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IN-DEPTH FEATURES
When is it permissible to take out a loan and when not?
Why do observant people sometimes transgress halachos
regarding money? Is a person allowed to intentionally choose
a life of poverty if they won't feel spiritually rich? Rav
Meir Kessler, the chief rabbi of Kiryat Sefer, deals with
these questions on a daily basis. Here, he presents a
halachic standpoint.
*
Before we begin answering questions, it is important to
address one of the fundamental aspects of a home in which the
father learns all day and isn't working.
The financial situation of the Israeli chareidi population
has become a much-discussed topic in Israel. The topic's
prominence is a result of the growth in the chareidi
population due to their large family size on the one hand and
of their poverty on the other. These two facts cause
politicians and academics to express their concern that the
growing chareidi population will be burden on the rest of the
country. There are even those who are so "worried" about us
that they've devised all sorts of plans.
One "expert" suggested establishing special schools for
higher education specifically for chareidim. In order to
encourage parents to enroll their children, he suggested that
the government give extra money to the families of the
children attending these schools. This is only one example of
the malicious ideas proposed. It is obvious that these ideas
wouldn't even be considered by chareidim.
The suggestions do, however, illustrate the financial
situation of the chareidi population. The chareidi community
is generally accepting of its financial situation, as most of
today's avreichim come from families where their
fathers, and possibly their grandfathers, learned.
People have generally become accustomed to dealing with the
difficulties associated with poverty. While poverty is
becoming to a Jewish home (Chagigah), it is more
difficult to bear inside the house than fifty lashes (Bovo
Basra). The gemora cites Iyov's friends as a
proof. They told Iyov that his suffering was not so bad as he
hadn't been hit with poverty. The contradiction is apparent:
On the one hand, poverty is proper for a Jewish home. While
on the other, it is worse than all of Iyov's torment!
The explanation is that there is a kind of poverty that isn't
felt within the home. It isn't a constant companion, though
it exists. If you enter such a house, you would see that the
atmosphere is a happy one, that the family has
bitochon and that the house was full of life. This is
the kind of poverty that is becoming for a Jewish home.
The other type of poverty, however, creates a terrible
atmosphere in the home and it truly is unbearable. The latter
is worse than all of Iyov's suffering. That is why poverty
felt inside the house is terrible.
Every person who has chosen to live a life of poverty must
make sure that his house won't become an unhappy place due to
a lack of material possessions. He must ensure that the
atmosphere in his home will be one of wealth as his family
will be content with what they have!
*
When is it permissible to accept a loan and when
not?
There are two types of permissible loans. The standard type
is for someone who needs funds in order to stabilize his
business. When the business becomes profitable, he will use
the profits to pay back the loan. The second type of loan is
for someone who needs to borrow money in order to attend to
his most basic needs. This type of loan is permissible even
when a person doesn't know how he will repay it since it
falls under the category of tzedokoh. (Loans provided
in order to enable a person to establish a business are not
considered tzedokoh.)
The aforementioned applies to one-time needs such as
unexpected expenses or situations in which salaries have been
delayed, for example.
However when people just become accustomed to taking loans
even without a special reason, they tend to spend recklessly.
They say to themselves that it really doesn't matter how much
they spend, as they'll need to borrow more money anyway.
That's how people become used to living without a budget;
that's when they begin to buy more than the essential
minimum. When one becomes habituated to borrowing money for
necessary expenditures, he'll soon borrow money for luxuries,
also.
Sometimes people take out loans in order to expand their
apartments or refurnish them. This is generally not a valid
reason to go into heavy debt without having a clear plan as
to how to realistically repay the money. If it weren't for
gemachim, people would generally refrain from entering
into debt for these types of expenditures. It is only because
the gemachim make it relatively easy to borrow money
that people avail themselves of the opportunity.
Are there situations in which it is not a mitzvah to lend
people money?
When a person requests money for a nonessential purpose and
he has no realistic means of repaying the debt without
borrowing money from another source, then it is not a mitzvah
to lend him money. The reason to lend people money is to help
the borrower. In a situation where the person has no method
of repaying the loan, one isn't really making their life
easier but more stressful, as they'll just have to figure out
another way to borrow money to repay the first loan.
Today there are a number of organizations which help people
free themselves of debt. They teach people how to manage
their finances and to save money. They have helped a large
number of families that were on the verge of a financial
crisis. These families discovered that they really have more
money than they previously thought since they learned how to
reduce their expenditures and to save money. Since they
stopped running around trying to borrow money they had more
time and energy to devote themselves to earning additional
income.
In many cases, the extended family even steps in to help
their relatives once they see that their family is taking
drastic steps to independently improve their financial
situation. Most importantly, once people break the cycle of
borrowing money, they learn to live within their means.
That's how their lives change drastically. We have seen
dozens of these families solve their financial problems!
Chazal teach us (Eruvin 41a) that there are three types of
people who will never see Gehennom: those who suffer
from poverty, those who have problems with digestion, and
those who have problems with creditors (see Rashi there). We
learn from here that there is no advantage to exchanging the
suffering of poverty for the suffering of dealing with
creditors since it just exchanges one set of suffering for an
equivalent set of suffering.
The real solution is to make a real change in one's financial
outlook and to free oneself of debt. Not only isn't it good
to lend to people who chronically borrow money, it's
forbidden.
What are the permissible ways to force someone to repay a
debt against his will?
Everything must be done according to halochoh as instructed
by a beis din. Generally, it is forbidden to pressure
someone if they don't have the means to repay the debt.
However, if the borrower has assets such as an apartment, it
is permissible to force him to sell his apartment in order to
pay. In such cases, the borrower is allowed to keep only the
minimum necessary for his immediate needs.
How is it possible that otherwise very observant people
fail to abide by all of the monetary halochos?
The gemora in Bovo Basra (165a) says that most
people stumble over some sort of theft and a minority over
some sort of arayos. The Rashbam explains that most
people are suspect of being tempted and perhaps succumbing by
theft and related illicit activities.
When a person borrows money, he intends to repay it. However,
when the time arrives to repay the debt and he doesn't have
the funds, the person justifies his inability to pay by
saying that he is incapable and therefore excused from his
obligation. This explains why people are not so careful in
this area.
Rav Yisroel Salanter refused to be alone in a room with money
that didn't belong to him unless it was counted beforehand.
When questioned, he responded that we see in issues of
arayos, even though Chazal said that only a minority
are suspect but nonetheless Chazal decreed that one should
not be alone in a situation in which arayos are
possible, since according to Chazal most are suspected of
petty stealing there is all the more reason not to remain
alone with someone else's money.
Is a person allowed to intentionally impoverish himself
without a rich spiritual life in return? Isn't it
dangerous?
As it says in Mishlei (30:9), "Lest I become
impoverished and steal." Poverty is certainly dangerous as
its problems can damage other aspects of one's spiritual
life. There is a difference, however, in this area between
people who were born into families lacking money and people
who were accustomed to a better material lifestyle. The
gedolim advise newly observant people not to give up
their jobs for this reason. Rav Shach zt'l would quote
the Meshech Chochmoh (Parshas Nitzovim) who says
this.
In other words, it is not enough to strengthen oneself in
bitochon in order to be capable of withstanding the
dangers of poverty. One must also have been raised in such
circumstances to be able to really accept such a
lifestyle.
Is there a reasonable solution to the terrible housing
problem?
As of now there isn't a solution to this very difficult
problem unless a real change is made. I have nothing more to
add at this time.
Kiryat Sefer is known as a city of Torah. The city's
residents need financial support, however, and what's
available is inadequate.
Boruch Hashem the number of charities offering aid to
these families has grown. While today's situation is truly
amazing, it is inadequate compared to the current needs of
the growing population. Just as the number of people sitting
and learning has grown drastically, there has also been a
dramatic increase in the number of wealthy religious people
donating money to chareidim in Israel. The more that the
wealthy donate, the wealthier they become. It's
astounding.
How can you change a city's standards? Is the rav of a
city able to forbid luxuries in the town?
From time to time the gedolim meet to set standards
that will help people that feel that they have to keep up
with society's norms. Today's aufrufs and bar mitzvas
would be an example of unnecessary spending. On the other
hand, it is important not to hurt the bar mitzvah boys who
have already become used to a certain standard. Setting
standards requires a lot of forethought and care.
There is one topic that must be discussed and dealt with and
that is the need to improve one's home. In many cases, people
wouldn't have felt a need to redo their apartments if not for
social pressure. This is especially true in communities like
ours where there is a large number of young people living
together. It would be definitely worthwhile to do something
to curtail this phenomenon.
Do you have advice that can help people deal with
financial difficulties?
Dealing with financial difficulties depends primarily on how
one views the situation. If a person feels that his life in
this world is temporary, it will obviously be easier for him
to deal with the problem. The truth is that we really are
here temporarily on our path to the World of Eternity.
This outlook might sound like it is appropriate only for
people who have achieved a certain exalted spiritual level.
The truth is, however, that it is not beyond any of us.
Anyone who attempts to adopt this view on a daily basis can
attest to it. This isn't theory; it is extremely practical
advice and it makes life a lot easier.
I heard a story about a person who boarded a train for a trip
that would last several hours. As soon as he sat down, he
took a painting out of his bag and a curtain for the window.
His fellow passengers smiled at him condescendingly. `But
isn't there too much sun in the train car which the curtain
could block?' you might ask. `What could be bad about looking
at a beautiful picture during one's travels?' The answer is
simple: Everyone understands that a trip lasting merely a few
hours doesn't require such amenities. When we compare our
time in this world with our time in the Next World, we too
will see that our lives here are short just like the train
ride.
Of course we always have to strengthen our trust in G-d. The
Brisker Rov received a large amount of money when he got
married which was subsequently lost. The Rov said that while
he lost a large fortune, he gained the bitochon
described in Chovos Halevovos. If you learn Sha'ar
Habitochon with your family, there is no doubt that your
life will look different. First and foremost because trust in
G-d creates a feeling of calm and tranquility as well as
bringing Divine help.
B"H, Nisan, 5736 (1976)
I have been thinking for a long time that it is particularly
relevant to denounce in writing the incredible waste of money
that has become prevalent in the last several years. These
are unnecessary expenditures for simchas such as
weddings, engagement celebrations and bar mitzvas, etc.,
Despite the fact that these events are mitzvas one is not
obligated to spend more money than he has available in order
to fulfill these mitzvas and especially not to enter into
exorbitant debts. No one knows how much suffering is caused
to the parents as a result of this overspending.
In previous times, when Torah and mitzvos were more precious
to people than they are now, the gedolim still saw fit
to limit the community's expenditures as explained in the
sefer called Lomoh Tisro'u. I therefore say
that he who has compiled these regulations of previous
generations has done well and it is a timely thing, so that
people may look and take measures to protect themselves and
to limit their unnecessary spending. Their money is precious
to tzaddikim since they do not steal. Each person is
obligated to be among the first to act for the sake of this
mitzvah and then others shall learn from him and copy his
example.
It's worthwhile mentioning the story about the wife of one of
the gedolim who paid her grandson a visit in his
apartment after his wedding. The grandson decided to show his
grandmother his beautiful apartment and the elegant furniture
in order to make her happy. When the grandmother saw her
grandson's new home, she informed him that while it was
indeed beautiful, this was not the way to become a Torah
leader. In order to become a giant in Torah you have to
understand that you have to live a life devoid of luxuries
and pleasures.
We may not have attained the level of Rabbeinu Hakodosh who
said that he never enjoyed this world, but we must understand
that it is important to manage only with what we need for our
physical life in terms of food and clothing. We must ensure
that we will not be drawn to the culture and values of the
street around us. Our homes must be carefully insulated from
anything that might cause bitul Torah including
newspapers (chareidi publications included) and especially
the general media and politics.
We must attempt to maintain the same atmosphere at home as
existed sixty years ago when there wasn't such an emphasis on
gashmiyus in the surrounding culture. With this in
mind, may you merit to build a home al taharas
hakodesh with pleasure and happiness as an extension of
the simchah that you have now, understanding that
there is nothing that can upset the path to reaching the
desired goal that Hakodosh Boruch Hu asks of us, and
may you always have nachas and brochoh. (Told
at a Sheva Brochos, 5744.)
The period of transferring yeshivos to Eretz Yisroel
has come to a close. Each institution has been
established in its own building, some of them quite
elaborate. There still remains a lot of work to be done,
however, in order to improve the yeshivos and in order to
create Geonei Eretz, knowledgeable, innovators,
poskim of halochos, as well as great educators.
The Chazon Ish wrote: "There is great tumult inside the
beis medrash." There are those who are searching for
the correct path, and there are also those who do not search
[resulting in] potential that did not develop as it could
have. The foundation upon which the Chazon Ish built our
generation is beginning to collapse. He strove to educate a
generation of women willing to sacrifice themselves —
to become teachers and kindergarten teachers and to live
modestly in order for their husbands to dedicate themselves
completely to growing in Torah. A desire for luxuries has
come — for spacious apartments elegantly furnished
— and it has stolen the peace from the homes of many
avreichim as they are preoccupied with finding loans
in order to repay their debts. Seminary graduates are once
again not sure that they will be able to find a job, either.
Who knows? Maybe we are to blame for the current situation,
as we have wasted the Chazon Ish's precious legacy in our
search for comfort and luxuries! Be that as it may, we can
feel it tangibly that a new era is beginning. Who will be the
architect of this new period, responsible for building so
that Torah will be in faithful hands? (Excerpt from the
article Yemei Harotzon.)
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