16,374
edits
Returning Interest That Was Wrongly Collected: Difference between revisions
From Halachipedia
Returning Interest That Was Wrongly Collected (view source)
Revision as of 14:13, 5 April 2020
, 5 April 2020→Converting an Interest Loan into a Heter Iska
No edit summary |
|||
| Line 41: | Line 41: | ||
===Converting an Interest Loan into a Heter Iska=== | ===Converting an Interest Loan into a Heter Iska=== | ||
# Some hold that it is evading ribbit and forbidden to convert an interest loan into a heter iska.<ref>Yabia Omer YD 1:13 forbids this because of haramat ribbit unlike the Rav Poalim YD 4:11 who allows converting a loan with interest into a loan with a penalty if not returned by the delivery date. Yabia Omer argues that doing such a conversion is haaramat ribbit. Radvaz 3:511 writes that haaramat ribbit depends on the time and place and in a generation that isn't careful in this area more cases are forbidden.</ref> | # Some hold that it is evading ribbit and forbidden to convert an interest loan into a heter iska.<ref>Yabia Omer YD 1:13 forbids this because of haramat ribbit unlike the Rav Poalim YD 4:11 who allows converting a loan with interest into a loan with a penalty if not returned by the delivery date. Yabia Omer argues that doing such a conversion is haaramat ribbit. Radvaz 3:511 writes that haaramat ribbit depends on the time and place and in a generation that isn't careful in this area more cases are forbidden.</ref> | ||
===Repaying Interest Paid to a Third Party=== | |||
#Regarding when tzedaka was paid as interest from the borrower, see the ramifications discussed here: [[When_Is_It_Permitted_to_Benefit_the_Lender#Payments_from_a_Borrower_to_a_Third_Party]] | |||
===Repaying Interest Paid by a Third Party=== | |||
# If a person borrowed from another Jew with interest and then gave his loan to a third Jew, that third Jew doesn't have to pay the interest and if has to go to Bet Din to exempt himself of interest, the original borrower has to pay for his expenses.<Ref>Mordechai b"m 327 citing the Maharam, Bet Yosef 168:26 quotes the Mordechai</ref> | |||
# If a person borrowed from another Jew with interest and then gave his loan to a third Jew, but the lender claims that the interest was permitted since they used a heter iska or the like, then the third party is obligated to pay the interest.<ref>Mordechai b"m 327 cited by Bet Yosef 168:26</ref> | |||
==Sources== | ==Sources== | ||
<references/> | <references/> | ||
[[Category:Ribbit]] | [[Category:Ribbit]] | ||
