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Categories of Ribbit: Difference between revisions
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==Rabbinic Prohibition of Interest== | ==Rabbinic Prohibition of Interest== | ||
# There are several different forms of interest that are prohibited only rabbinically. There are several practical differences if it is only rabbinic. For example, Rabbinic interest was not extended to charities.<ref> Shulchan Aruch and Rama YD 160:18 </ref> Additionally, one who receives biblical interest must return it but this does not apply to certain cases of rabbinic interest.<ref> Shulchan Aruch YD 161:2 </ref> | # There are several different forms of interest that are prohibited only rabbinically. There are several practical differences if it is only rabbinic. For example, Rabbinic interest was not extended to charities.<ref> Shulchan Aruch and Rama YD 160:18 </ref> Additionally, one who receives biblical interest must return it but this does not apply to certain cases of rabbinic interest.<ref> Shulchan Aruch YD 161:2 </ref> | ||
#There is no prohibition of ribbit upon the borrower whenever it is rabbinic ribbit, the prohibition is upon the lender.<ref>Nemukei Yosef b”m 39b s.v. garsinan, Ritva there, Darkei Moshe 160:2, Rama Y.D. 160:1</ref> It is nonetheless forbidden for the borrower to give the lender a thank you (or other cases of [[When Is It Permitted to Benefit the Lender#Favors, Kind Gestures, and Saying Thank You (Ribbit Devarim)|ribbit devarim]]).<ref>Rabbi Willig ([https://www.yutorah.org/lectures/1115931 Shiur on Ribbis Devarim], towards the beginning) based on Chedrei Deah 160 and Bet Halevi explained that although in general rabbinic ribbit doesn't apply to the loveh, ribbit devarim does since there is no other way the rabbis could have forbade it unless it was forbidden for the loveh. He also explained that it isn't a question for Yereyim who holds that ribbit devarim is deoritta.</ref> | #There is no prohibition of ribbit upon the borrower whenever it is rabbinic ribbit, the prohibition is upon the lender. However, the borrower does violate [[Lifnei Iver|lifnei iver]] if he causes the lender to violate a prohibition.<ref>Nemukei Yosef b”m 39b s.v. garsinan, Ritva there, Darkei Moshe 160:2, Rama Y.D. 160:1. Chelkat Binyamin 160:14 quotes a dispute if this lifnei iver is deoritta since the isur he is being tripped up to violate is only derabbanan. He writes that Tosfot (Chagiga 18a) and Rosh (Moed Katan 1:1) hold that it is only lifnei iver derabbanan, but Tosfot (Avoda Zara 22a) holds it is lifnei iver deoritta since an isur derabbanan is a real stumbling block. </ref> It is nonetheless forbidden for the borrower to give the lender a thank you (or other cases of [[When Is It Permitted to Benefit the Lender#Favors, Kind Gestures, and Saying Thank You (Ribbit Devarim)|ribbit devarim]]).<ref>Rabbi Willig ([https://www.yutorah.org/lectures/1115931 Shiur on Ribbis Devarim], towards the beginning) based on Chedrei Deah 160 and Bet Halevi explained that although in general rabbinic ribbit doesn't apply to the loveh, ribbit devarim does since there is no other way the rabbis could have forbade it unless it was forbidden for the loveh. He also explained that it isn't a question for Yereyim who holds that ribbit devarim is deoritta.</ref> | ||
# It is permitted for the yeshiva to give out student loans for tuition with interest since it is only a rabbinic form of interest in that the money was never given to the students to spend and a yeshiva is allowed to taking rabbinic forms of interest.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/900500/rabbi-hershel-schachter/dinei-ribbis/ Rav Hershel Schachter (Dinei Ribbis min 35-40)] explained that it is permitted for a yeshiva to lend money on interest for student tuition loans since the money isn't given to the students as a loan and then repaid, it is used to pay off the debt for classes and services provided. Postponing paying for a service isn't derech halvah, the nature of borrowing, and therefore only a rabbinic form of interest, which is permitted for a yeshiva.</ref> | # It is permitted for the yeshiva to give out student loans for tuition with interest since it is only a rabbinic form of interest in that the money was never given to the students to spend and a yeshiva is allowed to taking rabbinic forms of interest.<ref>[https://www.yutorah.org/sidebar/lecture.cfm/900500/rabbi-hershel-schachter/dinei-ribbis/ Rav Hershel Schachter (Dinei Ribbis min 35-40)] explained that it is permitted for a yeshiva to lend money on interest for student tuition loans since the money isn't given to the students as a loan and then repaid, it is used to pay off the debt for classes and services provided. Postponing paying for a service isn't derech halvah, the nature of borrowing, and therefore only a rabbinic form of interest, which is permitted for a yeshiva.</ref> | ||
