Categories of Ribbit: Difference between revisions
From Halachipedia
→Matana Al Menat Lehachzir
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==Matana Al Menat Lehachzir== | ==Matana Al Menat Lehachzir== | ||
#If the borrower gives the lender a temporary gift that will later be returned in addition to the capital that is considered ribbit.<ref>Rama 160:5</ref> | #If the borrower gives the lender a temporary gift that will later be returned in addition to the capital that is considered ribbit.<ref>Rama 160:5</ref> | ||
==Taking Interest Temporarily== | |||
# It is forbidden to take interest even if one will return it afterwards. Some say that this is only a rabbinic prohibition.<ref>Taz 174:5. Netivot Moshe Ribbit on Taz 174:5 writes that there's no clear source why it is rabbinic but the Chidushei Maharaal 174:15 and Brit Yehuda 1:13 citing Har Hamor 17 also hold that it is rabbinic.</ref> | |||
# It is permitted to stipulate that the lender will benefit from the borrower's property if they stipulate that he will pay a fair price or deduct that amount he benefited from the loan that the lender will have to repay. This is permitted since the lender will never be taking interest, rather he is deducting the benefit before he collects all of the capital.<ref>Tur and Shulchan Aruch Y.D. 174:5. See Taz 174:5 who poses this as a dispute between the Nemukei Yosef and Tur and in the end he is lenient.</ref> | |||
==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</ref> | ||
