms that he has to his creditor. And can a partner swipe his personal credit card, when the payments will be made directly from the business.

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Is it permitted for a partner to guarantee a loan on behalf of his business. And is it permitted for partners to accept Joint and Several liability.

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Is it permitted for a jewish person to co-sign a loan between a non-jewish lender and jewish borrower.

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In this episode we discuss the opinion of R' Moshe Feinstien zt'l regarding non-recourse loans.

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When someone is borrowing funds for personal expenses, but not to invest, can a Heter Iska be used.

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When a partner lends personal funds to his business what is the proper way to structure the Heter Iska.

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How high can the profit agreement of a Heter Iska be? This is a discussion relevant for high interest or Merchant Cash Advance loans.

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This episode discusses the two forms of Heter Iska's, known as a  Chatzei Milvah and Kuloi Pikadon.

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An important introduction to understanding a Heter Iska: In this episode we discuss the basic distinction between a loan and an investment.

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An explanation how a Heter Iska helps circumvent the Ribbis violation. For a shorter explanation see episode 18.