Categories of Ribbit: Difference between revisions
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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> | ||
