Returning Interest That Was Wrongly Collected: Difference between revisions
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Returning Interest That Was Wrongly Collected (view source)
Revision as of 03:45, 7 June 2020
, 7 June 2020→Repaying Interest
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# A person who took interest should return it. If he offers to return it and the other person forgives his fellow from paying him back the person who took interest can keep it.<ref>Rambam Malveh Vloveh 4:13 and Rosh b”m 5:2 | # A person who took interest should return it. If he offers to return it and the other person forgives his fellow from paying him back the person who took interest can keep it.<ref>Rambam Malveh Vloveh 4:13 and Rosh b”m 5:2 | ||
* The Raavad 4:13 agrees with the Geonim that forgiving the loan is ineffective. Their reason is that it seems that the torah invalidated forgiving the interest as is always the case of interest, even though a person willing lends money with interest it is still forbidden. Similarly, the Geonim say that interest that was taken illegitimately can’t be forgiven and needs to be returned. The Maggid Mishna clearly states that the Rambam agrees that forgiving interest in advance doesn’t permit the loan. Otherwise that would undo the prohibition of interest. </ref> | * The Raavad 4:13 agrees with the Geonim that forgiving the loan is ineffective. Their reason is that it seems that the torah invalidated forgiving the interest as is always the case of interest, even though a person willing lends money with interest it is still forbidden. Similarly, the Geonim say that interest that was taken illegitimately can’t be forgiven and needs to be returned. The Maggid Mishna clearly states that the Rambam agrees that forgiving interest in advance doesn’t permit the loan. Otherwise that would undo the prohibition of interest. </ref> | ||
# Some say that if the borrower who paid interest never asks for the interest the lender isn't obligated to pay it.<ref>Taz 161:3 writes that certainly it is forbidden to set up taking interest, but once it happened if the borrower doesn't ask the lender for the interest, the lender doesn't return it. Nodeh Beyehuda YD 2:76 relies upon this Taz in conjugation with other factors.</ref> | |||
==Mechila After the Fact== | ==Mechila After the Fact== | ||
# If a person incorrectly took interest one should return it but if the borrower forgives the loan (mechila) the lender doesn’t need to return it.<ref>Shulchan Aruch YD 160:5, Rambam 4:13 argues with the Geonim who held that mechila enver worked for ribbit and the Rambam holds that it is worked after the fact.</ref> | # If a person incorrectly took interest one should return it but if the borrower forgives the loan (mechila) the lender doesn’t need to return it.<ref>Shulchan Aruch YD 160:5, Rambam 4:13 argues with the Geonim who held that mechila enver worked for ribbit and the Rambam holds that it is worked after the fact.</ref> | ||
