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Taking Interest: Difference between revisions
From Halachipedia
→"Keep the Change"
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# It is forbidden to lend money in order to get less than a prutah more than he lent.<ref>Tosfot Bava Metsia 61a s.v. im writes that based on a klal uprat it is possible to deduce that less than a prutah is excluded from ribbit. Rosh agrees. However, The Tur 161:1 cites the Ramah who disagrees. See Ritva 61a fnt. 35 who points out that the Ramah cited by Shitah Mikubeset 61a seems not be discussing this idea. Shulchan Aruch 161:1 follows the Ramah. See fnt. to Ritva who cites the Gedulei Trumah 46:1:1 who explained that the only dispute is whether a person can lend less than a prutah to receive interest but the Mishneh Lmelech Hilchot Malveh Vloveh 6:1 disagrees and says that it is a dispute where the loan is greater than a prutah to gain interest that is less than a prutah. Rav Elyashiv on Bava Metsia 61a s.v. sham btosfot comments that the Gra explains the Ramah who says that it is forbidden to take less than a prutah because a half shiur of something prohibited is also prohibited. Rav Elyashiv questions this because perhaps taking less than a prutah in one loan can’t possibly combine with another less than a prutah unless it would be another loan. </ref> | # It is forbidden to lend money in order to get less than a prutah more than he lent.<ref>Tosfot Bava Metsia 61a s.v. im writes that based on a klal uprat it is possible to deduce that less than a prutah is excluded from ribbit. Rosh agrees. However, The Tur 161:1 cites the Ramah who disagrees. See Ritva 61a fnt. 35 who points out that the Ramah cited by Shitah Mikubeset 61a seems not be discussing this idea. Shulchan Aruch 161:1 follows the Ramah. See fnt. to Ritva who cites the Gedulei Trumah 46:1:1 who explained that the only dispute is whether a person can lend less than a prutah to receive interest but the Mishneh Lmelech Hilchot Malveh Vloveh 6:1 disagrees and says that it is a dispute where the loan is greater than a prutah to gain interest that is less than a prutah. Rav Elyashiv on Bava Metsia 61a s.v. sham btosfot comments that the Gra explains the Ramah who says that it is forbidden to take less than a prutah because a half shiur of something prohibited is also prohibited. Rav Elyashiv questions this because perhaps taking less than a prutah in one loan can’t possibly combine with another less than a prutah unless it would be another loan. </ref> | ||
# There is no time limit to be considered a loan, even a loan for a moment is a loan and is subject to interest.<ref>Laws of Ribbit p. 116 citing Brit Yehuda 2:3</ref> | # There is no time limit to be considered a loan, even a loan for a moment is a loan and is subject to interest.<ref>Laws of Ribbit p. 116 citing Brit Yehuda 2:3</ref> | ||
# It is questionable if it is permitted to borrow something and return back a tiny bit extra. For example, if you split a cab and one person pays the whole fare and the other person owes him $4.96, it seems problematic to pay the full $5 and say keep the change. The reason is that giving the extra four cents is interest which you're paying at the time of the loan.<ref>Shulchan Aruch 160:4 holds that it is forbidden to give a gift at the time of the return of the loan even if one doesn't specify that it is for the loan. Shach 160:4, Taz 160:2, and Chavot Daat 160:2 agree.</ref> Many poskim permit it when it is an amount that is insignificant to both of them (that if it fell on the ground they wouldn't pick it up) and some specifically permit it when you say give the change to [[tzedaka]].<ref>Minchat Yitzchak 9:88, Chelkat Binyamin 160:33, Horah Brurah 160:15, Laws of Ribbit p. 43</ref> | # It is questionable if it is permitted to borrow something and return back a tiny bit extra. For example, if you split a cab and one person pays the whole fare and the other person owes him $4.96, it seems problematic to pay the full $5 and say keep the change. The reason is that giving the extra four cents is interest which you're paying at the time of the loan.<ref>Shulchan Aruch 160:4 holds that it is forbidden to give a gift at the time of the return of the loan even if one doesn't specify that it is for the loan. Shach 160:4, Taz 160:2, and Chavot Daat 160:2 agree.</ref> Many poskim permit it when it is an amount that is insignificant to both of them (that if it fell on the ground they wouldn't pick it up) and some specifically permit it when you say give the change to [[tzedaka]].<ref>Minchat Yitzchak 9:88, Chelkat Binyamin 160:33, Horah Brurah 160:15, Laws of Ribbit p. 43, [https://www.yutorah.org/lectures/lecture.cfm/945081/rabbi-ike-sultan/ribbit-keep-the-change-(scott-hoberman)/ Rabbi Hoberman ("Keep the Change")]</ref> | ||
==Repaying Interest== | ==Repaying Interest== | ||
