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Taking Interest: Difference between revisions
From Halachipedia
→"Keep the Change"
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=="Keep the Change"== | =="Keep the Change"== | ||
# It is forbidden to lend money in order to get less than a prutah more than he lent.<ref>Tosfot Bava Metsia 61a s.v. im writes that based on a klal uprat it is possible to deduce that less than a prutah is excluded from ribbit. Rosh agrees. However, The Tur 161:1 cites the Ramah who disagrees. See Ritva 61a fnt. 35 who points out that the Ramah cited by Shitah Mikubeset 61a seems not be discussing this idea. Shulchan Aruch 161:1 follows the Ramah. See fnt. to Ritva who cites the Gedulei Trumah 46:1:1 who explained that the only dispute is whether a person can lend less than a prutah to receive interest but the Mishneh Lmelech Hilchot Malveh Vloveh 6:1 disagrees and says that it is a dispute where the loan is greater than a prutah to gain interest that is less than a prutah. Rav Elyashiv on Bava Metsia 61a s.v. sham btosfot comments that the Gra explains the Ramah who says that it is forbidden to take less than a prutah because a half shiur of something prohibited is also prohibited. Rav Elyashiv questions this because perhaps taking less than a prutah in one loan can’t possibly combine with another less than a prutah unless it would be another loan. </ref> After the fact if one collected interest worth less than a pruta some hold that it doesn't need to be returned.<ref>Shach 161:3 cites the Levush who suggests that the reason we don't collect less than a shava pruta is because Bet Din wouldn't a judge case of less than a shava pruta. However, Shach 103:3 argues. Chelkat Binyamin 161:4 cites the Prisha who said that the mitzvah to return it doesn't apply if it is less than a shava pruta. These two approaches differ with respect to whether there is a heavenly obligation to return less than a shava pruta, according to the Prisha there isn't.</ref> | # It is forbidden to lend money in order to get less than a prutah more than he lent.<ref>Tosfot Bava Metsia 61a s.v. im writes that based on a klal uprat it is possible to deduce that less than a prutah is excluded from ribbit. Rosh agrees. However, The Tur 161:1 cites the Ramah who disagrees. See Ritva 61a fnt. 35 who points out that the Ramah cited by Shitah Mikubeset 61a seems not be discussing this idea. Shulchan Aruch 161:1 follows the Ramah. See fnt. to Ritva who cites the Gedulei Trumah 46:1:1 who explained that the only dispute is whether a person can lend less than a prutah to receive interest but the Mishneh Lmelech Hilchot Malveh Vloveh 6:1 disagrees and says that it is a dispute where the loan is greater than a prutah to gain interest that is less than a prutah. Rav Elyashiv on Bava Metsia 61a s.v. sham btosfot comments that the Gra explains the Ramah who says that it is forbidden to take less than a prutah because a half shiur of something prohibited is also prohibited. Rav Elyashiv questions this because perhaps taking less than a prutah in one loan can’t possibly combine with another less than a prutah unless it would be another loan. </ref> After the fact if one collected interest worth less than a pruta some hold that it doesn't need to be returned.<ref>Shach 161:3 cites the Levush who suggests that the reason we don't collect less than a shava pruta is because Bet Din wouldn't a judge case of less than a shava pruta. However, Shach 103:3 argues. Chelkat Binyamin 161:4 cites the Prisha who said that the mitzvah to return it doesn't apply if it is less than a shava pruta. These two approaches differ with respect to whether there is a heavenly obligation to return less than a shava pruta, according to the Prisha there isn't.</ref> | ||
# There is no time limit to be considered a loan, even a loan for a moment is a loan and is subject to interest.<ref>Laws of Ribbit p. 116 | # There is no time limit to be considered a loan, even a loan for a moment is a loan and is subject to interest. This is true even if the time lapse isn't for the time-value of money but purely because of a convenience.<ref>Laws of Ribbit p. 116, Brit Yehuda 2:3. The Brit Yehuda writes that it is forbidden even though there's no need for a time lapse but the loan is purely for a convenience of the borrower. For example, he cites the Talmid Rashba (cited by Bet Yosef 173) and Ritva 46a regarding someone who asks for a loan while in the marketplace to purchase an item and then offers to repay the loan with interest when they walk together to his home. The Talmid Rashba concludes that paying that interest isn't ribbit since it isn't for the time lapse but for the convenience. Brit Yehuda isn't certain whether the Talmid Rashba meant to permit even charging for the convenience of the borrower or just the convenience of the lender. Either way, the Brit Yehuda argues that the rishonim and poskim absolutely do not accept this view. Additionally, you could only pay for the exact amount of the fair wage of the inconvenience otherwise caused to the lender.</ref> | ||
# It is questionable if it is permitted to borrow something and return back a tiny bit extra. For example, if you split a cab and one person pays the whole fare and the other person owes him $4.96, it seems problematic to pay the full $5 and say keep the change. The reason is that giving the extra four cents is interest which you're paying at the time of the loan.<ref>Shulchan Aruch 160:4 holds that it is forbidden to give a gift at the time of the return of the loan even if one doesn't specify that it is for the loan. Shach 160:4, Taz 160:2, and Chavot Daat 160:2 agree.</ref> Many poskim permit it when it is an amount that is insignificant to both of them (that if it fell on the ground they wouldn't pick it up) and some specifically permit it when you say give the change to [[tzedaka]].<ref>Minchat Yitzchak 9:88, Chelkat Binyamin 160:33, Horah Brurah 160:15, Laws of Ribbit p. 43, [https://www.yutorah.org/lectures/lecture.cfm/945081/rabbi-ike-sultan/ribbit-keep-the-change-(scott-hoberman)/ Rabbi Hoberman ("Keep the Change")]</ref> | # It is questionable if it is permitted to borrow something and return back a tiny bit extra. For example, if you split a cab and one person pays the whole fare and the other person owes him $4.96, it seems problematic to pay the full $5 and say keep the change. The reason is that giving the extra four cents is interest which you're paying at the time of the loan.<ref>Shulchan Aruch 160:4 holds that it is forbidden to give a gift at the time of the return of the loan even if one doesn't specify that it is for the loan. Shach 160:4, Taz 160:2, and Chavot Daat 160:2 agree.</ref> Many poskim permit it when it is an amount that is insignificant to both of them (that if it fell on the ground they wouldn't pick it up) and some specifically permit it when you say give the change to [[tzedaka]].<ref>Minchat Yitzchak 9:88, Chelkat Binyamin 160:33, Horah Brurah 160:15, Laws of Ribbit p. 43, [https://www.yutorah.org/lectures/lecture.cfm/945081/rabbi-ike-sultan/ribbit-keep-the-change-(scott-hoberman)/ Rabbi Hoberman ("Keep the Change")]</ref> | ||
==Checks== | |||
# Some poskim allow selling a check that is able to be cashed immediately for less than its face value.<Ref>Malveh Hashem 2:15:25 is lenient because one is selling it for less because of the inconvenience of having to cash it and also it is done as a sale and not as a loan. See Laws of Interest p. 217 who is lenient to sell a check at a discount.</ref> | |||
==Repaying Interest== | ==Repaying Interest== | ||
