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Interest with Non-Jews: Difference between revisions
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→When the Deposit was Taken Forcibly
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#However, if the Jew who bought the debt then didn't pay off the debt immediately in order to redeem the deposit and only paid it after some time, thereby accruing a further interest charge upon the non-Jewish lender, the non-Jew may pay that interest charge to the Jewish lender even if the non-Jew in turn forces the Jewish buyer to pay him for that interest charge. But the Jewish buyer may not pay the interest to the Jewish lender because that would paying interest.<ref>Rosh responsa 108:25, Shulchan Aruch 168:12</ref> | #However, if the Jew who bought the debt then didn't pay off the debt immediately in order to redeem the deposit and only paid it after some time, thereby accruing a further interest charge upon the non-Jewish lender, the non-Jew may pay that interest charge to the Jewish lender even if the non-Jew in turn forces the Jewish buyer to pay him for that interest charge. But the Jewish buyer may not pay the interest to the Jewish lender because that would paying interest.<ref>Rosh responsa 108:25, Shulchan Aruch 168:12</ref> | ||
====When the Deposit was Taken Forcibly==== | ====When the Deposit was Taken Forcibly==== | ||
# If a non-Jew took a security deposit from a Jew forcibly and then used it to borrow with interest from another Jew, that second jew may collect interest from the non-Jew but may not collect interest from the first Jew.<ref>Smak 260, Kol Bo 84, Mordechai 338 citing Riva, Baal Hatrumot | # If a non-Jew took a security deposit from a Jew forcibly and then used it to borrow with interest from another Jew, that second jew may collect interest from the non-Jew but may not collect interest from the first Jew.<ref>Smak 260, Kol Bo 84, Mordechai 338 citing Riva, Baal Hatrumot 46:4:10 all quoted by the Bet Yosef 168:10</ref> Some disagree and allow collecting the interest.<ref>Rosh cited by Tur 168:10</ref> | ||
# However, under the following two circumstances one may collect the interest according to everyone: | # However, under the following two circumstances one may collect the interest according to everyone: | ||
##If the force and responsibility of the loan rests upon the non-Jew besides for the security deposit then it is permitted to collect the interest from the first Jew.<ref>Bet Yosef 168:10 based on the Baal Hatrumot</ref> | ##If the force and responsibility of the loan rests upon the non-Jew besides for the security deposit then it is permitted to collect the interest from the first Jew.<ref>Bet Yosef 168:10 based on the Baal Hatrumot</ref> | ||
##Additionally, if the first Jew didn't know that his security deposit was going to be used to borrow from a Jew with interest it isn't any question of interest for him to pay the second Jew the interest to redeem his item.<ref>Maharik 16 cited by Bet Yosef 168:10</ref> | ##Additionally, if the first Jew didn't know that his security deposit was going to be used to borrow from a Jew with interest it isn't any question of interest for him to pay the second Jew the interest to redeem his item.<ref>Maharik 16 cited by Bet Yosef 168:10</ref> | ||
====When the Deposit was Given to the Non-Jew Properly==== | |||
# If a Jew borrowed from a non-Jew with interest and gave him a security deposit. If the non-Jew takes that deposit and uses it to borrow from another Jew with interest some say that one may not take interest from that transaction, while others say that one can. Generally we are lenient except in the following two circumstances:<ref>Shulchan Aruch 168:10, 20</ref> | |||
##If the non-Jew forcibly took the deposit from the first Jew then we assume that the deposit wasn't really acquired by the non-Jew and so when it is used to borrow against another Jew it is like there's a deal between the two Jews.<ref>Bet Yosef 168:10 in his second answer, Shach 168:26, 67, Taz 168:11. Gra 168:23 disagrees.</ref> | |||
##Additionally, if the non-Jew immediately took that deposit from the first Jew and used it to borrow from the second Jew then it appears that he did so only to create a loan between two Jews. However, if he held onto it for some time for himself then it isn't an issue.<ref>Bet Yosef 168:10 in his first answer, Shach 168:67</ref> | |||
===Selling a Non-Jew's Debt to Another Jew=== | ===Selling a Non-Jew's Debt to Another Jew=== | ||
