Categories of Ribbit: Difference between revisions
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# It is prohibited to lend with interest even if the borrower is wealthy and willingly agrees to pay the interest. <ref> Shulchan Aruch YD 160:1,4. </ref> It is prohibited even in cases where it seems entirely fair such as reimbursing the lender for the interest he was earning while his money was in a non-Jewish bank. <ref> Iggerot Moshe YD 3:93 </ref> | # It is prohibited to lend with interest even if the borrower is wealthy and willingly agrees to pay the interest. <ref> Shulchan Aruch YD 160:1,4. </ref> It is prohibited even in cases where it seems entirely fair such as reimbursing the lender for the interest he was earning while his money was in a non-Jewish bank. <ref> Iggerot Moshe YD 3:93 </ref> | ||
# If neighbors have a good relationship and commonly borrow without being careful to return everything they borrow, then there is no prohibition of interest as the neighbors aren’t borrowing but rather gifting one another. <Ref> The Weekly Halachah Discussion (vol 2, pg 348) quoting The Laws of Interest (pg 35)</ref>However, if neighbors do not such a relationship then a neighbor who borrows a half a bag of sugar is borrowed only that amount may be returned unless the amount difference is insignificant (about which people don’t care) <Ref> The Weekly Halachah Discussion (vol 2, pg 348) quoting Brit Yehuda (Siman 17 note 6)</ref> or if one is unsure how much one borrowed one may return an amount to be sure the loan is repaid. <Ref> The Weekly Halachah Discussion (vol 2, pg 348) quoting Sh”t Minchat Yitzchak 9:88</ref> | # If neighbors have a good relationship and commonly borrow without being careful to return everything they borrow, then there is no prohibition of interest as the neighbors aren’t borrowing but rather gifting one another. <Ref> The Weekly Halachah Discussion (vol 2, pg 348) quoting The Laws of Interest (pg 35)</ref>However, if neighbors do not such a relationship then a neighbor who borrows a half a bag of sugar is borrowed only that amount may be returned unless the amount difference is insignificant (about which people don’t care) <Ref> The Weekly Halachah Discussion (vol 2, pg 348) quoting Brit Yehuda (Siman 17 note 6)</ref> or if one is unsure how much one borrowed one may return an amount to be sure the loan is repaid. <Ref> The Weekly Halachah Discussion (vol 2, pg 348) quoting Sh”t Minchat Yitzchak 9:88</ref> | ||
#Some explain that a key factor in determining if something is considered a loan is whether the item is fungible and normally traded; if it is always traded to be kept that is a sale. Another factor that is used is whether the type of item being lent is similar to the item that is being returned; if they’re dissimilar it is like a sale.<ref>Biurim in Chelkat Binyamin 161:1 s.v. dvar wrote that there’s a dispute between the Chavot Daat 161:1 and Mekor Mayim Chayim 161:1 why a loan of slaves isn’t loan but a sale. Chavot Daat explains that since each slave is unique and needs a significant evaluation it is considered a sale when you trade one for two later. His premise is that there’s no prohibition of a loan of one item for another like apples for oranges. However, the Mekor Mayim Chaim explains that since a person doesn’t give a slave to be loaned out or traded (lhotzah) but rather to be used it isn’t considered or termed a loan but a sale.</ref> | #Some explain that a key factor in determining if something is considered a loan is whether the item is fungible and normally traded; if it is always traded to be kept that is a sale. Another factor that is used is whether the type of item being lent is similar to the item that is being returned; if they’re dissimilar it is like a sale.<ref>Biurim in Chelkat Binyamin 161:1 s.v. dvar wrote that there’s a dispute between the Chavot Daat 161:1 and Mekor Mayim Chayim 161:1 why a loan of slaves isn’t loan but a sale. Chavot Daat explains that since each slave is unique and needs a significant evaluation it is considered a sale when you trade one for two later. His premise is that there’s no prohibition of a loan of one item for another like apples for oranges. However, the Mekor Mayim Chaim explains that since a person doesn’t give a slave to be loaned out or traded (lhotzah) but rather to be used it isn’t considered or termed a loan but a sale.</ref> | ||
#There is no prohibition of ribbit upon the borrower whenever it is rabbinic ribbit.<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.<ref>Nemukei Yosef b”m 39b s.v. garsinan, Ritva there, Darkei Moshe 160:2, Rama 160:1</ref> | ||
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===Lending an Object=== | ===Lending an Object=== | ||
# It is permitted to lend an object such as a tool to one's friend even on condition that if it breaks he will get you a new one even though it is more expensive than the one you lent him.<Ref>Mishnat Ribbit 4:35 based on Chavot Daat 161:1</ref> | # It is permitted to lend an object such as a tool to one's friend even on condition that if it breaks he will get you a new one even though it is more expensive than the one you lent him.<Ref>Mishnat Ribbit 4:35 based on Chavot Daat 161:1</ref> | ||
==Borrowing Someone's Credit Card== | |||
# It is permitted for someone to borrow another Jew's credit card to pay for a purchase and repay them the amount spent. Even if the purchaser receives points from the credit card company, that isn't considered interest since it doesn't come from the borrower. Additionally, the borrower may not the purchaser for any interest fees that the purchaser may incur if he pays late.<ref>[http://www.torah.org/advanced/weekly-halacha/5762/behar.html Rabbi Doniel Neustadt on torah.org] and [http://www.dinonline.org/2014/01/17/receiving-points-from-credit-card-loan/ dinonline.org]. Chelkat Binyamin 170:17 describes the issue of borrowing credit cards at length. When someone borrows a credit card and uses it, he is considered as though he borrowed from the credit card company and the credit card holder is a guarantor to pay the debt to the company. Indeed it can be even more serious if it is viewed as though the credit card holder borrowed from the credit card company since he is indebted to them and separately he lent that money to his friend who is using his credit card. Either way if the agreement was that the borrower of the credit card would pay the credit card holder interest if he didn't pay on time that is a forbidden arrangement even if they pay on time and never engage in interest. However, if they arranged that the borrower wouldn't have to pay the interest even in the event that he didn't pay on time then it is permitted. For small purchases it can be assumed that the arrangement was that the borrower would only pay for the capital and not interest if he didn't pay on time.</ref> | |||
# It is problematic to borrow someone else's credit card if there are two prices for a certain product, a cheaper price for cash and more expensive for credit. Since there are two prices we can view the cash price as the real price and the credit card price as the convenience price. Once the borrower of the credit card uses the card to buy a product that is worth less than the credit card price and repays the credit card price he is giving interest to the credit card holder.<ref>Chelkat Binymain Biurim 170:1 s.v. ela p. 392</ref> | |||
==Partnerships== | |||
# It is forbidden for several Jews, two or more, to borrow from a bank or non-Jew with interest such that the non-Jew can collect from any one of them. The reason is that if one of them pays then the others are obligated to repay the one who paid the interest. Thereby the one who paid would be like he lent everyone else with interest and is being repaid with interest.<ref>Chavot Daat 170:1, Chelkat Binyamin 170:25 based on Graz 64 and Chavot Daat</ref> Solutions include: specifying that if one of them pays on behalf of everyone that everyone will repay the one who paid the capital and not interest and the one who paid the bank or non-Jew will lose out on the interest. Another solution is to specify with the bank or non-Jew that every borrower is only obligated up to a specific amount and there's no obligation of one borrower for another.<ref>Chelkat Binyamin 170:25</ref> | |||
# If a Jew borrows on behalf of a Jewish partner or Jewish company from a bank or non-Jew with interest and then uses the partner or company's money to repay the loan that is considered interest. This is forbidden since the one signing is considered to have borrowed with interest and when he invests that money with the partner or company he is further lending it to another Jew with interest.<ref>Taz 170:3</ref> However, it is permitted if they originally borrowed in the name of all the partners or the entire company (aside from the other issue of the previous halacha, that one borrower can't be responsible for the entire loan).<ref>Chelkat Binyamin 170:25</ref> | |||
# If a Jew borrows on behalf of a Jewish partner or Jewish company for a bank or non-Jew with interest as an investment to the partnership or company and he is working in the partnership or company some poskim are lenient.<ref>Taz 170:3 is lenient. Chavot Daat 170:1 is strict unless the other partner is unaware of the fact that the partner borrowed with interest. Also Chavot Daat is only lenient to pay the interest with the profits.</ref> The halacha is that it is permitted to pay off the interest from the profits that were made with the money that was invested but they should not be taken from the partnership or company if the interest is greater than the profits made from that money.<ref>Chelkat Binyamin 170:25 based on Graz</ref> | |||
==Rabbinic Prohibition of Interest== | ==Rabbinic Prohibition of Interest== | ||
