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Taking Interest: Difference between revisions
From Halachipedia
→Lending Commodities for Other Commodities
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==Lending Commodities for Other Commodities== | ==Lending Commodities for Other Commodities== | ||
# It is rabbinically forbidden to lend items for the same quantity of that item.<ref>Shulchan Aruch 160:21. | # It is rabbinically forbidden to lend<ref>Rosh respona 108:7 implies that lending commodities isn't forbidden in it of itself but the prohibition is only violated if the lender ends up collecting more than he borrowed. (Chelkat Binyamin (biurim 162:5 s.v. haloveh) rereads the Rosh.) The Ramban Shabbat 148b s.v. ha certainly holds that opinion. However, the Chelkat Binyamin 162:1 learns from Tosfot b"m 75a that it is forbidden even to set up such a transaction even if one never collects any gain. That approach is adopted as the halacha bu Shach 162:13 and Chelket Binyamin.</ref> items for the same quantity of that item.<ref>Shulchan Aruch 160:21. | ||
Why is it only rabbinic interest to lend commodities? | Why is it only rabbinic interest to lend commodities? | ||
*Rosh responsa 108:6 writes that the reason is that Biblically you can repay the same quantity of a commodity for that commodity and that is Biblically required as part of your loan. | *Rosh responsa 108:6 writes that the reason is that Biblically you can repay the same quantity of a commodity for that commodity and that is Biblically required as part of your loan. | ||
*Ritva 60b s.v. vtisbara, Ramban 60b s.v. ulbsof, Ran s.v. ulinyan, Nemukei Yosef s.v. eizhu batar mikara all write that it isn't Biblical interest since it isn't clear that a person will gain since the commodity might not go up in price. See also Taz 162:1 andRashi 62b sv bdiynenu safek.</ref> | *Ritva 60b s.v. vtisbara, Ramban 60b s.v. ulbsof, Ran s.v. ulinyan, Nemukei Yosef s.v. eizhu batar mikara all write that it isn't Biblical interest since it isn't clear that a person will gain since the commodity might not go up in price. See also Taz 162:1 andRashi 62b sv bdiynenu safek.</ref> | ||
# It is Biblically forbidden to lend an item for a greater quantity of that item. For example, lending 100 apples for 120 apples is Biblical interest.<ref>Shulchan Aruch YD 160:21</ref> | # It is Biblically forbidden to lend an item for a greater quantity of that item. For example, lending 100 apples for 120 apples is Biblical interest.<ref>Devarim 23:20, Shulchan Aruch YD 160:21</ref> | ||
# It is forbidden to lend an item to get back the same type of item. This is called ''Seah B'seah''. For example, lending out a 5 pound bag of flour to get back another bag of flour is forbidden.<ref>Bava Metsia 75a</ref> | # It is forbidden to lend an item to get back the same type of item. This is called ''Seah B'seah''. For example, lending out a 5 pound bag of flour to get back another bag of flour is forbidden.<ref>Bava Metsia 75a</ref> | ||
# This type of rabbinic ribbit is permitted if the borrower has some of the same type of the item he is borrowing. For example, if someone has one egg and wants to borrow five more eggs they can do so since they already have one.<ref>Bava Metsia 75a</ref> | # This type of rabbinic ribbit is permitted if the borrower has some of the same type of the item he is borrowing. For example, if someone has one egg and wants to borrow five more eggs they can do so since they already have one.<ref>Bava Metsia 75a</ref> | ||
