Categories of Ribbit - Revision history

YitzchakSultan1: /* Taking a Loan only to Benefit the Lender */

2025-02-19T02:33:49Z

Taking a Loan only to Benefit the Lender

← Older revision		Revision as of 02:33, 19 February 2025
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	===Taking a Loan only to Benefit the Lender===		===Taking a Loan only to Benefit the Lender===
	# If someone takes a loan only for the benefit of the lender it is permitted for the borrower to let the lender benefit from the borrower's property. For example, if someone doesn't need a house and does a favor to the poor contractor and instructs him to build it and he'll be paid for his expenses. Additionally the contractor can live in the house afterwards for free. That is considered permitted even though the lender is benefiting from the lender's property since it isn't considered a loan at all but a nice deed of the borrower.<ref>Rif responsa 102, Sefer Hatrumot 4:26, Rama 166:3, Brit Yehuda 2:20</ref>		# If someone takes a loan only for the benefit of the lender it is permitted for the borrower to let the lender benefit from the borrower's property. For example, if someone doesn't need a house and does a favor to the poor contractor and instructs him to build it and he'll be paid for his expenses. Additionally the contractor can live in the house afterwards for free. That is considered permitted even though the lender is benefiting from the lender's property since it isn't considered a loan at all but a nice deed of the borrower.<ref>Rif responsa 102, Sefer Hatrumot 4:26, Rama 166:3, Brit Yehuda 2:20. See Peleti 161 referencing 166:3. </ref>
	# Some poskim allow someone who wants to benefit a poor person or a talmid chacham to take a loan for him on interest. If that borrower makes money he needs to pay it entirely to the lender. Since he is doing it as a favor to the lender it isn't interest.<ref>Brit Yehuda 2:20. However, Chelkat Binyamin 166:3 biurim s.v. mi takes another approach based on the Levush that limits the Rama's leniency to where no money of the borrower enters the hands of the lender.</ref>		# Some poskim allow someone who wants to benefit a poor person or a talmid chacham to take a loan for him on interest. If that borrower makes money he needs to pay it entirely to the lender. Since he is doing it as a favor to the lender it isn't interest.<ref>Brit Yehuda 2:20. However, Chelkat Binyamin 166:3 biurim s.v. mi takes another approach based on the Levush that limits the Rama's leniency to where no money of the borrower enters the hands of the lender.</ref>

YitzchakSultan1 at 22:11, 25 November 2024

2024-11-25T22:11:42Z

← Older revision		Revision as of 22:11, 25 November 2024
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	Lending money on interest is one of the more severe prohibitions in the torah.<ref> The Gemara BM 71a says that one who lends with interest becomes poor and never recovers. The Rambam Hilchot Malveh Viloveh 4:2 delineates six biblical prohibitions which could potentially be violated in any particular loan transaction. Ramban Sefer Hamitzvot Shoresh 6 adds a 7th. </ref> The lender, the borrower, the guarantor, the witnesses, and even the scribe violate when engaging in an interest-bearing loan.<ref> Mishna Bava Metzia 75b. Shulchan Aruch Y.D. 160:1</ref> Chazal warn that anyone who lends with interest his money is in danger of losing all of his money forever and it is like he is denying the exodus from Egypt and the existence of God.<ref>Gemara Bava Metsia 71a, Shulchan Aruch Y.D. 160:2</ref>		Lending money on interest is one of the more severe prohibitions in the torah.<ref> The Gemara BM 71a says that one who lends with interest becomes poor and never recovers. The Rambam Hilchot Malveh Viloveh 4:2 delineates six biblical prohibitions which could potentially be violated in any particular loan transaction. Ramban Sefer Hamitzvot Shoresh 6 adds a 7th. </ref> The lender, the borrower, the guarantor, the witnesses, and even the scribe violate when engaging in an interest-bearing loan.<ref> Mishna Bava Metzia 75b. Shulchan Aruch Y.D. 160:1</ref> Chazal warn that anyone who lends with interest his money is in danger of losing all of his money forever and it is like he is denying the exodus from Egypt and the existence of God.<ref>Gemara Bava Metsia 71a, Shulchan Aruch Y.D. 160:2. Why is someone who lends with ribbit like he denies the exodus from Egypt? Maharal (Chidushei Agadot b"m 71a) explains that the exodus proved that Hashem is the father of the Jews and cares about their welfare. In his Torah he commands that Jews should be like him and take care of each other by lending each other interest free. If someone charges another Jew interest it is like he doesn't believe in Hashem or the exodus which proved that he should care for his fellow's wellbeing. Gra 160:3 (quoting Sifrei) explains that Hashem took us out of Egypt on condition that we wouldn't take interest. If he takes interest then he's denying the whole point of the exodus. </ref>
	==Definition of Interest==		==Definition of Interest==
	# In any case where a person owes a debt to another Jew whether it is because he borrowed money or because he hired him and owes him or because he rented something and didn’t pay yet, it is forbidden to pay more than the actual debt because of the prohibition of taking interest.<Ref>Shulchan Aruch Y.D. 176:6, Rama Y.D. 161:1, The gemara Bava Metsia 63b explains that as long as one is paying extra to be able to hold the money for longer, it would be a violation of this prohibition. </ref>		# In any case where a person owes a debt to another Jew whether it is because he borrowed money or because he hired him and owes him or because he rented something and didn’t pay yet, it is forbidden to pay more than the actual debt because of the prohibition of taking interest.<Ref>Shulchan Aruch Y.D. 176:6, Rama Y.D. 161:1, The gemara Bava Metsia 63b explains that as long as one is paying extra to be able to hold the money for longer, it would be a violation of this prohibition. </ref>

YitzchakSultan1 at 22:04, 25 November 2024

2024-11-25T22:04:15Z

← Older revision		Revision as of 22:04, 25 November 2024
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	Lending money on interest is one of the more severe prohibitions in the torah.<ref> The Gemara BM 71a says that one who lends with interest becomes poor and never recovers. The Rambam Hilchot Malveh Viloveh 4:2 delineates six biblical prohibitions which could potentially be violated in any particular loan transaction. Ramban Sefer Hamitzvot Shoresh 6 adds a 7th. </ref> The lender, the borrower, the guarantor, the witnesses, and even the scribe violate when engaging in an interest-bearing loan.<ref> Mishna Bava Metzia 75b. Shulchan Aruch Y.D. 160:1</ref> Chazal warn that anyone who lends with interest his money is in danger of losing all of his money and it is like he is denying the exodus from Egypt and the existence of God.<ref>Shulchan Aruch Y.D. 160:2</ref>		Lending money on interest is one of the more severe prohibitions in the torah.<ref> The Gemara BM 71a says that one who lends with interest becomes poor and never recovers. The Rambam Hilchot Malveh Viloveh 4:2 delineates six biblical prohibitions which could potentially be violated in any particular loan transaction. Ramban Sefer Hamitzvot Shoresh 6 adds a 7th. </ref> The lender, the borrower, the guarantor, the witnesses, and even the scribe violate when engaging in an interest-bearing loan.<ref> Mishna Bava Metzia 75b. Shulchan Aruch Y.D. 160:1</ref> Chazal warn that anyone who lends with interest his money is in danger of losing all of his money forever and it is like he is denying the exodus from Egypt and the existence of God.<ref>Gemara Bava Metsia 71a, Shulchan Aruch Y.D. 160:2</ref>
	==Definition of Interest==		==Definition of Interest==
	# In any case where a person owes a debt to another Jew whether it is because he borrowed money or because he hired him and owes him or because he rented something and didn’t pay yet, it is forbidden to pay more than the actual debt because of the prohibition of taking interest.<Ref>Shulchan Aruch Y.D. 176:6, Rama Y.D. 161:1, The gemara Bava Metsia 63b explains that as long as one is paying extra to be able to hold the money for longer, it would be a violation of this prohibition. </ref>		# In any case where a person owes a debt to another Jew whether it is because he borrowed money or because he hired him and owes him or because he rented something and didn’t pay yet, it is forbidden to pay more than the actual debt because of the prohibition of taking interest.<Ref>Shulchan Aruch Y.D. 176:6, Rama Y.D. 161:1, The gemara Bava Metsia 63b explains that as long as one is paying extra to be able to hold the money for longer, it would be a violation of this prohibition. </ref>

YitzchakSultan1 at 22:00, 25 November 2024

2024-11-25T22:00:36Z

← Older revision		Revision as of 22:00, 25 November 2024
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	Lending money on interest is one of the more severe prohibitions in the torah.<ref> The Gemara BM 71a says that one who lends with interest becomes poor and never recovers. The Rambam Hilchot Malveh Viloveh 4:2 delineates six biblical prohibitions which could potentially be violated in any particular loan transaction. Ramban Sefer Hamitzvot Shoresh 6 adds a 7th. </ref> The lender, the borrower, the guarantor, the witnesses, and even the scribe violate when engaging in an interest-bearing loan.<ref> Mishna Bava Metzia 75b. Shulchan Aruch Y.D. 160:1</ref>		Lending money on interest is one of the more severe prohibitions in the torah.<ref> The Gemara BM 71a says that one who lends with interest becomes poor and never recovers. The Rambam Hilchot Malveh Viloveh 4:2 delineates six biblical prohibitions which could potentially be violated in any particular loan transaction. Ramban Sefer Hamitzvot Shoresh 6 adds a 7th. </ref> The lender, the borrower, the guarantor, the witnesses, and even the scribe violate when engaging in an interest-bearing loan.<ref> Mishna Bava Metzia 75b. Shulchan Aruch Y.D. 160:1</ref> Chazal warn that anyone who lends with interest his money is in danger of losing all of his money and it is like he is denying the exodus from Egypt and the existence of God.<ref>Shulchan Aruch Y.D. 160:2</ref>
	==Definition of Interest==		==Definition of Interest==
	# In any case where a person owes a debt to another Jew whether it is because he borrowed money or because he hired him and owes him or because he rented something and didn’t pay yet, it is forbidden to pay more than the actual debt because of the prohibition of taking interest.<Ref>Shulchan Aruch Y.D. 176:6, Rama Y.D. 161:1, The gemara Bava Metsia 63b explains that as long as one is paying extra to be able to hold the money for longer, it would be a violation of this prohibition. </ref>		# In any case where a person owes a debt to another Jew whether it is because he borrowed money or because he hired him and owes him or because he rented something and didn’t pay yet, it is forbidden to pay more than the actual debt because of the prohibition of taking interest.<Ref>Shulchan Aruch Y.D. 176:6, Rama Y.D. 161:1, The gemara Bava Metsia 63b explains that as long as one is paying extra to be able to hold the money for longer, it would be a violation of this prohibition. </ref>

YitzchakSultan1: /* Rabbinic Prohibition of Interest */

2024-11-25T21:57:00Z

Rabbinic Prohibition of Interest

← Older revision		Revision as of 21:57, 25 November 2024
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	==Rabbinic Prohibition of Interest==		==Rabbinic Prohibition of Interest==
	# There are several different forms of interest that are prohibited only rabbinically. There are several practical differences if it is only rabbinic. For example, Rabbinic interest was not extended to charities.<ref> Shulchan Aruch and Rama YD 160:18 </ref> Additionally, one who receives biblical interest must return it but this does not apply to certain cases of rabbinic interest.<ref> Shulchan Aruch YD 161:2 </ref>		# There are several different forms of interest that are prohibited only rabbinically. There are several practical differences if it is only rabbinic. For example, Rabbinic interest was not extended to charities.<ref> Shulchan Aruch and Rama YD 160:18 </ref> Additionally, one who receives biblical interest must return it but this does not apply to certain cases of rabbinic interest.<ref> Shulchan Aruch YD 161:2 </ref>
	#There is no prohibition of ribbit upon the borrower whenever it is rabbinic ribbit, the prohibition is upon the lender.<ref>Nemukei Yosef b”m 39b s.v. garsinan, Ritva there, Darkei Moshe 160:2, Rama Y.D. 160:1</ref> It is nonetheless forbidden for the borrower to give the lender a thank you (or other cases of [[When Is It Permitted to Benefit the Lender#Favors, Kind Gestures, and Saying Thank You (Ribbit Devarim)\|ribbit devarim]]).<ref>Rabbi Willig ([https://www.yutorah.org/lectures/1115931 Shiur on Ribbis Devarim], towards the beginning) based on Chedrei Deah 160 and Bet Halevi explained that although in general rabbinic ribbit doesn't apply to the loveh, ribbit devarim does since there is no other way the rabbis could have forbade it unless it was forbidden for the loveh. He also explained that it isn't a question for Yereyim who holds that ribbit devarim is deoritta.</ref>		#There is no prohibition of ribbit upon the borrower whenever it is rabbinic ribbit, the prohibition is upon the lender. However, the borrower does violate [[Lifnei Iver\|lifnei iver]] if he causes the lender to violate a prohibition.<ref>Nemukei Yosef b”m 39b s.v. garsinan, Ritva there, Darkei Moshe 160:2, Rama Y.D. 160:1. Chelkat Binyamin 160:14 quotes a dispute if this lifnei iver is deoritta since the isur he is being tripped up to violate is only derabbanan. He writes that Tosfot (Chagiga 18a) and Rosh (Moed Katan 1:1) hold that it is only lifnei iver derabbanan, but Tosfot (Avoda Zara 22a) holds it is lifnei iver deoritta since an isur derabbanan is a real stumbling block. </ref> It is nonetheless forbidden for the borrower to give the lender a thank you (or other cases of [[When Is It Permitted to Benefit the Lender#Favors, Kind Gestures, and Saying Thank You (Ribbit Devarim)\|ribbit devarim]]).<ref>Rabbi Willig ([https://www.yutorah.org/lectures/1115931 Shiur on Ribbis Devarim], towards the beginning) based on Chedrei Deah 160 and Bet Halevi explained that although in general rabbinic ribbit doesn't apply to the loveh, ribbit devarim does since there is no other way the rabbis could have forbade it unless it was forbidden for the loveh. He also explained that it isn't a question for Yereyim who holds that ribbit devarim is deoritta.</ref>
	# It is permitted for the yeshiva to give out student loans for tuition with interest since it is only a rabbinic form of interest in that the money was never given to the students to spend and a yeshiva is allowed to taking rabbinic forms of interest.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/900500/rabbi-hershel-schachter/dinei-ribbis/ Rav Hershel Schachter (Dinei Ribbis min 35-40)] explained that it is permitted for a yeshiva to lend money on interest for student tuition loans since the money isn't given to the students as a loan and then repaid, it is used to pay off the debt for classes and services provided. Postponing paying for a service isn't derech halvah, the nature of borrowing, and therefore only a rabbinic form of interest, which is permitted for a yeshiva.</ref>		# It is permitted for the yeshiva to give out student loans for tuition with interest since it is only a rabbinic form of interest in that the money was never given to the students to spend and a yeshiva is allowed to taking rabbinic forms of interest.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/900500/rabbi-hershel-schachter/dinei-ribbis/ Rav Hershel Schachter (Dinei Ribbis min 35-40)] explained that it is permitted for a yeshiva to lend money on interest for student tuition loans since the money isn't given to the students as a loan and then repaid, it is used to pay off the debt for classes and services provided. Postponing paying for a service isn't derech halvah, the nature of borrowing, and therefore only a rabbinic form of interest, which is permitted for a yeshiva.</ref>

YitzchakSultan1: /* Rabbinic Prohibition of Interest */

2024-11-25T21:53:38Z

Rabbinic Prohibition of Interest

← Older revision		Revision as of 21:53, 25 November 2024
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	==Rabbinic Prohibition of Interest==		==Rabbinic Prohibition of Interest==
	# There are several different forms of interest that are prohibited only rabbinically. There are several practical differences if it is only rabbinic. For example, Rabbinic interest was not extended to charities.<ref> Shulchan Aruch and Rama YD 160:18 </ref> Additionally, one who receives biblical interest must return it but this does not apply to certain cases of rabbinic interest.<ref> Shulchan Aruch YD 161:2 </ref>		# There are several different forms of interest that are prohibited only rabbinically. There are several practical differences if it is only rabbinic. For example, Rabbinic interest was not extended to charities.<ref> Shulchan Aruch and Rama YD 160:18 </ref> Additionally, one who receives biblical interest must return it but this does not apply to certain cases of rabbinic interest.<ref> Shulchan Aruch YD 161:2 </ref>
	#There is no prohibition of ribbit upon the borrower whenever it is rabbinic ribbit, the prohibition is upon the lender.<ref>Nemukei Yosef b”m 39b s.v. garsinan, Ritva there, Darkei Moshe 160:2, Rama 160:1</ref>		#There is no prohibition of ribbit upon the borrower whenever it is rabbinic ribbit, the prohibition is upon the lender.<ref>Nemukei Yosef b”m 39b s.v. garsinan, Ritva there, Darkei Moshe 160:2, Rama Y.D. 160:1</ref> It is nonetheless forbidden for the borrower to give the lender a thank you (or other cases of [[When Is It Permitted to Benefit the Lender#Favors, Kind Gestures, and Saying Thank You (Ribbit Devarim)\|ribbit devarim]]).<ref>Rabbi Willig ([https://www.yutorah.org/lectures/1115931 Shiur on Ribbis Devarim], towards the beginning) based on Chedrei Deah 160 and Bet Halevi explained that although in general rabbinic ribbit doesn't apply to the loveh, ribbit devarim does since there is no other way the rabbis could have forbade it unless it was forbidden for the loveh. He also explained that it isn't a question for Yereyim who holds that ribbit devarim is deoritta.</ref>
	# It is permitted for the yeshiva to give out student loans for tuition with interest since it is only a rabbinic form of interest in that the money was never given to the students to spend and a yeshiva is allowed to taking rabbinic forms of interest.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/900500/rabbi-hershel-schachter/dinei-ribbis/ Rav Hershel Schachter (Dinei Ribbis min 35-40)] explained that it is permitted for a yeshiva to lend money on interest for student tuition loans since the money isn't given to the students as a loan and then repaid, it is used to pay off the debt for classes and services provided. Postponing paying for a service isn't derech halvah, the nature of borrowing, and therefore only a rabbinic form of interest, which is permitted for a yeshiva.</ref>		# It is permitted for the yeshiva to give out student loans for tuition with interest since it is only a rabbinic form of interest in that the money was never given to the students to spend and a yeshiva is allowed to taking rabbinic forms of interest.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/900500/rabbi-hershel-schachter/dinei-ribbis/ Rav Hershel Schachter (Dinei Ribbis min 35-40)] explained that it is permitted for a yeshiva to lend money on interest for student tuition loans since the money isn't given to the students as a loan and then repaid, it is used to pay off the debt for classes and services provided. Postponing paying for a service isn't derech halvah, the nature of borrowing, and therefore only a rabbinic form of interest, which is permitted for a yeshiva.</ref>

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Unknown user: /* Not Having Involvement with Interest */

2020-08-17T01:52:34Z

Not Having Involvement with Interest

← Older revision		Revision as of 01:52, 17 August 2020
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	# It is considered rabbinic ribbit to lend 100 items to get 100 items in return even if at the time of the return those 100 items are worth more than the price of the 100 items were originally.<ref> The reason that this is only rabbinic ribbit and not Biblical ribbit is because we judge the situation whether something is ribbit or not based on the stipulation at the time of the loan. That is the ruling of the Shach YD 160:35 and Gra 160:53. This is also the opinion of the Ritva 61b s.v. vtisbara, Ran, and Talmid Harashba cited by Bet Yosef 160:21. However, the Hagahot Ashri 6:1 writes that this was the doubt of the gemara whether we judge the deal from the stipulation or the time of the return and if we judge it by the time of the return it is considered ribbit. This case might therefore be ribbit Biblically. The Granat explains that even the Hagahot Ashri only considers it Biblical ribbit if it is an exchange of currency which is uncommon but not with actual commodities which is certainly rabbinic. </ref>		# It is considered rabbinic ribbit to lend 100 items to get 100 items in return even if at the time of the return those 100 items are worth more than the price of the 100 items were originally.<ref> The reason that this is only rabbinic ribbit and not Biblical ribbit is because we judge the situation whether something is ribbit or not based on the stipulation at the time of the loan. That is the ruling of the Shach YD 160:35 and Gra 160:53. This is also the opinion of the Ritva 61b s.v. vtisbara, Ran, and Talmid Harashba cited by Bet Yosef 160:21. However, the Hagahot Ashri 6:1 writes that this was the doubt of the gemara whether we judge the deal from the stipulation or the time of the return and if we judge it by the time of the return it is considered ribbit. This case might therefore be ribbit Biblically. The Granat explains that even the Hagahot Ashri only considers it Biblical ribbit if it is an exchange of currency which is uncommon but not with actual commodities which is certainly rabbinic. </ref>
	===Not Having Involvement with Interest===		===Not Having Involvement with Interest===
	#Anyone involved in the interest transaction, such as the lender, buyer, witnesses, scribe, or another intermediary is violating the halacha of ribbit.<ref>Bava Metsia 75b, Tur and Shulchan 160:1, Shach 160:1</ref>		#Anyone involved in the interest transaction, such as the lender, buyer, witnesses, scribe, or another intermediary is violating the halacha of ribbit.<ref>Bava Metsia 75b, Tur and Shulchan Aruch Y.D. 160:1, Shach 160:1</ref>
			==Conditional Interest==
			# Interest that is only charged in the outcome of a certain specified condition is called ''sad echad bribbit'' (lit. one sided interest, Hebrew צד אחד ברבית). According to most poskim it is considered Biblical interest.<ref>Taz 174:1. Bet Yosef 177:8 cites a teshuvat Rashba that sad echad bribbit is rabbinic and so returning taxes for the lender is only rabbinic. However, Tosfot b”m 63a defines sad echad bribbit to be something that depends on the decision of the borrower or lender. Rashba 63a s.v. sad agrees. Also, Netivot Moshe on Taz 177:16 asks that Bet Yosef 174:2 citing Rashba 67a and Teshuva Ktav Yad 85 holds that sad echad bribbit is Biblical.</ref>

	==Rabbinic Prohibition of Interest==		==Rabbinic Prohibition of Interest==

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Unknown user: /* Rabbinic Prohibition of Interest */

2020-07-06T21:10:24Z

Rabbinic Prohibition of Interest

← Older revision		Revision as of 21:10, 6 July 2020
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	==Rabbinic Prohibition of Interest==		==Rabbinic Prohibition of Interest==
	# There are several different forms of interest that are prohibited only rabbinically. There are several practical differences if it is only rabbinic. For example, Rabbinic interest was not extended to charities.<ref> Shulchan Aruch and Rama YD 160:18 </ref> Additionally, one who receives biblical interest must return it but this does not apply to certain cases of rabbinic interest. <ref> Shulchan Aruch YD 161:2 </ref>		# There are several different forms of interest that are prohibited only rabbinically. There are several practical differences if it is only rabbinic. For example, Rabbinic interest was not extended to charities.<ref> Shulchan Aruch and Rama YD 160:18 </ref> Additionally, one who receives biblical interest must return it but this does not apply to certain cases of rabbinic interest. <ref> Shulchan Aruch YD 161:2 </ref>
			#There is no prohibition of ribbit upon the borrower whenever it is rabbinic ribbit, the prohibition is upon the lender.<ref>Nemukei Yosef b”m 39b s.v. garsinan, Ritva there, Darkei Moshe 160:2, Rama 160:1</ref>
	# It is permitted for the yeshiva to give out student loans for tuition with interest since it is only a rabbinic form of interest in that the money was never given to the students to spend and a yeshiva is allowed to taking rabbinic forms of interest.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/900500/rabbi-hershel-schachter/dinei-ribbis/ Rav Hershel Schachter (Dinei Ribbis min 35-40)] explained that it is permitted for a yeshiva to lend money on interest for student tuition loans since the money isn't given to the students as a loan and then repaid, it is used to pay off the debt for classes and services provided. Postponing paying for a service isn't derech halvah, the nature of borrowing, and therefore only a rabbinic form of interest, which is permitted for a yeshiva.</ref>		# It is permitted for the yeshiva to give out student loans for tuition with interest since it is only a rabbinic form of interest in that the money was never given to the students to spend and a yeshiva is allowed to taking rabbinic forms of interest.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/900500/rabbi-hershel-schachter/dinei-ribbis/ Rav Hershel Schachter (Dinei Ribbis min 35-40)] explained that it is permitted for a yeshiva to lend money on interest for student tuition loans since the money isn't given to the students as a loan and then repaid, it is used to pay off the debt for classes and services provided. Postponing paying for a service isn't derech halvah, the nature of borrowing, and therefore only a rabbinic form of interest, which is permitted for a yeshiva.</ref>

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	# If the field as a collateral was used by the lender and for that use a deduction was made to the loan for each year until the entire loan would be paid off, then if there is someone else in between the borrower and lender it is permitted. That is, if the lender rents out the field to someone else and that person then lends it to the borrower it is permitted.<ref>Shulchan Aruch Y.D. 163:2, 172:2</ref>		# If the field as a collateral was used by the lender and for that use a deduction was made to the loan for each year until the entire loan would be paid off, then if there is someone else in between the borrower and lender it is permitted. That is, if the lender rents out the field to someone else and that person then lends it to the borrower it is permitted.<ref>Shulchan Aruch Y.D. 163:2, 172:2</ref>
	# It is permitted to sell a field to someone and then rent it from them.<ref>Shulchan Aruch Y.D. 164:3</ref>		# It is permitted to sell a field to someone and then rent it from them.<ref>Shulchan Aruch Y.D. 164:3</ref>

	==Types of Transactions That Might Involve Interest==		==Types of Transactions That Might Involve Interest==
	===Rentals===		===Rentals===

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	Lending money on interest is one of the more severe prohibitions in the torah. <ref> The Gemara BM 71a says that one who lends with interest becomes poor and never recovers. The Rambam Hilchot Malveh Viloveh 4:2 delineates six biblical prohibitions which could potentially be violated in any particular loan transaction. Ramban Sefer Hamitzvot Shoresh 6 adds a 7th. </ref> The lender, the borrower, the guarantor, the witnesses, and even the scribe violate when engaging in an interest-bearing loan. <ref> Mishna Bava Metzia 75b. Shulchan Aruch Y.D. 160:1</ref>		Lending money on interest is one of the more severe prohibitions in the torah.<ref> The Gemara BM 71a says that one who lends with interest becomes poor and never recovers. The Rambam Hilchot Malveh Viloveh 4:2 delineates six biblical prohibitions which could potentially be violated in any particular loan transaction. Ramban Sefer Hamitzvot Shoresh 6 adds a 7th. </ref> The lender, the borrower, the guarantor, the witnesses, and even the scribe violate when engaging in an interest-bearing loan.<ref> Mishna Bava Metzia 75b. Shulchan Aruch Y.D. 160:1</ref>
	==Definition of Interest==		==Definition of Interest==
	# In any case where a person owes a debt to another Jew whether it is because he borrowed money or because he hired him and owes him or because he rented something and didn’t pay yet, it is forbidden to pay more than the actual debt because of the prohibition of taking interest.<Ref>Shulchan Aruch Y.D. 176:6, Rama Y.D. 161:1, The gemara Bava Metsia 63b explains that as long as one is paying extra to be able to hold the money for longer, it would be a violation of this prohibition. </ref>		# In any case where a person owes a debt to another Jew whether it is because he borrowed money or because he hired him and owes him or because he rented something and didn’t pay yet, it is forbidden to pay more than the actual debt because of the prohibition of taking interest.<Ref>Shulchan Aruch Y.D. 176:6, Rama Y.D. 161:1, The gemara Bava Metsia 63b explains that as long as one is paying extra to be able to hold the money for longer, it would be a violation of this prohibition. </ref>
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	==Rabbinic Prohibition of Interest==		==Rabbinic Prohibition of Interest==
	# There are several different forms of interest that are prohibited only rabbinically. There are several practical differences if it is only rabbinic. For example, Rabbinic interest was not extended to charities.<ref> Shulchan Aruch and Rama YD 160:18 </ref> Additionally, one who receives biblical interest must return it but this does not apply to certain cases of rabbinic interest. <ref> Shulchan Aruch YD 161:2 </ref>		# There are several different forms of interest that are prohibited only rabbinically. There are several practical differences if it is only rabbinic. For example, Rabbinic interest was not extended to charities.<ref> Shulchan Aruch and Rama YD 160:18 </ref> Additionally, one who receives biblical interest must return it but this does not apply to certain cases of rabbinic interest.<ref> Shulchan Aruch YD 161:2 </ref>
	#There is no prohibition of ribbit upon the borrower whenever it is rabbinic ribbit, the prohibition is upon the lender.<ref>Nemukei Yosef b”m 39b s.v. garsinan, Ritva there, Darkei Moshe 160:2, Rama 160:1</ref>		#There is no prohibition of ribbit upon the borrower whenever it is rabbinic ribbit, the prohibition is upon the lender.<ref>Nemukei Yosef b”m 39b s.v. garsinan, Ritva there, Darkei Moshe 160:2, Rama 160:1</ref>
	# It is permitted for the yeshiva to give out student loans for tuition with interest since it is only a rabbinic form of interest in that the money was never given to the students to spend and a yeshiva is allowed to taking rabbinic forms of interest.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/900500/rabbi-hershel-schachter/dinei-ribbis/ Rav Hershel Schachter (Dinei Ribbis min 35-40)] explained that it is permitted for a yeshiva to lend money on interest for student tuition loans since the money isn't given to the students as a loan and then repaid, it is used to pay off the debt for classes and services provided. Postponing paying for a service isn't derech halvah, the nature of borrowing, and therefore only a rabbinic form of interest, which is permitted for a yeshiva.</ref>		# It is permitted for the yeshiva to give out student loans for tuition with interest since it is only a rabbinic form of interest in that the money was never given to the students to spend and a yeshiva is allowed to taking rabbinic forms of interest.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/900500/rabbi-hershel-schachter/dinei-ribbis/ Rav Hershel Schachter (Dinei Ribbis min 35-40)] explained that it is permitted for a yeshiva to lend money on interest for student tuition loans since the money isn't given to the students as a loan and then repaid, it is used to pay off the debt for classes and services provided. Postponing paying for a service isn't derech halvah, the nature of borrowing, and therefore only a rabbinic form of interest, which is permitted for a yeshiva.</ref>
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	===Ribbit for Pikuach Nefesh===		===Ribbit for Pikuach Nefesh===
	#It is permitted to borrow from a Jew with interest in order to save someone’s life. That is only if borrowing from a non-Jew with interest isn’t an option that would allow saving the person’s life. <ref>		#It is permitted to borrow from a Jew with interest in order to save someone’s life. That is only if borrowing from a non-Jew with interest isn’t an option that would allow saving the person’s life.<ref>
	* Shulchan Aruch Y.D. 160:22 writes that it is permitted to borrow with interest in order to save someone’s life. Taz 160:21 is bothered what is the point since it is obvious that it is permitted to violate any sin (besides idolatry, illicit relations, and murder). Bet Lechem Yehuda writes that it is permitted to borrow with interest from a Jew even if a non-Jew is available but it’ll take longer and in order to save time one can borrow from the Jew if it is quicker and could impact saving the person.		* Shulchan Aruch Y.D. 160:22 writes that it is permitted to borrow with interest in order to save someone’s life. Taz 160:21 is bothered what is the point since it is obvious that it is permitted to violate any sin (besides idolatry, illicit relations, and murder). Bet Lechem Yehuda writes that it is permitted to borrow with interest from a Jew even if a non-Jew is available but it’ll take longer and in order to save time one can borrow from the Jew if it is quicker and could impact saving the person.
	* Why does pikuach nefesh allow violating lifnei iver? Shulchan Aruch O.C. 306:14 rules that in order to protect someone from getting involved with a great sin it is permitted to sin a small sin, even if that involves violating Shabbat. If so we see that it is like pikuach nefesh to save someone from spiritual destruction. Why then is it permitted to cause someone sin in order to save someone else?		* Why does pikuach nefesh allow violating lifnei iver? Shulchan Aruch O.C. 306:14 rules that in order to protect someone from getting involved with a great sin it is permitted to sin a small sin, even if that involves violating Shabbat. If so we see that it is like pikuach nefesh to save someone from spiritual destruction. Why then is it permitted to cause someone sin in order to save someone else?
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	* Eretz Tzvi 2:20 writes that violating Shabbat to save someone from a violation of Shabbat isn't pikuach nefesh. Otherwise the gemara Shabbat 4a wouldn't have had a safek about this. Also, Tosfot 4a says that we wouldn't violate Shabbat if he was negligent but if it really was pikuach nefesh we would violate Shabbat even if he was negligent to become sick. </ref> The lender is doing wrong by lending with interest but nonetheless one doesn’t need to worry about causing him to sin if one is trying to save someone’s life.<ref>Taz 160:21 writes that it is obvious that the lender with interest is doing wrong and really he has an obligation to spend in order to save the person.</ref>		* Eretz Tzvi 2:20 writes that violating Shabbat to save someone from a violation of Shabbat isn't pikuach nefesh. Otherwise the gemara Shabbat 4a wouldn't have had a safek about this. Also, Tosfot 4a says that we wouldn't violate Shabbat if he was negligent but if it really was pikuach nefesh we would violate Shabbat even if he was negligent to become sick. </ref> The lender is doing wrong by lending with interest but nonetheless one doesn’t need to worry about causing him to sin if one is trying to save someone’s life.<ref>Taz 160:21 writes that it is obvious that the lender with interest is doing wrong and really he has an obligation to spend in order to save the person.</ref>
	===Forgiving Interest in Advance===		===Forgiving Interest in Advance===
	#It is forbidden to take a loan in order to pay back interest as a gift even though it is a willing and intentional gift. <ref>The Geonim cited by Rambam Malveh Vloveh 4:13 argue that obviously it is forbidden to give interest as even though one forgives it knowingly because that is every case of interest and yet it is forbidden. The Maggid Mishna points out that the Rambam agrees with the Geonim on this contention. Rosh b”m 5:2 agrees as well. Shulchan Aruch Y.D. 161:6 codifies this opinion.		#It is forbidden to take a loan in order to pay back interest as a gift even though it is a willing and intentional gift.<ref>The Geonim cited by Rambam Malveh Vloveh 4:13 argue that obviously it is forbidden to give interest as even though one forgives it knowingly because that is every case of interest and yet it is forbidden. The Maggid Mishna points out that the Rambam agrees with the Geonim on this contention. Rosh b”m 5:2 agrees as well. Shulchan Aruch Y.D. 161:6 codifies this opinion.
	* Yet, the Mishna Lemelech 4:13 writes that it is permitted to forgive paying the interest in advance for rabbinic loans and that is permitted. His proof is that the Gemara Bava Metsia 75a and Rambam 4:9 permit rabbis to lend with interest since it is understood to be a complete gift and the Maggid Mishna says that it isn’t stipulated interest but interest after the fact. However, Shach 160:6 rules based on the Tur that it is forbidden to give interest even as a gift even if it isn’t stipulated in advance.</ref>		* Yet, the Mishna Lemelech 4:13 writes that it is permitted to forgive paying the interest in advance for rabbinic loans and that is permitted. His proof is that the Gemara Bava Metsia 75a and Rambam 4:9 permit rabbis to lend with interest since it is understood to be a complete gift and the Maggid Mishna says that it isn’t stipulated interest but interest after the fact. However, Shach 160:6 rules based on the Tur that it is forbidden to give interest even as a gift even if it isn’t stipulated in advance.</ref>
	# It is ineffective and forbidden to arrange in advance that someone will pay you interest and then forgive the interest so that it shouldn’t need to be returned.<ref>Bedek Habayit 160:5 cites that Ritva 61 a.s. Ma who writes that if a person forces his borrower to swear that after the loan he will forgive the interest because a forced mechila isn’t valid.</ref>		# It is ineffective and forbidden to arrange in advance that someone will pay you interest and then forgive the interest so that it shouldn’t need to be returned.<ref>Bedek Habayit 160:5 cites that Ritva 61 a.s. Ma who writes that if a person forces his borrower to swear that after the loan he will forgive the interest because a forced mechila isn’t valid.</ref>