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Taking Interest: Difference between revisions
From Halachipedia
→Lender Benefiting from the Borrower's Property
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# If the borrower before the loan regularly lent his property to the lender even without his permission then it is permitted to do so during the loan.<ref>Chelkat Binyamin 159:58 citing Graz n. 11. Netivot Shalom 160:7:5 argues based on the Rosh 9:8.</ref> | # If the borrower before the loan regularly lent his property to the lender even without his permission then it is permitted to do so during the loan.<ref>Chelkat Binyamin 159:58 citing Graz n. 11. Netivot Shalom 160:7:5 argues based on the Rosh 9:8.</ref> | ||
# If everyone regularly borrows this type of item without the permission of the owner then it is permitted for the lender to borrow that item since it doesn't appear as though he is benefiting from the borrower because of the loan.<ref>Chelkat Binyamin 160:58 based on Graz</ref> | # If everyone regularly borrows this type of item without the permission of the owner then it is permitted for the lender to borrow that item since it doesn't appear as though he is benefiting from the borrower because of the loan.<ref>Chelkat Binyamin 160:58 based on Graz</ref> | ||
# It is forbidden for the borrower to let the lender rent a house of his or that he rented for less than the fair rent.<ref>Ranach responsa 69 cited by Pitchei Teshuva 166:2</ref> | |||
===If Lender Benefited from the Borrower's Property=== | |||
# If someone lent money he may not let the lender use his house for free. If he does that is considered rabbinic interest. If the house is up for rent then the lender needs to return the value of the rent. If the house isn't for rent and the owner wouldn't rent it, some say that it needs to be returned, while others holds there's no obligation to return it.<ref>Shulchan Aruch YD 166:1 writes that it doesn't need to be returned like the Ramban, but also cites the Rambam who says it is rabbinic interest and needs to be returned.</ref> | |||
# If someone stipulates that his borrower can use his property for free, if the house is usually rented out, that is Biblical interest and must be returned. Even if it isn't usually rented out it is still rabbinic interest and must be returned.<ref>Shulchan Aruch 166:2 cites both the opinion of the Rosh and not the Rambam who says it is always Biblical interest even if it isn't usually rented out.</ref> | |||
# If the stipulation to use the borrower's property happened after the original loan but it happened when they decided to extend the loan, it is a dispute if it is Biblical interest.<Ref>Shulchan Aruch 166:2 cites the discpute between the Rarmbam that it is rabbinic interest and the Rashi that it is rabbinic.</ref> | |||
===Hiring the Lender for a Job=== | |||
# It is forbidden to stipulate that you will lend me money and I'll hire you for a fair price because that is considered as though one is paying them for the loan. There is a dispute if this is Biblical or rabbinic interest.<ref>Maharam (kirmona edition, responsa 257), Rama Y.D. 166:3. Chelkat Binyamin 160:43 writes that the Maharam writes that it is Biblical interest, while the Rama 166:3 implies it is only rabbinic interest. He concludes that it is an unresolved dispute.</ref> | # It is forbidden to stipulate that you will lend me money and I'll hire you for a fair price because that is considered as though one is paying them for the loan. There is a dispute if this is Biblical or rabbinic interest.<ref>Maharam (kirmona edition, responsa 257), Rama Y.D. 166:3. Chelkat Binyamin 160:43 writes that the Maharam writes that it is Biblical interest, while the Rama 166:3 implies it is only rabbinic interest. He concludes that it is an unresolved dispute.</ref> | ||
# It is forbidden to lend money to someone and in the same situation be hired by him for a fare price because that appears to be interest. However, it is permitted if it is done in two settings. Alternatively, it is permitted if the loan is given as a complete gift even though the borrower is likely to give the gift back.<ref>Rama 166:3, Chelkat Binyamin 166:45, Shulchan Aruch Y.D. 177:13</ref> | # It is forbidden to lend money to someone and in the same situation be hired by him for a fare price because that appears to be interest. However, it is permitted if it is done in two settings. Alternatively, it is permitted if the loan is given as a complete gift even though the borrower is likely to give the gift back.<ref>Rama 166:3, Chelkat Binyamin 166:45, Shulchan Aruch Y.D. 177:13</ref> | ||
==Taking a Loan only to Benefit the Lender== | |||
# If someone takes a loan only for the benefit of the lender it is permitted for the borrower to let the lender benefit from the borrower's property. For example, if someone doesn't need a house and does a favor to the poor contractor and instructs him to build it and he'll be paid for his expenses. Additionally the contractor can live in the house afterwards for free. That is considered permitted even though the lender is benefiting from the lender's property since it isn't considered a loan at all but a nice deed of the borrower.<ref>Rif responsa 102, Sefer Hatrumot 4:26, Rama 166:3, Brit Yehuda 2:20</ref> | # If someone takes a loan only for the benefit of the lender it is permitted for the borrower to let the lender benefit from the borrower's property. For example, if someone doesn't need a house and does a favor to the poor contractor and instructs him to build it and he'll be paid for his expenses. Additionally the contractor can live in the house afterwards for free. That is considered permitted even though the lender is benefiting from the lender's property since it isn't considered a loan at all but a nice deed of the borrower.<ref>Rif responsa 102, Sefer Hatrumot 4:26, Rama 166:3, Brit Yehuda 2:20</ref> | ||
# Some poskim allow someone who wants to benefit a poor person or a talmid chacham to take a loan for him on interest. If that borrower makes money he needs to pay it entirely to the lender. Since he is doing it as a favor to the lender it isn't interest.<ref>Brit Yehuda 2:20. However, Chelkat Binyamin 166:3 biurim mi takes another approach based on the Levush that limits the Rama's leniency to where no money of the borrower enters the hands of the lender.</ref> | # Some poskim allow someone who wants to benefit a poor person or a talmid chacham to take a loan for him on interest. If that borrower makes money he needs to pay it entirely to the lender. Since he is doing it as a favor to the lender it isn't interest.<ref>Brit Yehuda 2:20. However, Chelkat Binyamin 166:3 biurim mi takes another approach based on the Levush that limits the Rama's leniency to where no money of the borrower enters the hands of the lender.</ref> | ||
==Annuity== | ==Annuity== | ||
