Returning Interest That Was Wrongly Collected: Difference between revisions
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Revision as of 05:59, 25 January 2021
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==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 | # 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 never works for ribbit and the Rambam holds that it is works after the fact.</ref> | ||
# If a person forced the borrower to swear that he would forgive the interest after he paid it, that is forbidden to give and take interest and the vow is in invalid.<ref>Ritva Bava Metsia 61a s.v. ma, Bedek Habayit 160:5</ref> | # If a person forced the borrower to swear that he would forgive the interest after he paid it, that is forbidden to give and take interest and the vow is in invalid.<ref>Ritva Bava Metsia 61a s.v. ma, Bedek Habayit 160:5</ref> | ||
# The mechila has to be explicit and can’t be assumed by the lender since the borrower didn’t ask he forgave it.<ref>Pitchei Teshuva 160:1 citing Yavetz 1:147</ref> | # The mechila has to be explicit and can’t be assumed by the lender since the borrower didn’t ask he forgave it.<ref>Pitchei Teshuva 160:1 citing Yavetz 1:147</ref> | ||
