Returning Interest That Was Wrongly Collected: Difference between revisions
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Returning Interest That Was Wrongly Collected (view source)
Revision as of 20:16, 13 July 2020
, 13 July 2020→Biblical Interest
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# 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 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 | # A transaction about which there is a dispute if it is Biblical interest or rabbinic interest, the lender should not collect it. If the lender collected it the lender should return it, though the Bet Din can't force him to do so.<ref>Taz 177:68</ref> If he decides that he doesn't want to pay it and the borrower grabbed it back, the borrower wouldn't need to return it.<ref>Shach 161:4</ref> | ||
===Rabbinic Interest=== | ===Rabbinic Interest=== | ||
