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Interest with Non-Jews: Difference between revisions
From Halachipedia
→Non-Jew borrowing with Interest from a Jew through a Jewish Agent
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# 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</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</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> | ||
## Additionally, the lender may not force the agent to buy the collateral for the price of the capital and interest.<ref>Rama 168:14, Shach 168:47, Taz 168:20, Bach 168:15, Chelkat Binyamin 168:148. According to the Taz this is even the opinion of Shulchan Aruch, but according to the Shach and Bach this is only the opinion of the Rama and Shulchan Aruch would disagree.</ref> | ## Additionally, the lender may not force the agent to buy the collateral for the price of the capital and interest.<ref>Rama 168:14, Shach 168:47, Taz 168:20, Bach 168:15, Chelkat Binyamin 168:148. According to the Taz this is even the opinion of Shulchan Aruch, but according to the Shach and Bach this is only the opinion of the Rama and Shulchan Aruch would disagree.</ref> | ||
