Interest with Non-Jews: Difference between revisions
From Halachipedia
→Disputes about the Arrangement
| Line 134: | Line 134: | ||
==Disputes about the Arrangement== | ==Disputes about the Arrangement== | ||
#If the borrower claims that his lender charged him interest and now it should be deducted or should be returned, if the lender responds that it was done in a permissible way he is believed without any oath.<ref>Shulchan Aruch Y.D. 177:9, Rama 160:18. Although Taz 177:17 is troubled by this halacha, Shach 160:30 explains that there is no difference between whether the lender is an orphan or not. If the lender responds that it was done in a permitted way then he is believed, and if he denies getting interest he is believed with an oath.</ref> Some say that it is necessary to specify how it was done permissibly.<ref>Taz 168:36. See Shaarei Deah 168:11 who differs.</ref> | #If the borrower claims that his lender charged him interest and now it should be deducted or should be returned, if the lender responds that it was done in a permissible way he is believed without any oath.<ref>Shulchan Aruch Y.D. 177:9, 177:12, Rama 160:18. The Taz 177:19 and Shach 177:27 explain that the reason for this is that we assume that it was done in a permissible fashion rather than a forbidden one. Although Taz 177:17 is troubled by this halacha of why it is worded regarding orphans, Shach 160:30 explains that there is no difference between whether the lender is an orphan or not; rather the question asked of the Rashba was with respect to orphans. If the lender responds that it was done in a permitted way then he is believed, and if he denies getting interest he is believed with an oath.</ref> Some say that it is necessary to specify how it was done permissibly.<ref>Taz 168:36. See Shaarei Deah 168:11 who differs.</ref> | ||
# If the borrower claims that his lender charged him interest and it should be deducted from the capital according to the interest he paid and the lender responds that he never took interest he is believed only if he takes an oath.<ref>Shulchan Aruch Y.D. 168:25</ref> | # If the borrower claims that his lender charged him interest and it should be deducted from the capital according to the interest he paid and the lender responds that he never took interest he is believed only if he takes an oath.<ref>Shulchan Aruch Y.D. 168:25, 177:11. The reason is that since the lender says that he never took the interest we can't assume that it was taken but taken in a permitted way. We have to substantiate the claim that he denies getting the interest. Therefore, he is obligated to take a shevuat hesit which is obligated by anyone who denies money. Although the Rabbenu Yerucham quotes the Ramah who doesn't require a shevuah even in such a case, the Shach 177:26 clarifies that we follow the main opinion in Shulchan Aruch and Rama.</ref> | ||
#This is true as long as the lender already collected the interest. However, if he has a collateral of the borrower or a legal document that entitles him to collect, he can collect after making an oath. If he responds that he didn’t take any interest or doesn’t know if he took any interest, he is believed only if he takes an oath to that effect. This is true as long as the lender already collected the interest, has a collateral of the borrower, or have a legal document that entitles him to collect. However, in absence of that and the lender hasn’t yet collected if the borrower claims that he doesn’t owe the money due to interest he is believed and doesn’t have to pay.<ref>Shulchan Aruch and Rama Y.D. 168:25</ref> | #This is true as long as the lender already collected the interest. However, if he has a collateral of the borrower or a legal document that entitles him to collect, he can collect after making an oath. If he responds that he didn’t take any interest or doesn’t know if he took any interest, he is believed only if he takes an oath to that effect. This is true as long as the lender already collected the interest, has a collateral of the borrower, or have a legal document that entitles him to collect. However, in absence of that and the lender hasn’t yet collected if the borrower claims that he doesn’t owe the money due to interest he is believed and doesn’t have to pay.<ref>Shulchan Aruch and Rama Y.D. 168:25</ref> | ||
