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Corporations and Partnerships with Respect to Ribbit: Difference between revisions
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Corporations and Partnerships with Respect to Ribbit (view source)
Revision as of 18:43, 21 August 2024
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# This leniency does not apply to money designated for a tzedaka unless it was given to a charity and is in the domain of the charity.<ref>Chelkat Binyamin 160:195 based on Mishna Lmelech</ref> | # This leniency does not apply to money designated for a tzedaka unless it was given to a charity and is in the domain of the charity.<ref>Chelkat Binyamin 160:195 based on Mishna Lmelech</ref> | ||
# Charity that is designated for an individual poor person can be lent with rabbinic interest.<ref>Chelkat Binyamin 160:196 quotes the Bet Yosef within the Rashba says that lending charity with rabbinic interest is only permitted if the money isn’t yet designated for one poor person. However, the achronim hold that it is permitted as long is it is designated for the poor and even an individual.</ref> | # Charity that is designated for an individual poor person can be lent with rabbinic interest.<ref>Chelkat Binyamin 160:196 quotes the Bet Yosef within the Rashba says that lending charity with rabbinic interest is only permitted if the money isn’t yet designated for one poor person. However, the achronim hold that it is permitted as long is it is designated for the poor and even an individual.</ref> | ||
# Can you lend money with rabbinic interest to spend that money for a mitzvah? Some poskim hold that it is forbidden,<ref>Mishna Brurah (Shaar Hatziyun 242:15)</ref> while others hold it is permitted.<ref>Chazon Ovadia Shabbat v. 1 p. 9 writes that it is permitted to lend money with rabbinic interest in order to spend it for a Shabbat meal or seudat mitzvah. This is based on the Magen Avraham 242:2 who says that it is permitted to | # Can you lend money with rabbinic interest to spend that money for a mitzvah? Some poskim hold that it is forbidden,<ref>Mishna Brurah (Shaar Hatziyun 242:15)</ref> while others hold it is permitted.<ref>Chazon Ovadia Shabbat v. 1 p. 9 writes that it is permitted to lend money with rabbinic interest in order to spend it for a Shabbat meal or seudat mitzvah. This is based on the Magen Avraham 242:2 who says that it is permitted to borrow with interest in order to spend for a Shabbat meal. | ||
* Yerushalmi Sanhedrin 8 | *Yerushalmi Sanhedrin 8:2 establishes that it is permitted to borrow with interest in order to have money for a meal of a mitzvah such to establish the kiddush hachodesh. Shibolei Haleket 55 applies this also to Shabbat meals. What type of interest is permitted for a mitzvah? Or Zaruah Tzedaka 30 explains that even biblical interest is permitted to further a mitzvah. Mordechai b”m 287 cites Rabbenu Shmuel who agrees. This opinion is cited in the Aguda b”m 4:73, Maharil 37, and Hagahot Maimoniyot (kushta edition, malveh 4). Mahara Ben Tauba cited in Tashbetz 34 agreed. However, this opinion is rejected by the overwhelming majority of poskim as is evidenced by Bet Yosef 160:18. | ||
* Maharam (krimnoa edition 109) holds that it is forbidden to lend money for charity with biblical interest but it is permitted to lend them with rabbinic interest. This is also the opinion of the Rosh responsa 18:8, Rashba responsa 4:232, Shulchan Aruch 160:18, and Gra 160:43. Radvaz 6:2306 writes that everyone holds that rabbinic interest is permitted for charity. | *Maharam (krimnoa edition 109) holds that it is forbidden to lend money for charity with biblical interest but it is permitted to lend them with rabbinic interest. This is also the opinion of the Rosh responsa 18:8, Rashba responsa 4:232, Shulchan Aruch 160:18, and Gra 160:43. Radvaz 6:2306 writes that everyone holds that rabbinic interest is permitted for charity. | ||
* Magen Avraham 242:2 cites the Shibolei Haleket that it is permitted to | *Magen Avraham 242:2 cites the Shibolei Haleket that it is permitted to borrow with interest for a Shabbat meal. The Netiv Chaim explains that this means borrowing with interest from a non-Jew. However, Rav Ovadia (Chazon Ovadia Shabbat v. 1 p. 7) argues that there is no prohibition to borrow from a non-Jews with interest (Rambam Malveh 5:2). Shulchan Aruch Harav 242:9, Rav Shlomo Kluger in Chachmat Shlomo 242, Kinyan Torah 7:20, Bear Yakov 242 cited by Pitchei Teshuva 160:22, and Chazon Ovadia all hold that it is permitted to lend with rabbinic interest in order to get money for the meals of Shabbat. Shevet Halevi 2:64:1, 8:189 seems also to support this opinion.</ref> | ||
# If a power of attorney or agent lent money of orphans with interest on their behalf and they already took that money the power of attorney or agent doesn’t need to pay it back and the orphans as well can keep it.<ref>Shulchan Aruch 160:20</ref> | # If a power of attorney or agent lent money of orphans with interest on their behalf and they already took that money the power of attorney or agent doesn’t need to pay it back and the orphans as well can keep it.<ref>Shulchan Aruch 160:20</ref> | ||
