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Taking Interest: Difference between revisions
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→Business Obligations Upon the Borrower
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# The borrower can’t go to the simcha of the lender unless he would have done so anyway.<ref>Chelkat Binyamin 160:112</ref> | # The borrower can’t go to the simcha of the lender unless he would have done so anyway.<ref>Chelkat Binyamin 160:112</ref> | ||
===Business Obligations Upon the Borrower=== | ===Business Obligations Upon the Borrower=== | ||
# It is forbidden to lend money on condition that the borrower does business with him specifically. There is a doubt if it is Biblical interest or only rabbinic interest.<Ref>Shulchan Aruch YD 160:23. Taz 160:22 disagrees that it is certainly forbidden for a borrower to give trumah to a kohen lender since the lender is gaining but doing business with someone isn’t considered a gain since he is paying for a service. Nekudat Hakesef 160:23 writes that if the lender didn’t have a lot of business and this agreement gets him more business it is forbidden. Chelkat Binyamin 160:248 is strict for Shulchan Aruch certainly in a case of hiring a worker.</ref> | # It is forbidden to lend money on condition that the borrower does business with him or someone else<ref>Chelkat Binyamin 160::249</ref> specifically. There is a doubt if it is Biblical interest or only rabbinic interest.<Ref>Shulchan Aruch YD 160:23. Taz 160:22 disagrees that it is certainly forbidden for a borrower to give trumah to a kohen lender since the lender is gaining but doing business with someone isn’t considered a gain since he is paying for a service. Nekudat Hakesef 160:23 writes that if the lender didn’t have a lot of business and this agreement gets him more business it is forbidden. Chelkat Binyamin 160:248 is strict for Shulchan Aruch certainly in a case of hiring a worker.</ref> | ||
#If the lender has a job it is forbidden to stipulate that the borrower use the lender for his services whenever he needs that type of service.<ref>Shulchan Aruch 160:23</ref> | |||
# If the borrower has a job it is forbidden to stipulate that the borrower do that job even for a fair price for the lender whenever the lender needs it.<ref>Chelkat Binyamin 246 writes that the Gra 167:1 compares it to S"A YD 160:23. Chelkat Binyamin writes that according to the second answer of the Shach it is permitted but we shouldn't follow that answer alone.</ref> | |||
# If there is no stipulation it is nonetheless forbidden for the borrower to do business with the lender to hire him specifically.<ref>Rama 160:23</ref> If the reason one is hiring him isn't because of the loan but because he has a better deal or the like it is permitted.<ref>Chelkat Binyamin 160:253</ref> | |||
# If the lender is poor it is forbidden for the borrower to give him charity aside from repaying the loan. If he would have given him charity anyway if not for the loan it is permitted.<ref>Chelkat Binyamin 160:254</ref> | |||
===Following Instructions of the Lender=== | ===Following Instructions of the Lender=== | ||
#It is forbidden for the lender to tell the borrower that I will lend you on condition that you convince someone to give you a gift.<ref>Rabbenu Yerucham 1:8 cited by Bet Yosef 160:15 and codified by Shulchan Aruch 160:15. | #It is forbidden for the lender to tell the borrower that I will lend you on condition that you convince someone to give you a gift.<ref>Rabbenu Yerucham 1:8 cited by Bet Yosef 160:15 and codified by Shulchan Aruch 160:15. | ||
