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Taking Interest: Difference between revisions
From Halachipedia
→Exchanging Loans
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# It is forbidden to trade loans because doing so is taking and paying the value of a loan.<ref>Rama 160:9 quotes the dispute of the rishonim if it is permitted to lend someone on condition that they lend you back afterwards. The Gra holds it is forbidden.</ref> | # It is forbidden to trade loans because doing so is taking and paying the value of a loan.<ref>Rama 160:9 quotes the dispute of the rishonim if it is permitted to lend someone on condition that they lend you back afterwards. The Gra holds it is forbidden.</ref> | ||
# If after someone lent you money, it is permitted to lend them back.<ref>The Chelkat Binyamin 160:90 cites the Graz who says that for rabbinic ribbit cases we can follow the rishonim who permitted trading one loan for another loan. Therefore, if after the setup of the loan it is permitted to lend them in return since that would only be rabbinic ribbit even if one gave cash in return after the setup of the loan.</ref> | # If after someone lent you money, it is permitted to lend them back.<ref>The Chelkat Binyamin 160:90 cites the Graz who says that for rabbinic ribbit cases we can follow the rishonim who permitted trading one loan for another loan. Therefore, if after the setup of the loan it is permitted to lend them in return since that would only be rabbinic ribbit even if one gave cash in return after the setup of the loan.</ref> | ||
# It is forbidden for a loan gamach to stipulate that only members who lent money to the gamach may borrow from it because doing so is like lending somemone in order to get back a loan. A rabbi should be consulted how to set up such a gamach.<ref>Mishnat Ribbit 4:12. See Maharsham Shik 157, Maharam Brisk 2:18, Dvar Avraham 3:22, Minchat Shlomo 2:68:14, Brit Yehuda 11 fnt. 13, Netivot Shalom 160:18.</ref> | |||
===Leniencies=== | ===Leniencies=== | ||
# If there is no reason that one job should be done before the other one it is permitted since the exchange is a simple trade of favors and there is no intention to charge for the passage of time.<ref>Mishnat Ribbit 19 fnt. 1 s.v. umstimat writes that if the people arranging the agreement don’t care which job is first then it is clear that they aren’t charging one another interest for the passage of time for the vale of the first job. He cites this from the Kuntres Acharon Lkitzur Piskei Dinei Ribbit 8:4. He ends that Rav Shternbuch advised avoiding this by stating that one shouldn’t arrange it as an obligation.</ref> | # If there is no reason that one job should be done before the other one it is permitted since the exchange is a simple trade of favors and there is no intention to charge for the passage of time.<ref>Mishnat Ribbit 19 fnt. 1 s.v. umstimat writes that if the people arranging the agreement don’t care which job is first then it is clear that they aren’t charging one another interest for the passage of time for the vale of the first job. He cites this from the Kuntres Acharon Lkitzur Piskei Dinei Ribbit 8:4. He ends that Rav Shternbuch advised avoiding this by stating that one shouldn’t arrange it as an obligation.</ref> | ||
