Nothing more. In other words, his affidavit does not contain the same facts detailed by Rabbi Bronfman with regard to the fact that he agreed to the oath and that there were no profits for the project and that the defendant herself did not locate assets of the aforementioned companies for the purpose of repaying the debt - in general and at relevant times - in particular.
In light of the aforesaid, the plaintiff failed to prove her claim that to the extent that the conditions of the "transaction permit" are applied in the present case, this exempts her from returning the balance for disposal as claimed by the defendant and that she must pay only the repayment of the loan principal.
- Without derogating from the aforesaid, and in order not to leave the sheet lacking, I have added and examined the meaning given to the term "heter transaction" in the framework of the case law, including the conditions for its application as reviewed in its framework. With regard to this, an extensive scope was devoted to the interpretation of this terminology, by the Tel Aviv District Court in HC (Tel Aviv-Jaffa District) 5317/86 United Mizrahi Bank v. Zvi Tishler et al., 5748(2) 353 (1987) (hereinafter: "the Tishler case") - by the Honorable Justice Goren. In the same matter, it was argued by borrowers who took out a loan from Mizrahi Bank, that in accordance with the terms of the engagement, the terms of the transaction permit apply to the loan.
The court opened by clarifying that the Torah of Israel absolutely prohibits the taking of interest and is very strict in this prohibition. Against the background of this prohibition, the economic reality forced the need to find permissible ways to obtain credit. The path that is found in the Talmud in Tractate Bava Metzia, page 104 of the Appeal of Elections [6] is the "iska":
The classic "transaction" is structured in such a way that the "lender" or the giver gives some amount to the "borrower" or dealer in order to deal with him, trade and act in order to obtain profits through the invested amount. The initial amount is divided into two - half a loan and half a deposit ("Pelega Lender and Pelega Deposit"). Of course, all the profits deriving from the half, which is a deposit, belong to the giver and there is no prohibition of interest, and the profits in respect of the half, which is a loan, belong to the dealer and remain with him.