More Discussions for this daf
1. Bank accounts and Yerushah 2. נכסי לסבתא ובתרה לירתאי

Raphael Goldmeier asked:

Dear Daf Yomi Kollel,

According to the laws of economics, money deposited in a bank account is considered a loan to the bank.

How is it looked upon halachically - as a loan or as a pikadon for shemira?

The ramifications of this question would be if Yaakov dies and leaves over a bank account of $100,000 to be inherited by his sons, is that money considered ra'uy or muchzak and therefore would the first-born son receive a double portion from that money.

Thank you,

Raphael Goldmeier

The Kollel replies:

It would seem at first glance that it is a loan. However, since the banks are regulated and cannot spend the money but rather must invest it, it is more likely that a bank deposit is actually an Iska, which is considered Muchzak (and not "Ra'uy").

D. Zupnik

DovBer Ballon writes:

There is a tshuva from Rav Shlomo Heiman (in Chidushai Rebbi Shlomo, somewhere, I don't remember where, it's early in the sefer) where he corresponds with Rav Chaim Ozer Grodzinsky, and states clearly that a deposit in a bank account is a loan, not a pikodon, with respect to yerusha. Perhaps local law governing banking practice would make a difference, though it does not affect dinei yerusha, ayin shom.


The Kollel replies:

Since the bank is not allowed L'mishteh bah Shichrah, there is reason to suggest that it remains like a Milveh which was Lo l'Hotza'ah Nitnah (like Rashi says in Kidushin that Chayav l'Ha'amidah b'Iska) and this could effect the Ra'uy status.

D. Zupnik