Taking Interest: Difference between revisions

# If the borrower stipulated to give a certain amount of interest and then gives an extra gift as well at the time of the payment that gift is considered rabbinic interest and the bet din can't force its return. Nonetheless, the lender has an obligation to pay it.<ref>Netivot Shalom 161:8:2 writes that since there's no connection between the interest and the gift and so the gift is only rabbinic interest and it isn't similar to Rava in Bava Metsia 65a.</ref>

# If a person stipulated to give an item as interest that item must be returned and not its value.<ref>Pitchei Teshuva 161:9 citing the Mishna Lmelech (Malveh Vloveh 8:15)</ref>

# If the loan wasn't yet paid up and the borrower paid the lender rabbinic interest, some say that the amount of the rabbinic interest that was already paid is deducted from the capital and the difference is paid. However, others hold that the entire capital must be paid. The first opinion is the one accepted as the halacha.<ref>Shulchan Aruch and Rama 166:3. Rif holds that if someone owes rabbinic interest it isn't deducted from the capital because doing so is like removing the lender from what he is entitled to and bet din doesn't force returning rabbinic interest. However, the Rosh cites Rabbenu Efraim who holds that unless deducting the interest will cause the borrower to have to leave a field left to him as a collateral, generally the rabbinic interest is deducted. Shulchan Aruch 166:2 cites both opinions and the Rama follows the Rabbenu Efraim. </ref>