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Taking Interest: Difference between revisions
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→Before or After the Loan
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#It is forbidden to give a gift or interest even before or after a loan from another Jew and certainly during the loan.<ref>Mishna Bava Metsia 75b, Shulchan Aruch YD 160:6</ref> If someone does so they violated avak ribbit.<ref>Shulchan Aruch YD 160:6, Shach 160:8. Bet Yosef 160:5 inquires whether giving a gift after the loan that was specified for the loan is considered a Biblical violation of ribbit or only rabbinic. He notes that the Rambam Malveh Vloveh 6:3 who writes that one only violates ribbit Biblically if it was specified at the time of the initial loan would think this is only rabbinic ribbit. See Bet Yosef 166:3 that perhaps Rashi holds it is Biblical.</ref> | #It is forbidden to give a gift or interest even before or after a loan from another Jew and certainly during the loan.<ref>Mishna Bava Metsia 75b, Shulchan Aruch YD 160:6</ref> If someone does so they violated avak ribbit.<ref>Shulchan Aruch YD 160:6, Shach 160:8. Bet Yosef 160:5 inquires whether giving a gift after the loan that was specified for the loan is considered a Biblical violation of ribbit or only rabbinic. He notes that the Rambam Malveh Vloveh 6:3 who writes that one only violates ribbit Biblically if it was specified at the time of the initial loan would think this is only rabbinic ribbit. See Bet Yosef 166:3 that perhaps Rashi holds it is Biblical.</ref> | ||
===Before or After the Loan=== | ===Before or After the Loan=== | ||
# Some say that it is permitted to give a gift before or after the loan from another Jew if you don’t specify that it is because of the loan.<ref>Tur 160:6, Bet Yosef citing Rosh, Hagot Mordechai 433, Smak 260, and Rashi 73b s.v. achulei, Rama 160:6. Smag cited by Tur 160:6 makes a compromise to allow it if it is a small gift.</ref> However, others disagree.<ref>Rambam Malveh Uloveh 5:11, Shulchan Aruch 160:6</ref> Ashkenazim follow the first opinion and Sephardim the second.<ref>Laws of Ribbis p. 87 is lenient.</ref> | # Some say that it is permitted to give a gift before or after the loan from another Jew if you don’t specify that it is because of the loan.<ref>Tur 160:6, Bet Yosef citing Rosh, Hagot Mordechai 433, Smak 260, and Rashi 73b s.v. achulei, Rama 160:6. Smag cited by Tur 160:6 makes a compromise to allow it if it is a small gift.</ref> However, others disagree.<ref>Rambam Malveh Uloveh 5:11, Shulchan Aruch 160:6</ref> Ashkenazim follow the first opinion and Sephardim the second.<ref>Laws of Ribbis p. 87 is lenient.</ref> | ||
# All agree that it is forbidden if it is a large gift or if you specify it is because of the loan.<ref>Rama 160:6</ref> The determination of a large and small gift depends on the people and context. Any gift which people would understand is in gratitude<ref>Netivot Shalom 160:12 quotes the Machaneh Efraim 17 who says that if one gives a gift explicitly out of gratitude it is permitted, however, that is completely rejected by the Hagahot Ashri 5 and Rashba b"b 138b.</ref> for the loan is forbidden.<ref>Chelkat Binyamin 160:48</ref> | |||
# Some say that everyone agrees if one’s intention is to give it because of the loan it is forbidden.<ref>Shach 160:10, Taz 160:3, Chelkat Binyamin 160:45</ref> However, there is an opinion that it is permitted if one doesn’t specify that it is for the loan.<ref>Chavot Daat 160:3 writes that even if one intends to give a gift in order to get a loan it is permitted as long as one doesn’t specify that it is for the loan. Pitchei Teshuva 160:7 cites this.</ref> For example, paying to be able to buy on credit is forbidden.<Ref>The Laws of Ribbis p. 87</ref> | # Some say that everyone agrees if one’s intention is to give it because of the loan it is forbidden.<ref>Shach 160:10, Taz 160:3, Chelkat Binyamin 160:45</ref> However, there is an opinion that it is permitted if one doesn’t specify that it is for the loan.<ref>Chavot Daat 160:3 writes that even if one intends to give a gift in order to get a loan it is permitted as long as one doesn’t specify that it is for the loan. Pitchei Teshuva 160:7 cites this.</ref> For example, paying to be able to buy on credit is forbidden.<Ref>The Laws of Ribbis p. 87</ref> | ||
# Some say that it is permitted to give a gift before or after the loan from another Jew if you usually give the lender such gifts.<ref>Tosfot 64b s.v. achal, Sefer Hatrumot 2:46:3:11, Rambam Malveh Uloveh 5:12, Bet Yosef 161:4</ref> It is permitted for a borrower to hand a tissue to the lender since it is a common courtesy.<ref>Laws of Ribbis p. 90</ref> | # Some say that it is permitted to give a gift before or after the loan from another Jew if you usually give the lender such gifts.<ref>Tosfot 64b s.v. achal, Sefer Hatrumot 2:46:3:11, Rambam Malveh Uloveh 5:12, Bet Yosef 161:4</ref> It is permitted for a borrower to hand a tissue to the lender since it is a common courtesy.<ref>Laws of Ribbis p. 90</ref> | ||
# If it is a long time after the loan it is permitted to give a gift that isn't because of the loan.<ref>Bet Yosef 160:6 proves from Tosfot Gittin 20b that it is permitted to give a gift to the lender a long time after the loan. Shach 160:10 agrees but adds that if one specifies that the gift is because of the loan it is forbidden even if it is a while later. Chelkat Binyamin 160:49 argues and concludes that there is what to rely upon to be lenient.</ref> This statue of limitations to gifts depends on the context. As long as it is clear that it is because of the loan it is forbidden, but once it isn't clear that it is because of the loan it is permitted.<ref>Chelkat Binyamin 160:49</ref> | |||
# If the borrower and lender have become friends because of the loan and at this point in their relationship it would be normal to give such a gift for the friendship such as for a celebration and not because of the loan it is permitted. This is only permitted if it is clear that the gift is for the friendship and not the loan.<ref>Netivot Shalom 160:6:13:4</ref> | |||
===Mitzvot=== | ===Mitzvot=== | ||
