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Taking Interest: Difference between revisions
From Halachipedia
→Lending with Interest with a Non-Jewish Agent using a Security Deposit
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# Even according to the strict opinion, a lender to a non-Jew with interest who collected a deposit from him which came originally from a Jew can collect the interest as long as he isn't certain that it was arranged improperly.<ref>Ri, Rosh, Shulchan Aruch 168:9</ref> Some say that he may not collect the interest if he knew that it was a Jewish security deposit such as if it is a Jewish article of clothing.<ref>Tur 189:9, Shulchan Aruch 168:9. Bet Yosef 168:9 s.v. yisrael shnatan notes that the Mordechai 338 held within the opinion of Rabbenu Tam that it doesn't matter whether the deposit was clearly Jewish or not.</ref> | # Even according to the strict opinion, a lender to a non-Jew with interest who collected a deposit from him which came originally from a Jew can collect the interest as long as he isn't certain that it was arranged improperly.<ref>Ri, Rosh, Shulchan Aruch 168:9</ref> Some say that he may not collect the interest if he knew that it was a Jewish security deposit such as if it is a Jewish article of clothing.<ref>Tur 189:9, Shulchan Aruch 168:9. Bet Yosef 168:9 s.v. yisrael shnatan notes that the Mordechai 338 held within the opinion of Rabbenu Tam that it doesn't matter whether the deposit was clearly Jewish or not.</ref> | ||
# If the original Jew wants to get his security deposit back from the other Jew who lent to the non-Jew and the non-Jew isn't cooperating, the lender Jew doesn't need to work with the borrower Jew since they didn't have any transaction one to another.<ref>Rosh responsa 108:8</ref> | # If the original Jew wants to get his security deposit back from the other Jew who lent to the non-Jew and the non-Jew isn't cooperating, the lender Jew doesn't need to work with the borrower Jew since they didn't have any transaction one to another.<ref>Rosh responsa 108:8</ref> | ||
====Non-Jew Selling Jewish Debt==== | |||
#If a Jew owed a non-Jew capital and interest, that non-Jew can sell that debt to another Jew. If the non-Jew collects the interest it is permitted for the Jew to accept it, yet if he doesn't then the second Jew shouldn't collect the interest from the first Jew.<ref>Rashba responsa 1:764 cited by Darkei Moshe 168:6</ref> | |||
====Jew Selling Non-Jewish Debt==== | |||
# If a Jew lent a non-Jew with interest upon a security deposit of the non-Jew. Then the non-Jew sold the security deposit to another Jew and he was told to pay the debt to the first Jew and collect the security deposit. This transaction is totally permitted since the loan was made between the Jew and non-Jew and then there was a sale of the non-Jewish debt to a Jew.<ref>Rosh responsa 108:25, Shulchan Aruch 168:12</ref> | |||
#However, if the Jew who bought the debt then didn't pay off the debt immediately in order to redeem the deposit and only paid it after some time, thereby accruing a further interest charge upon the non-Jewish lender, the non-Jew may pay that interest charge to the Jewish lender even if the non-Jew in turn forces the Jewish buyer to pay him for that interest charge. But the Jewish buyer may not pay the interest to the Jewish lender because that would paying interest.<ref>Rosh responsa 108:25, Shulchan Aruch 168:12</ref> | |||
====When the Deposit was Taken Forcibly==== | |||
# If a non-Jew took a security deposit from a Jew forcibly and then used it to borrow with interest from another Jew, that second jew may collect interest from the non-Jew but may not collect interest from the first Jew.<ref>Smak 260, Kol Bo 84, Mordechai 338 citing Riva, Baal Hatrumot 7:46:10 all quoted by the Bet Yosef 168:10</ref> Some disagree and allow collecting the interest.<ref>Rosh cited by Tur 168:10</ref> | |||
# However, under the following two circumstances one may collect the interest according to everyone: | |||
##If the force and responsibility of the loan rests upon the non-Jew besides for the security deposit then it is permitted to collect the interest from the first Jew.<ref>Bet Yosef 168:10 based on the Baal Hatrumot</ref> | |||
##Additionally, if the first Jew didn't know that his security deposit was going to be used to borrow from a Jew with interest it isn't any question of interest for him to pay the second Jew the interest to redeem his item.<ref>Maharik 16 cited by Bet Yosef 168:10</ref> | |||
===Interest Gifted to A Jew or Non-Jew=== | ===Interest Gifted to A Jew or Non-Jew=== | ||
