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Interest with Non-Jews: Difference between revisions
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→Non-Jew Selling Jewish Debt
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# If a Jew has a security deposit of a non-Jew in his hands and the non-Jew direct him to use it to borrow from another Jew with interest on his behalf, the first Jew may do so.<ref>Mordechai 337 writes that a Jew can use a non-Jew's security deposit to borrow from a Jew with interest if he is instructed so by the non-Jew. The Mordechai seems to apply this even to the case where the Jew didn't have the non-Jew's deposit but instead wanted to gift him a deposit of his own for its value. The Bet Yosef is troubled by this leniency since there's no mechanism by which the non-Jew is actually acquiring the deposit. Taz 168:14 gives a nuanced explanation that it was sold to the second Jew with a condition that the non-Jew could buy it back. Bach 168:13 and Nekudat Hakesef 168:11 explain that once a owner admits to the fact someone else owns his item it halachically belongs to that person (''kinyan odita'') and that is sufficient to remove the prohibition of ribbit. Either way, the Rama 169:11 concludes that we assume that it is impossible to gift a deposit to a non-Jew without him making a physical [[kinyan]] such as meshicha.</ref> | # If a Jew has a security deposit of a non-Jew in his hands and the non-Jew direct him to use it to borrow from another Jew with interest on his behalf, the first Jew may do so.<ref>Mordechai 337 writes that a Jew can use a non-Jew's security deposit to borrow from a Jew with interest if he is instructed so by the non-Jew. The Mordechai seems to apply this even to the case where the Jew didn't have the non-Jew's deposit but instead wanted to gift him a deposit of his own for its value. The Bet Yosef is troubled by this leniency since there's no mechanism by which the non-Jew is actually acquiring the deposit. Taz 168:14 gives a nuanced explanation that it was sold to the second Jew with a condition that the non-Jew could buy it back. Bach 168:13 and Nekudat Hakesef 168:11 explain that once a owner admits to the fact someone else owns his item it halachically belongs to that person (''kinyan odita'') and that is sufficient to remove the prohibition of ribbit. Either way, the Rama 169:11 concludes that we assume that it is impossible to gift a deposit to a non-Jew without him making a physical [[kinyan]] such as meshicha.</ref> | ||
====Non-Jew Selling Jewish Debt==== | ====Non-Jew Selling Jewish Debt==== | ||
#If a Jew owed a non-Jew capital and interest, that non-Jew can sell that debt to another Jew. If the non-Jew collects the interest it is permitted for the Jew to accept it, yet if he doesn't then the second Jew shouldn't collect the interest from the first Jew.<ref>Rashba responsa 1:764 cited by Darkei Moshe 168:6</ref> | #If a Jew owed a non-Jew capital and interest, that non-Jew can sell that debt to another Jew. If the non-Jew collects the interest it is permitted for the Jew to accept it, yet if he doesn't then the second Jew shouldn't collect the interest from the first Jew.<ref>Rashba responsa 1:764 cited by Darkei Moshe 168:6, Bedek Habayit 168:27, and Knesset Hagedola (Bet Yosef 168:44).</ref> | ||
====Jew Selling Non-Jewish Debt==== | ====Jew Selling Non-Jewish Debt==== | ||
# If a Jew lent a non-Jew with interest upon a security deposit of the non-Jew. Then the non-Jew sold the security deposit to another Jew and he was told to pay the debt to the first Jew and collect the security deposit. This transaction is totally permitted since the loan was made between the Jew and non-Jew and then there was a sale of the non-Jewish debt to a Jew.<ref>Rosh responsa 108:25, Shulchan Aruch 168:12</ref> | # If a Jew lent a non-Jew with interest upon a security deposit of the non-Jew. Then the non-Jew sold the security deposit to another Jew and he was told to pay the debt to the first Jew and collect the security deposit. This transaction is totally permitted since the loan was made between the Jew and non-Jew and then there was a sale of the non-Jewish debt to a Jew.<ref>Rosh responsa 108:25, Shulchan Aruch 168:12</ref> | ||
