Categories of Ribbit: Difference between revisions
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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== | ||
