In the second part of his affidavit, Rabbi Bronfman refers to the specific application of the heter transaction in this case. With regard to this, he declares that 'according to information provided to him by Feldman' - attempts were made to collect from the Bonim and Protected Company and from Savyoni and to this date the defendant has not been able to locate the assets of the aforementioned companies for the repayment of the debt - and therefore it is clear that there is no profit and there is nothing to obligate the borrowers to pay other than the principal. This part of the affidavit constitutes hearsay testimony, since the witness repeats things that were allegedly given to him by Feldman. In these circumstances, this part is also inadmissible as evidence.
This last defect could have been corrected ostensibly if Feldman had referred in his affidavit to the facts detailed in Rabbi Bronfman's affidavit - i.e., he had referred to the application of a business permit in the present case, including - and had agreed to swear that there were no profits for the project that is the subject of the agreement (and documented as will be detailed below, in any case I do not believe that in these circumstances the intention was that the agreement would indeed constitute an investment agreement) and in addition, It included in his affidavit a statement regarding the information as detailed by Rabbi Bornfman in his affidavit, including that at the relevant times there was no profit on the investment. However, an examination of Feldman's affidavit shows that it does not include all the information mentioned by Rabbi Bronfman. Thus, Feldman addressed the issue of the transaction permit in paragraphs 30 and 31 of his affidavit - in general, in section 30 Feldman detailed that he sought to incorporate the clause while demanding that it be given halakhic validity and therefore deleted the words from the section as detailed above, whereas in section 31 Feldman stated that:
"This means that since there was no profitable deal here, and everything collapsed, there is no obligation to return the funds. A halakhic opinion by Rabbi Yaakov Bronfman, in Sha'arei Avra, inter alia, on the laws of interest attached as an affidavit."