Orach Chaim 441 Loans with Chametz as Security

Dinei Misha hilva ala chometz.

So someone lends someone money.

And the security, the mashkin, is chometz.

So, ain't a Yehudi.

Says the Mechaba, which means a non-Jewish person lends money to the Yisrael, but he wants some sort of security to know that he's going to get his money back.

And he does it with Chomets.

For example, let's say I've got some very expensive whiskey or I've got some expensive Chomets.

So he lends me a thousand pounds and I give him some Chomets to look after.

And he keeps the Mashken, the security.

And he says to him, so again, any Yehudi lends the money to the Yisrael, and I give him this mashkin.

And he says to him, this chometz should be yours retrospectively, me'achshav, So again, I borrow money from this any Yehudi, I give him my Chomet, and I say to you that the Chomet should belong to you retrospectively, if I don't pay up.

And the time indeed comes, and he hasn't paid up.

So this Chometz is actually okay, because it belongs to the Eni Yehudi from Me'ach Shav, from day one.

Even if the Zman period, the time to pay back, is after Pesach, because when the time comes and he didn't pay, Niknelelema Freya, the non-Jewish person has been koina this chometz l'mafreha, v'avalei chometz eshelein yehudi, and therefore it's a non-Jewish person's chometz, which of course is fine, it's not a problem.

Okay, good.

acquire it from now, from day one, if I don't pay you back.

It's not just the Shibud, it's actually you are getting ownership of this Chometz from day one.

And the time comes he doesn't pay back.

V'hatam, and the reason is, says Mr. Bruce, you've got some base, since the time has come, and he hasn't paid back, he has acquired it retrospectively, and it's the non-Jewish person's Chometz, which has passed through Pesach, and that's not a problem, I can go into Tesco the day after Pesach, and buy some pasta, and some Chometz, whatever it is, No problem.

There's no din of Chumash or of Pesach for a guy.

And that's why I've got to say to him that it became his from day one.

And in addition to me saying Meach Shav, It's got to be Chometz Takhas Yodah, it's got to be in his possession.

Because if I didn't say Me'ach Shav, then what would be the consequence? It would actually be my Chometz over Pesach.

And only later, when I didn't come to pay up, it becomes his.

Because then it's going to be Chometz belonging to Yisrael over Pesach, and that's the problem.