Tuesday, February 25, 2025

משכנתא

One of those most commonly heard words in Israel is "משכנתא". Some people's lives almost revolve around their משכנתא. It is a DREAM [for many] to own a home [my "dream" is to live in a beautiful abode for eternity. My stay here is very short and almost over, relatively speaking] and the משכנתא - mortgage, makes the dream a reality [although it often turns into a nightmare as the משכנתא seems to never end and the house ends up costing far more than it was originally sold for].  It is really hard to buy a house straight away because most people don't have over 2-3-4 million shekel [and in some places, more] handy. It is part of ארץ ישראל נקנית ביסורין and worth it as buying land in ארץ ישראל is a mitzva. If one can't afford it then he can rent. We are ALL renters in עוה"ז anyway וד"ל!! 

But in the Gemara [.בבא מציעא ס"ב], the word משכנתא has a different meaning. 

אֲמַר לֵיהּ רָבִינָא לְרַב אָשֵׁי: וַהֲרֵי מַשְׁכַּנְתָּא בְּלָא נַכְיְיתָא – דִּבְדִינֵיהֶם מוֹצִיאִין מִלֹּוֶה לְמַלְוֶה 

רש"י - משכנתא בלא נכייתא - מלוה מעות על הכרם ואוכל את הפירות ואינו פוסק לנכות לו מן החוב כלום בשביל אכילתו ואוכל בתורת רבית:


Ravina said to Rav Ashi: But there is the case of a mashkanta without deduction, where the debtor’s field is held by the creditor until the debt is repaid, and while holding the field the creditor is allowed to consume the produce of the field without deducting from the debt the value of the produce he consumed. The consumption of the produce constitutes a type of interest, and in that case, by the laws of the gentiles one removes the interest from the possession of the borrower to give to the lender.