S E P H A R D I C Family, Business, & Jewish Life Through the Prism of Halacha VOLUME 5779 • ISSUE XXI • PARASHAT KI TISA • A PUBLICATION OF THE SEPHARDIC HALACHA CENTER policyholder is giving money to the partnership, STATE OF which includes other Jews, in exchange for the promise of a return with interest? and THE UNION, In my opinion, this is not a problem at all. Since every policyholder receives equal treatment, REVISITED none of them is lending to another. Were the company to go bankrupt, no policyholder would personally have to pay any other policyholder. Summary of Parasha & Halacha Shiur on Ki Tissa by Rav Yehoshua Sova The promised rate of return is nothing more Adapted from a Shiur by Rav Shmuel Honigwachs than the company declaring that it is doing so Distracted by Design: How to stay Our recent article following the Kol Kore well and on such strong financial footing that focused in our Tefillah? (rabbinic proclamation) on credit unions the cash value of each policyholder’s stake will In this Parasha we read about the sin of the (“State of the Union: May One Join PenFed certainly increase by that amount. I presented golden calf. This sin was caused by a disconnect or First Atlantic?”) prompted many questions between the Jews and Hashem, as the Gemara from readers about other entities with similar this argument to Rav Shlomo Miller shlit”a and structures to credit unions, particularly mu- he concurred. compares this to a bride leaving her Huppah for tual whole life insurance companies. another man. That’s why the Midrash says they Another issue that was raised concerns the right made 13 calves, one for each Shevet, because A mutual company, also known as a cooper- of a policyholder to borrow money at interest they weren’t united. ative, is one in which the customers or clients from the company, using the cash value accu- are also the owners. In the case of insurance, a mulated within his policy as collateral. Wouldn’t The Poskim discuss whether we can make mutual company is one owned by its policy- this present a Ribbit problem? As a policyholder, forms of lions, calves etc. as a Shul decoration holders, each of whom is therefore both insur- isn’t my money potentially going to be loaned to and the like, and if a Shul already has such er and insured. other Jewish policyholders at interest? items is it permissible to remove them or is it a form of desecration. In a traditional whole life insurance policy with I believe that this is generally not a problem ei- a guaranteed return, the policyholder is guar- ther, because this loan facility appears not to be Hacham Ovadia in Yehave Daat writes that, anteed, as long as he continues to pay the pre- a true loan but simply the right to partially cash while only a carved-out form of a man and miums, a payout of the policy’s face value to out the policy with the opportunity to buy back not a drawing is a problem of crafting a form his beneficiaries upon his death. In addition, in at a slightly higher rate (the “interest”). This is which is akin to Avodah Zara, still the Ohr Zarua a cash value accrues within the policy, and it how literature from New York Life explains the writes that drawings in a Shul can distract peo- is guaranteed to grow at a designated annual feature. Presented with this literature, Rav Mill- ple from the Tefilla. Accordingly, the Maharam rate. A policyholder may borrow money from er accepted this argument as well. Of course, it M’Rottenburg writes that one shouldn’t draw the insurance company against this cash val- may be different with other insurers, so check pictures in the Siddur. Maran in his Teshuvot ue at low interest. Should he die having never with the company and a Posek. Avkat Rochel and the Hida both strongly con- paid back the loan, what he owes is deducted demn having elaborate pictures and drawings Rav Shlomo Miller on Credit Unions: An Update from the death benefit paid out to the benefi- in a Shul, that can distract people from the Te- ciary. If a policyholder chooses at any point to Corporations were created as a means to shield filla. It goes without saying that one shouldn’t surrender his policy, he receives the accrued participants in a business venture from personal bring a phone into a Bet Kenesset. spotlight liability. It has shareholders, but shareholders are cash value less fees. Furthermore, Hacham Ovadia writes that it is Did you know that members of the Even Haezer Chabura rotate every week giving shiurim on different areas of not owners. A corporation has its own identity practical issues related to Even Haezer? If credit unions are forbidden because the not called an act of desecration to the Shul to and legal “personhood”; what the corporation members are viewed as partners lending to take these designs away because it is meant to does is not attributable to its shareholders or each other with interest, readers asked, would rectify the Kavana. He cites the Tzvi Tiferet who its employees personally. As Leon Metzger, ad- a mutual life insurance company be viewed says that even sewing special designs unto the junct professor of finance at NYU’s Stern School this way too? And if so, would an insurance pol- Parochet or Sefer Torah can be a distraction. of Business, writes: “It is a myth that sharehold- icy like this be forbidden, because the Jewish [He cites the Nehar Afarsemon who jokingly (continued on back) (continued on back) Don’t miss our upcoming Business Halacha Journal topic on Ribbit. Don’t yet receive it? Visit www.TheSHC.org, call us at 732.9300.SHC (742) or email [email protected] al bowl that actually heats the water. Since, ON CONSIGNMENT however, those metal parts are intrinsic to The above discussion leads us to a possible GENERAL the preparation and come in contact with the solution, which is to sell a share of the ma- water, many Poskim maintain that the entire chine to a non-Jew, rendering him a partner HALACHA machine is considered to be of a material that and thus gaining the Heter mentioned in the KOSHER KEURIG: needs Tevilla. Rama. Although this seems like a great idea, Another consideration is that the Keurig ma- there are various early Teshuvot that discuss Dipping the Keurig Machine and utensils that are too big to be dipped, and Other Sensitive Electric Appliances chine needs electricity to function, which re- quires a connection to an outlet at all times. yet, none offer this seemingly simple solution. Reviewed by Rav Mordechai Lebhar, Rosh Kollel Therefore, some Poskim suggest that we The Aharonim try to understand why that is. Link Los Angeles and Posek for the SHC can consider it to be attached to the ground. Some present day Poskim suggest that even Utensils that are attached to the ground are the Rama never meant that one may do so generally exempt from Tevilla. However, it is L’Chat’hila – rather, the Rama was only rul- very difficult to rely on this for two reasons. ing that if one bought a utensil in partner- Firstly, many early Poskim are of the opinion ship with a gentile then, by default, they are that attaching a utensil to the ground does exempt. not absolve the obligation to dip it whatso- How about taking this loophole a step further ever. Secondly, many Poskim consider it ex- – and rather than entering a partnership – let tremely unreasonable to think that plugging us sell the entire thing to a non-Jew, and bor- in an appliance would be considered attach- row it back indefinitely. Certainly, everyone ing it to the ground. agrees that something belonging to a non- A staple in the modern day work place, the Jew is exempt even L’Chat’hila? Keurig coffee machine is a source of delight WHEN THERE IS NO SOLUTION Although Maran writes that one is permitted and relaxation from the day-to-day stress of A different line of reasoning contends that to do so if he realized he will not be able to the office. Having brewed coffee in a matter since the machine cannot be immersed with- dip his utensils on Erev Shabbat, which would of seconds without a lingering mess is a mod- out breaking it, that itself absolves one from imply that it is preferable not to rely on this ern marvel, which, with all of its metal com- doing so. There are two ways to understand method if one is able to dip his utensil, nev- ponents, leaves many observant Jews mar- this leniency. One is, that this shouldn’t be ertheless, in the Bet Yosef, Maran writes that veling about another point: is one required to any different than any other positive Mitzva, one may do so even on a weekday, if one does dip it in a Mikve before usage? of which one who is an “Oness” [lit. coerced] is זצ”ל not have a Mikve. Hacham Ovadia Yosef exempt. For instance, we find that someone compares an electric kettle or other utensils TEVILLAT KELIM whose Tzitzit tear on Shabbat may contin- that may get destroyed when dipped in a The Torah mandates that a Jew’s utensils used ue wearing them for the duration of the day Mikve to this Heter of Maran, as in both cas- in food preparation [provided they actually because they cannot be repaired anyway on es one has an extenuating circumstance that come in contact with food] must be immersed Shabbat.