Interest with Non-Jews: Difference between revisions
From Halachipedia
| Line 37: | Line 37: | ||
#If a non-Jew asks a Jew to borrow for him from another Jew with interest the Jewish agent may do his job as long as he says clearly that he is borrowing with interest on behalf of a non-Jew or the transaction is happening in the presence of the non-Jew.<ref>Ran b"m 71b s.v. mahu, Nemukei Yosef 42a, Hagaot Ashri 5:42, Rosh responsa 108:5, Raavan 103, and Smak 260 all cited by Bet Yosef 168:13. Baal Hatrumot 46:4:10 citing Ramban b"m 71b s.v. vgoy explains that even though the Jewish agent can't halachically become the agent of the non-Jew since there's no agency for non-Jews, the Jewish agent can be the agent of the lender.</ref> | #If a non-Jew asks a Jew to borrow for him from another Jew with interest the Jewish agent may do his job as long as he says clearly that he is borrowing with interest on behalf of a non-Jew or the transaction is happening in the presence of the non-Jew.<ref>Ran b"m 71b s.v. mahu, Nemukei Yosef 42a, Hagaot Ashri 5:42, Rosh responsa 108:5, Raavan 103, and Smak 260 all cited by Bet Yosef 168:13. Baal Hatrumot 46:4:10 citing Ramban b"m 71b s.v. vgoy explains that even though the Jewish agent can't halachically become the agent of the non-Jew since there's no agency for non-Jews, the Jewish agent can be the agent of the lender.</ref> | ||
#The agent can't take upon himself responsibility for the capital or the interest. If he takes upon himself responsibility for either one that is considered as though the agent is a borrower and there is interest when the lender takes interest from the borrower.<ref>Shulchan Aruch 168:13</ref> | #The agent can't take upon himself responsibility for the capital or the interest. If he takes upon himself responsibility for either one that is considered as though the agent is a borrower and there is interest when the lender takes interest from the borrower.<ref>Shulchan Aruch 168:13. Bet Yosef 168:13 s.v. vda deliberates whether it is problematic to accept responsibility for the capital and not the interest or the interest and not the capital. Ultimately he says that the Tur clearly understood that the Jewish agent may not accept responsibility for either. </ref> According to Ashkenazim it is only necessary for the Jewish lender to accept responsibility for the loan and collateral after the transaction began, which is the time when the money for the loan was transferred to the agent but not from the time that the collateral was picked up to be delivered to the lender.<ref>Darkei Moshe 168:12 clearly thinks that it is unnecessary for the lender to accept responsibility from the time of the collection of the collateral in order to be delivered since the loan didn't begin. Though he agrees that he should accept responsibility from the time that the agent accepted the money in order to return it to the non-Jewish borrower. Shach 168:37 and Taz 168:18 agree with the Darkei Moshe against the Bet Yosef.</ref> | ||
#The agent can't take upon himself responsibility for the collateral getting lost or stolen, rather the lender needs to take such responsibility. If he takes upon the regular type of responsibility as a [[shomer]] would generally take that is permitted. However, he may not take responsibility for unexpected circumstances.<ref>Shulchan Aruch Y.D. 168:16 based on the Rosh in disagreement with the Ramah who allowed taking even responsibility for unexpected events. </ref> If they didn't specify this responsibility and it was left unclear, after the fact, we can assume that the Jewish lender and the agent would want to arrange it in the permitted fashion.<ref>Shach 168:36 citing Bach, Baal Hatrumot 46:4:10 citing Ramban</ref> | #The agent can't take upon himself responsibility for the collateral getting lost or stolen, rather the lender needs to take such responsibility. If he takes upon the regular type of responsibility as a [[shomer]] would generally take that is permitted. However, he may not take responsibility for unexpected circumstances.<ref>Shulchan Aruch Y.D. 168:16 based on the Rosh in disagreement with the Ramah who allowed taking even responsibility for unexpected events. </ref> If they didn't specify this responsibility and it was left unclear, after the fact, we can assume that the Jewish lender and the agent would want to arrange it in the permitted fashion.<ref>Shach 168:36 citing Bach, Baal Hatrumot 46:4:10 citing Ramban</ref> | ||
#If the non-Jew never comes to pay the loan with the interest the agent may not pay it.<ref>Shulchan Aruch Y.D. 168:14</ref> | #If the non-Jew never comes to pay the loan with the interest the agent may not pay it.<ref>Shulchan Aruch Y.D. 168:14</ref> | ||
