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Interest with Non-Jews: Difference between revisions
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→Lending with Interest from a Non-Jewish with a Jewish Agent using a Jewish Security Deposit
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#If a Jew lent from another Jew and got a collateral for that loan, he can then use that collateral to borrow with interest from a non-Jew. He should specify to the non-Jew that he is borrowing on behalf of another Jew and he has no responsibility. Alternatively, if the collateral is worth the entire value of the loan he can use it to borrow from the non-Jew with interest. Then the original borrower Jew can pay the non-Jew the interest and redeem his collateral. The Jewish lender was simply the agent of the first Jew to borrow with interest from a non-Jew.<ref>Tashbetz Katan 486 writes that if the Jewish lender specifies to the non-Jew that he is borrowing on behalf of another Jew it is permitted, otherwise it is like he is borrowing for himself and having the original borrower Jew pay the interest is forbidden. Yet, the Bet Yosef 168:26 points out that the Rosh implies that it is permitted for the original borrower to pay the interest even if the lender Jew didn’t make that stipulation. Shulchan Aruch 168:26 simply quotes the case without specifically mentioning that stipulation. Shach 168:82 explains that the Tashbetz Katan and Rosh agree. Either a stipulation is necessary or having a collateral that is worth the entire value of the loan and interest. Otherwise it is forbidden. Chelkat Binyamin 168:291 agrees. Mayin Ganim Abadi YD 9 shows at length that the Bet Yosef thought that there is a dispute between the Tashbetz Katan and Rosh. The Rosh thinks that even without specifying it is assumed that the non-Jew depends on the collateral and there’s no responsibility upon the Jew. However, the Tashbetz Katan thinks that only if the Jew specifies that is it so, otherwise we assume that the non-Jew will hold responsible the Jew who is borrowing from him as well as from the collateral, in which case it would be forbidden for the original borrower to pay the interest. Erech Lechem 168:17 implies this as well. He explains that the Ran cited in Shulchan Aruch 168:17 implies like the Tashbetz Katan, yet, Shulchan Aruch ultimately sided with the Rosh and Rashba unlike the Tashbetz Katan and Ran.</ref> | #If a Jew lent from another Jew and got a collateral for that loan, he can then use that collateral to borrow with interest from a non-Jew. He should specify to the non-Jew that he is borrowing on behalf of another Jew and he has no responsibility. Alternatively, if the collateral is worth the entire value of the loan he can use it to borrow from the non-Jew with interest. Then the original borrower Jew can pay the non-Jew the interest and redeem his collateral. The Jewish lender was simply the agent of the first Jew to borrow with interest from a non-Jew.<ref>Tashbetz Katan 486 writes that if the Jewish lender specifies to the non-Jew that he is borrowing on behalf of another Jew it is permitted, otherwise it is like he is borrowing for himself and having the original borrower Jew pay the interest is forbidden. Yet, the Bet Yosef 168:26 points out that the Rosh implies that it is permitted for the original borrower to pay the interest even if the lender Jew didn’t make that stipulation. Shulchan Aruch 168:26 simply quotes the case without specifically mentioning that stipulation. Shach 168:82 explains that the Tashbetz Katan and Rosh agree. Either a stipulation is necessary or having a collateral that is worth the entire value of the loan and interest. Otherwise it is forbidden. Chelkat Binyamin 168:291 agrees. Mayin Ganim Abadi YD 9 shows at length that the Bet Yosef thought that there is a dispute between the Tashbetz Katan and Rosh. The Rosh thinks that even without specifying it is assumed that the non-Jew depends on the collateral and there’s no responsibility upon the Jew. However, the Tashbetz Katan thinks that only if the Jew specifies that is it so, otherwise we assume that the non-Jew will hold responsible the Jew who is borrowing from him as well as from the collateral, in which case it would be forbidden for the original borrower to pay the interest. Erech Lechem 168:17 implies this as well. He explains that the Ran cited in Shulchan Aruch 168:17 implies like the Tashbetz Katan, yet, Shulchan Aruch ultimately sided with the Rosh and Rashba unlike the Tashbetz Katan and Ran.</ref> | ||
#If a Jew wants to borrow from a non-Jew with interest and he asks another Jew to be his agent, he can do so. If he gives him a collateral then it isn’t necessary for the agent to specify that he is borrowing on behalf of someone else since the non-Jew is ready to collect from the collateral.<ref>Rosh b”m 5:56, Tur and Shulchan Aruch 168:17. Bet Yosef 168:17 based on the Nemukei Yosef 44a clarifies that it is insufficient to say that the collateral serves as the place where the non-Jew can collect, rather he needs even to specify that he bares no responsibility. Shach 168:52 cites this opinion. Shulchan Aruch 170:1 follows that opinion.</ref> Some say that as long as the collateral is actually worth the value of the loan and interest, then it is automatic that the non-Jew is ready to collect from the collateral and his lein applies to that and not to the Jew.<Ref>Shach 168:51</ref> | #If a Jew wants to borrow from a non-Jew with interest and he asks another Jew to be his agent, he can do so. If he gives him a collateral then it isn’t necessary for the agent to specify that he is borrowing on behalf of someone else since the non-Jew is ready to collect from the collateral.<ref>Rosh b”m 5:56, Tur and Shulchan Aruch 168:17. Bet Yosef 168:17 based on the Nemukei Yosef 44a clarifies that it is insufficient to say that the collateral serves as the place where the non-Jew can collect, rather he needs even to specify that he bares no responsibility. Shach 168:52 cites this opinion. Shulchan Aruch 170:1 follows that opinion.</ref> Some say that as long as the collateral is actually worth the value of the loan and interest, then it is automatic that the non-Jew is ready to collect from the collateral and his lein applies to that and not to the Jew.<Ref>Shach 168:51</ref> | ||
#If a Jew wants to borrow from a non-Jew with interest and he asks another Jew to be his agent, he can do so. Yet, it is important that the agent specify with the non-Jew that he is indeed borrowing on behalf of another Jew and he bares no responsibility.<ref>Tur and Shulchan Aruch 168:17</ref> | |||
#It is an issue if the Jewish agent has any responsibility for the loan even to serve as a guarantor that can be collected from first (Arev Kablan), rather the non-Jew needs to completely be able to collect from the collateral.<Ref>Bet Yosef 168:17 cites the Ran (Nemukei Yosef 42a) who holds that it is forbidden to be an Arev Kablan for another Jew.</ref> | |||
===Selling a Non-Jew's Debt to Another Jew=== | ===Selling a Non-Jew's Debt to Another Jew=== | ||
