Categories of Ribbit: Difference between revisions
From Halachipedia
→Judging by the Time of Stipulation
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# It is permitted to sell a field to someone and then rent it from them.<ref>Shulchan Aruch 164:3</ref> | # It is permitted to sell a field to someone and then rent it from them.<ref>Shulchan Aruch 164:3</ref> | ||
==Late Fees== | |||
# It is forbidden to charge or pay a late fee for a payment that is due. Having such a fee is a subterfuge of interest.<ref>Bet Yosef 177:14 cites a dispute between the Baal Hatrumot 4:32 and Ri Migash on the one hand, and the Rashba (teshuva 2:2, meyuchasot 221, 175) and Rabbenu Yerucham 16 on the other. The first group of rishonim held that it is permitted to have a late fee for a payment since it doesn't accrue over time. The second group says that it is forbidden because of it is a legal subterfuge around interest. Shulchan Aruch and Rama Y.D. 177:14 accept the Rabbenu Yerucham and Rashba.</ref> It is forbidden even on a one time basis and all the more if the late fee is recurring.<ref>Bet Yosef and Darkei Moshe 177:16 cite a heter iska document of the Ri Morleans who constructed a loan document with interest and replaced interest with late fees being considered presents. Either way, the Bet Yosef completely disregards this suggestion and claims it is absolutely interest.</ref> | |||
# It is permitted to pay a late fee with a commodity and not cash. That doesn't have the appearance of paying interest.<ref>Rivash 335, Rama 177:14, Shach 177:30</ref> | |||
==Judging by the Time of Stipulation== | ==Judging by the Time of Stipulation== | ||
# It is considered Biblical ribbit to lend 100 items to get 120 items in return, even if at the time of the return those 120 items afterwards are the same price as the 100 items were at the time of the original loan.<ref>Gemara Bava Metsia 60b, Shulchan Aruch Y.D. 160:21</ref> | # It is considered Biblical ribbit to lend 100 items to get 120 items in return, even if at the time of the return those 120 items afterwards are the same price as the 100 items were at the time of the original loan.<ref>Gemara Bava Metsia 60b, Shulchan Aruch Y.D. 160:21</ref> | ||
