Returning Interest That Was Wrongly Collected: Difference between revisions
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Returning Interest That Was Wrongly Collected (view source)
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#A person who took interest that was in violation of Biblical ribbit must return the ribbit and if he doesn't the courts can extract it. Nonetheless the courts can force a person to fulfill his mitzvah to return the interest.<ref>Shulchan Aruch 161:5</ref> He must pay with cash and not items worth cash.<ref>Chelkat Binyamin (Biurim 161 s.v. ratza), Netivot Shalom 161:8:5</ref> | #A person who took interest that was in violation of Biblical ribbit must return the ribbit and if he doesn't the courts can extract it. Nonetheless the courts can force a person to fulfill his mitzvah to return the interest.<ref>Shulchan Aruch 161:5</ref> He must pay with cash and not items worth cash.<ref>Chelkat Binyamin (Biurim 161 s.v. ratza), Netivot Shalom 161:8:5</ref> | ||
# Children of the lender who collected interest don't need to return it unless their father did teshuva before he passed away and didn't get to return it and in such a case they should return any unique item that their father collected as interest.<ref>Shulchan Aruch 161:6</ref> | # Children of the lender who collected interest don't need to return it unless their father did teshuva before he passed away and didn't get to return it and in such a case they should return any unique item that their father collected as interest.<ref>Shulchan Aruch 161:6</ref> | ||
# If a borrower who paid interest died there is an opinion that the courts can't force the lender to repay the orphans of that borrower, nonetheless he would be obligated to do so fulfill a mandate from heaven.<ref>Pitchei Teshuva 161:6 citing Dagul Mirvava. Nodeh Beyehuda YD 2:76 relies upon his comment in the Dagul Mirvava in conjunction with other factors.</ref> | |||
# If a lender wants to do teshuva the lender should return the interest but the borrower shouldn't accept the interest in order not to prevent the lender from doing teshuva. That is only true if the majority of the lender's business and wealth is due to interest.<ref>Shulchan Aruch 161:7</ref> | # If a lender wants to do teshuva the lender should return the interest but the borrower shouldn't accept the interest in order not to prevent the lender from doing teshuva. That is only true if the majority of the lender's business and wealth is due to interest.<ref>Shulchan Aruch 161:7</ref> | ||
# A transaction about which there is a dispute if it is Biblical interest or rabbinic interest if the lender collected it he doesn't need to return it and if the borrower grabbed it back he doesn't need to return it.<ref>Shach 161:4. See Avnei Nezer YD Brit Avraham who questions it.</ref> | # A transaction about which there is a dispute if it is Biblical interest or rabbinic interest if the lender collected it he doesn't need to return it and if the borrower grabbed it back he doesn't need to return it.<ref>Shach 161:4. See Avnei Nezer YD Brit Avraham who questions it.</ref> | ||
===Rabbinic Interest=== | ===Rabbinic Interest=== | ||
#A person who took rabbinic interest is obligated to return it but the courts can't force him to do so.<ref>Shulchan Aruch Y.D. 161:2</ref> | #A person who took rabbinic interest is obligated to return it but the courts can't force him to do so.<ref>Shulchan Aruch Y.D. 161:2</ref> | ||
