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Interest with Non-Jews: Difference between revisions
From Halachipedia
→Lending with Interest from a Non-Jewish with a Jewish Agent using a Jewish Security Deposit
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#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> | #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> | #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> | ||
#A Jewish agent brought a collateral from a non-Jew to another Jew in order to borrow with interest. After the loan is due, the lender Jew can ask the agent to show him which non-Jew he lent to but can not ask the agent to pay for the asked the agent to redeem the non-Jew’s collateral and pay for the loan.<ref>Bet Yosef 168:27 cites the Rashba 3:47 who speaks of a case where a Jew brought a collateral from a non-Jew to another Jew in order to borrow with interest, then the lender Jew asked the agent to redeem the non-Jew’s collateral and pay for the loan. The Rashba rules that it is forbidden for the agent Jew to pay the loan and interest since he is merely an agent. He must though indicate to the lender Jew who is the non-Jew who borrowed the money. Shulchan Aruch YD 168:27 codifies the Rashba. Shach 168:83 explains that the agent has no responsibility to sell or buy the collateral from the lender.</ref> | |||
====Borrowing on Behalf of a Community==== | ====Borrowing on Behalf of a Community==== | ||
