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Taking Interest: Difference between revisions
From Halachipedia
→If Lender Benefited from the Borrower's Property
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# 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 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 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 | # 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 dispute between the Rambam that it is rabbinic interest and the Rashi that it is rabbinic.</ref> | ||
===Hiring the Lender for a Job=== | ===Hiring the Lender for a Job=== | ||
