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Taking Interest: Difference between revisions
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→One Commodity for Another Commodity
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# If one lends one commodity for another commodity of the equivalent value it is forbidden perhaps the value of commodity that needs to be returned will increase in price. This is forbidden even if the borrower has some or all of the quantity of the commodity necessary to repay the loan and it is forbidden even if the marketplace price for the commodity to be returned is fixed.<Ref>The Raavad cited by Baal Hatrumot 46:5:7 and Tur 162:5 explains that the leniencies of seah bseah only apply when one is borrowing one commodity to repay that same commodity. However, if one repays another commodity it is forbidden even if it is yesh lo and yatza hashaar. Shulchan Aruch Y.D. 162:5 codifies the opinion of the Raavad. The Perisha 162:21 explains that when one repays a loan with the same commodity it doesn't appear as interest since the difference in price between the loan and repayment isn't viewed as significant. However, once the repayment is in another commodity it is viewed as interest. Therefore, the leniencies of seah bseah don't apply here. Similarly, Netivot Shalom 162:5 explains that once one is trying to gain another commodity it appears as though one is investing in order to gain, however, when one lends one commodity to get back the same quantity of that commodity it doesn't appear as though one is trying to invest. Chelkat Binyamin interprets the Levush 162:5 as explaining that since the difference between the prices is relative and can change yatza hashaar doesn't help. Additionally, since the second commodity isn't a complete payment of the first commodity even yesh lo is insufficient.</ref> | # If one lends one commodity for another commodity of the equivalent value it is forbidden perhaps the value of commodity that needs to be returned will increase in price. This is forbidden even if the borrower has some or all of the quantity of the commodity necessary to repay the loan and it is forbidden even if the marketplace price for the commodity to be returned is fixed.<Ref>The Raavad cited by Baal Hatrumot 46:5:7 and Tur 162:5 explains that the leniencies of seah bseah only apply when one is borrowing one commodity to repay that same commodity. However, if one repays another commodity it is forbidden even if it is yesh lo and yatza hashaar. Shulchan Aruch Y.D. 162:5 codifies the opinion of the Raavad. The Perisha 162:21 explains that when one repays a loan with the same commodity it doesn't appear as interest since the difference in price between the loan and repayment isn't viewed as significant. However, once the repayment is in another commodity it is viewed as interest. Therefore, the leniencies of seah bseah don't apply here. Similarly, Netivot Shalom 162:5 explains that once one is trying to gain another commodity it appears as though one is investing in order to gain, however, when one lends one commodity to get back the same quantity of that commodity it doesn't appear as though one is trying to invest. Chelkat Binyamin interprets the Levush 162:5 as explaining that since the difference between the prices is relative and can change yatza hashaar doesn't help. Additionally, since the second commodity isn't a complete payment of the first commodity even yesh lo is insufficient.</ref> | ||
#This is only forbidden when one states this with the language of a loan but not if one says that one is selling one commodity for another.<ref>Shach 173:16 writes that based on Tosfot Bava Metsia 46a anytime one is repaying with another commodity it is permitted since it is considered a sale and not a loan. However, when one uses the language of a loan it is nonetheless treated like a loan and interest is forbidden. The Taz 162:9 states this same opinion with respect to the Raavad. Rabbi Akiva Eiger 162:5 connects the Taz with the Shach. Chavot Daat 161:1 as explained by the Netivot Shalom 162:5 holds that anytime one repays a commodity with another one it is automatically a sale on a Biblical level and there is only a rabbinic issue of interest.</ref> | #This is only forbidden when one states this with the language of a loan but not if one says that one is selling one commodity for another.<ref>Shach 173:16 writes that based on Tosfot Bava Metsia 46a anytime one is repaying with another commodity it is permitted since it is considered a sale and not a loan. However, when one uses the language of a loan it is nonetheless treated like a loan and interest is forbidden. The Taz 162:9 states this same opinion with respect to the Raavad. Rabbi Akiva Eiger 162:5 connects the Taz with the Shach. Chavot Daat 161:1 as explained by the Netivot Shalom 162:5 holds that anytime one repays a commodity with another one it is automatically a sale on a Biblical level and there is only a rabbinic issue of interest.</ref> | ||
===Demanding Repayment When It Is More Expensive=== | |||
# If the lender demands the borrower to repay the loan specifically at a time when the commodity is more expensive in price that it is certainly forbidden unless the borrower has some of the commodity.<ref>Rosh, Shach 162</ref> | |||
# If the lender demands the borrower to repay the loan specifically at a higher price it is forbidden unless the borrower has some of the commodity.<ref>Kol Bo and Smak, Rama 162:3</ref> | |||
==Involvement with Interest== | ==Involvement with Interest== | ||
