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Taking Interest: Difference between revisions
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→Paying When Debt Is Unclear
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===Paying When Debt Is Unclear=== | ===Paying When Debt Is Unclear=== | ||
# If the lender and borrower can't agree on the amount of the debt the borrower can pay the higher of the amounts. Ideally he should specify that it is a gift and not for the loan.<ref>Laws of Ribbis p. 88 citing Avnei Nezer CM 26, Brit Yehuda 5:35, Minchat Yitzchak 6:161, 9:88</ref> | # If the lender and borrower can't agree on the amount of the debt the borrower can pay the higher of the amounts. Ideally he should specify that it is a gift and not for the loan.<ref>Laws of Ribbis p. 88 citing Avnei Nezer CM 26, Brit Yehuda 5:35, Minchat Yitzchak 6:161, 9:88</ref> | ||
===Lender Benefiting from the Borrower's Property=== | |||
# It is forbidden for the lender to benefit from the borrower's property for the duration of the loan without the permission of the borrower. The reason is that it appears to the public<ref>Netivot Shalom 160:7:7 suggests that perhaps nowadays when many loans take place in private and it isn't public knowledge using the borrower's property without permission could be permitted. If the loan is only known to a few people and those people know that anyway there was a previous relationship between the lender and borrower the Netivot Shalom thinks that the Shach 166:1 would be lenient. </reF> as though the lender is only benefiting from the borrower's property because of the loan and as such the lender is taking interest.<ref>Tosfot b"m 64b s.v. aval, Rosh b"m 5:17, Rosh responsa 108:17, Shulchan Aruch Y.D. 160:7</ref> | |||
# Before or after the loan it is permitted for the lender to benefit from the borrower's property if it is the type of item that he would have done so even if not for the loan.<ref>Chelkat Binyamin 160:57</ref> | |||
# If the borrower before the loan regularly lent his property to the lender even without his permission then it is permitted to do so during the loan.<ref>Chelkat Binyamin 159:58 citing Graz n. 11. Netivot Shalom 160:7:5 argues based on the Rosh 9:8.</ref> | |||
# If everyone regularly borrows this type of item without the permission of the owner then it is permitted for the lender to borrow that item since it doesn't appear as though he is benefiting from the borrower because of the loan.<ref>Chelkat Binyamin 160:58 based on Graz</ref> | |||
==Annuity== | ==Annuity== | ||
