Thursday, August 9, 2007

The Calculus of Interest-Free Loans and it’s Logical Derivatives or Consequences - Part VI

The כותים not only rejected oral Torah, they profaned the Davidic brit. Specifically never to cut a brit by means of sacrifice other than at Mt. Moriah. They created their own religion at the expense of profaning their oath/bit. Bnai Noach clearly merit freedom to interpret their Torah constitution. But a crucial condition applies unto all bnai brit throughout the generations. All bnai brit obligate them selves when they cut a nefesh oath/brit. A bnai brit person acknowledges and shall not despise all the oath britot of the Torah. Israel, as the firstborn son of Torah, has established this critical condition unto all eternity. By this fundamental condition Israel guards the gates of our enemies. This essential condition establishes and defines the ethical containment force that binds bnai brit societies into a national and international alliance. The כותים destroyed this ethical containment force that binds bnai brit Israel with bnai brit Noach. Their religious belief system profaned their Nefesh. Their choice effectively negated their brit with Israel unto this very day. Hence Moshe our Teacher declared unto Israel before his death: I give you life and death, therefore choose Life” It’s permitted to charge interest unto animal souls. An animal soul touches all non bnai brit peoples who live under the sun. Within the borders of Torah bnai brit society, non bnai brit tourists enjoy no political rights, nor legal protections. The bnai brit peoples have however formal warning to respect the dignity of non bnai brit animal souls. A bnai brit that can abuse or cruelly damage non bnai brit dignity shall probably in the future misbehave in equal manner unto his/her bnai brit peoples. First the Zionist army and police forces trampled upon the remnant Arabs who remained within our lands. Today Israel has become a police state who’s government equally abuses both Arab and Jew within our borders! The non bnai brit animal souls live as human beings. The humanity of the bnai brit peoples shares equal purity with the humanity of the non bnai brit animal souls. The only difference between our souls – them and us- they have not cut a brit upon their souls and we have cut a brit upon our souls. Other than the brit distinction, non bnai brit have built great civilization which includes amazing developments in art science and culture. Their lack of a brit in no way diminishes from their innate humanity in this world. Only that these societies and civilizations exist outside of the Torah constitutionally based alliance which defines the bnai brit nations, our peoples, and our cultures. Land constitutes as the best collateral. Movable objects also qualify as a פיקדון, but movable objects have their restrictions. The 5th and 9th chapters of בבא מציעה teach how to establish proper partnership loans. I learned by comparing
אין מושיבין חנוני למחצית שכרו וגו' אלא אם כן נותן לו שכרו כפועל with המקבל שדה מחברו והובירה...שמין אותה ראויה לעשות ונותן לו. Loans require accountability. Both loans and acts of charity – redeem. But the former requires a return and the latter come no strings attached. An agent of a person functions as an extension of the person. A person assigns his agent to move products to another place and give them to someone else to sale at this new location. The loan transaction does not take place until the agent transfers title of the goods unto the party receiving the loan. Obviously if the loaned movables suffers damages prior unto the exchange of title, the original owner bears the burden of loss. Only after the transfer of title does the borrower assume the obligation to restore the borrowed commodities. Establishing a loan entails opening a diplomatic dialogue, for the purpose of forming a business alliance or partnership. Clearly this partnership must respect the terms or conditions that the contracting parties agree to accept and honor.[1] Forging a business partnership requires flexibility. Consequently, depending upon the conditions, all three opinions bear merit. The halachah does not have to follow one opinion at the exclusion of the others. A clear distinction exists between work required under the open sun and work accomplished in the shade;[2] between common labor of unskilled help and professional expertise of managerial skills. Therefore ר"מ, ר"י, ור''ש discuss the possibilities of forging a business partnership. Contracting a partnership the parties involved clearly should weigh credit history. Upon forging a partnership both parties accept an equal share of the risks that the business might succeed or fail. The contracting parties must share common interests and clearly defined achievable goals. Herein lays the distinction between a גמ"ח and a torah bank. Developing viable business partnerships requires a human face. As opposed unto statistical predetermined contracts written with a legal language that primarily protects the interests of the banks. Banks obviously prefer land as the best possible פיקדון . But movable properties can also serve as collateral. Under the current Zionist governments, wherein the government “owns” the land, land as the primary פיקדון does not exist. Consequently stable business partnerships entails investing up to a 50% פיקדון to loan ratio with a bank. Do banks involve themselves in the affairs of independent businesses? Under Torah banking guidelines, depending upon the business and the size of the loan banks can function like the equivalent of stockholding investors up to forming an equal partnership. Consequently it serves the best interests of the banks to involve their institution(s) and assist their partners’ toward achieving financial success. As a central hub, the banks can facilitate their partnership business interests and introduce it to other partnership business interests, something like a telephone operator or chamber of commerce. What salary then do they merit that compares their services unto ?כפועל בטל A consumer investment holds little or no possibility of distributing future profits. Why should a torah bank give a loan touching private consumer investments? Determining the profit value of consumer investments the business partners must obviously ascertain through means of negotiation, assigning risk and profit ratios to consumer investments. Statistical evidence and other factors the partners must consider. Private consumer investments that depend upon loans consequently require determining כפועל בטל salary for the bank and also loss/profit risks. A house holds its value much more than does a car, especially when housing values escalate like they currently do under the Zionist governments. Because a car depreciates quickly a person taking a loan from a Torah bank of necessity must console the banking partnership to its yearly loss of value. Clearly quickly re-paying a loan under these circumstances serves the best interest of the contracting partners. What value does one assign to experience or thinking outside of the box or management labor skills that result in stable boss/employee relationships etc.. Forming a business partnership initiates a new beginning. But the end game, like water under the bridge, concerns completely different objectives. Forming working partnerships serves only as a stepping-stone toward achieving success. Forming working partnerships cannot guarantee success. Still businesses that function harmoniously and enjoy good management/labor relations possess fundamental advantages over competitive businesses, which fail to develop strong management/labor ties. People need to feel confident that their allies will go to bat for them, even when confronted with difficult or less than ideal circumstances. While management determines policy, both on a corporate and governmental basis it’s the laborers or common man that must rely upon their gut feelings to interpret the reality of their lives. The laborers or common man shares a partnership with both their employers and governments to obey the instructions that higher authorities determine. But a frequent and reoccurring result all to frequently happens, the “mentals” and the “emotionals” fail to develop a common language. Consequently many businesses have high employee turn over rates. And governments quickly lose the mandate to rule and either collapse or oppress their common “emotionals”. Cutting a brit changes the soul. Consequently it entails much more than mechanical methods or rituals which automatically determines how a man butchers a carcass in order to eat a steak. The souls of man holds within its life a certain fluidity, as well as abstract intangibles that wise men do well to heed, weigh and respect. Stable business partnerships stand upon the solid foundations of honoring with shared integrity the mutually accepted and agreed obligations. Something like faithfully paying ones debts. But when partners confuse “rights” for “obligations”, their relationship, business or otherwise, begins to decline. Something like foreign imperialist armies invading a country in order to attain a monopoly over a given market. The British tea monopoly deprived the peoples of India of their human dignity and political independence so that a selected few would enjoy great profits. Consequently, establishing a brit relationship means that the bnai brit partners that both respect and honor their mutual obligations. A fish cannot live on land, their continued survival depends upon certain environmental conditions; equally so, cutting an oath/brit upon one’s souls. The oath creates a specific environment wherein the bnai brit peoples therein can live.

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