16,374
edits
Taking Interest: Difference between revisions
From Halachipedia
→Rabbinic Interest
| Line 29: | Line 29: | ||
# A borrower who paid the rabbinic interest because a errant judge ruled he should do so is entitled to that money from the lender.<ref>Shulchan Aruch 161:4</ref> | # A borrower who paid the rabbinic interest because a errant judge ruled he should do so is entitled to that money from the lender.<ref>Shulchan Aruch 161:4</ref> | ||
# A lender who collected interest from lending a commodity and getting that same type of item in return (''Seah Bseah'') violated rabbinic interest and should return it but the courts can't extract it from him.<ref>Shulchan Aruch 161:1</ref> | # A lender who collected interest from lending a commodity and getting that same type of item in return (''Seah Bseah'') violated rabbinic interest and should return it but the courts can't extract it from him.<ref>Shulchan Aruch 161:1</ref> | ||
#A person who took gifts to give a loan before the loan or a gift after the loan was repaid doesn't need to return it.<ref>Based on the Rashba's teshuva, Rama 161:2 writes that ribbit before and after the loan isn't as serious as other cases of rabbinic interest and doesn't need to be returned.</ref> | #A person who took gifts to give a loan before the loan or a gift after the loan was repaid doesn't need to return it.<ref>Based on the Rashba's teshuva, Rama 161:2 writes that ribbit before and after the loan isn't as serious as other cases of rabbinic interest and doesn't need to be returned. The Gra 161:8 explains that the reason that ribbit that is before or after the loan doesn't need to be returned is because it is was given as a gift. Chelkat Binyamin 161:18 agrees.</ref> | ||
===Returning Items=== | ===Returning Items=== | ||
# If was given a bunch of objects at a discount for the interest payment he must return all of the items he collected as interest or he needs to pay the fair price of the objects he collected. For example, if the borrower owed a dollar of interest and he gave the lender five pounds of wheat when the fair price was four pounds for a dollar, the lender must repay the borrower either all of the five pounds of wheat or the fair price of the five pounds of wheat which is a dollar and a quarter.<ref>Rava in Gemara Bava Metsia 65a, Shulchan Aruch Y.D. 161:8. The Netivot Shalom 161:8:1 writes based on the Ramban that the reason for Rava is that since the fifth pound of wheat was acquired as a result and a benefit of the interest payment it is included in the interest and must be returned. | # If was given a bunch of objects at a discount for the interest payment he must return all of the items he collected as interest or he needs to pay the fair price of the objects he collected. For example, if the borrower owed a dollar of interest and he gave the lender five pounds of wheat when the fair price was four pounds for a dollar, the lender must repay the borrower either all of the five pounds of wheat or the fair price of the five pounds of wheat which is a dollar and a quarter.<ref>Rava in Gemara Bava Metsia 65a, Shulchan Aruch Y.D. 161:8. The Netivot Shalom 161:8:1 writes based on the Ramban that the reason for Rava is that since the fifth pound of wheat was acquired as a result and a benefit of the interest payment it is included in the interest and must be returned. | ||
