0474 - Heter Iska - Harav Hendel

00:01 Rav Hendel, olav hashalom, from Montreal told me that when he bought his house, he bought it from a Yid, and that Yid gave him back the mortgage by himself. So he made a heter iska, a whole star should be a heter iska regarding paying the interest. When he went into yechidus to the Rebbe and he told the Rebbe what he did, how he made the star and what kind of star he made, the Rebbe said to him, that's what he told me, that what you could have done is that on the mortgage papers itself, you could have just written, "Kol zeh naseh al pi heter iska k'fishrtikun maram zal," that all this is done according to heter iska as the Maram, which is the Maram Minz, was mesaken. And that would have been enough. I wanna mention that in the Reshimas, Chever Eskuf Samech Alef, the Rebbe brings, writes, "Kemedumei Sherevei Sheleb Ginsburg Neri Yoyi Chassmi Sheladmur Marash Mesoseden," that he says it seems that Rebbe Sheleb Ginsburg, who was the son-in-law of the Rebbe Marash, HoYokeisef, would write al pi hei roe mi Labavich, from by giving a hei roe from Labavich, which seems like from the Rebbe Marash, to write, he would write these words, al pi heter iska ketikun azal, according to the heter iska, like the azal made. And by doing that, this was like a heter iska. In Shulcha Menachem, Chelek Dalet, page Kuf Alef, he brings there the gabed, the bonds that they sell from Eretz Yisroel, which is

01:37 paying their, they pay interest, and this is from a Yid, that they should at least write the words al pi heter iska. You could even write it to the Rosh HaTeivos at least, ayin pehei ayin, which is the Rosh HaTeivos, al pi heter iska. And the Rebbe's complaining why they don't do that. And he writes that in there, and when they sell it in Eretz Yisroel, it does say those words, ayin pehei ayin, al pi heter iska, but the ones that they sell in America doesn't. And the Rebbe's complaining why not. And the Rebbe says the heter that they found is a schwacher heter, especially if you could fix it very easily by writing the words beheter iska. So this all seems that just writing these words is enough. But then there's another letter that's printed from the Rebbe there, where there the Rebbe writes to a person, venigeia, writing a heter iska. So the Rebbe says that if you have the doc, if it's written in a document, there's a chezer, there's a contract. So on the contract, you could just add the words al pi heter iska, and that will be enough till the Rov is able to write a proper nusach. So from this letter is mashme that just writing these words is only a bedieveit as long till you get the regular star written properly. Then the Rebbe writes that if you can't write it on the contract itself, then you can write on a separate piece of paper that the

02:54 contract that was written between these two people with this and this date is al pi heter iska, and then you bring the signatures and the date, et cetera, as the Rebbe says there. But from this letter, it seems that it's only till you're able to make a regular normal nusach. But from the other places, it seems that this is good. And the way Rabbi Hendel told me, the Rebbe told him that he could have done this. He could have written on the mortgage papers, he could have written, "Kol zeh naseh al pi heter iska k'fishrtikun maram zal."