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Taking Interest: Difference between revisions
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→Business Obligations Upon the Borrower
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# 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 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> | # 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> | ||
# Many poskim say that it is forbidden for a seller to allow people to buy on credit only if they spend a certain amount. The reason is that having a minimum to buy on credit is like making a loan to the buyers on condition that they do more business with you.<ref>Mishnat Ribbit 4:34 cites Brit Yehuda 10:36 and Kuntres Acharon Lkitzur Dinei Ribbit 7:1 citing Rav Elyashiv and Rav Bronsdorfer as holding it is forbidden because this condition forces the buyer to spend more and that is like lending money on condition that someone does business specifically with you (S"A 160:23). However, Rav Nissim Karelitz, Rav Halberstaum (Refidato Zahav), and Rav Ben Tzion Abba Shaul (Parshat Ribbit 10:20) permit it since it isn't clear that the buyer is buying extra because of the loan. Also the merchant can have such a limit not to in order to create such a condition but to benefit his bigger customers. Rav Karelitz held practically one shouldn't do this because it is common that a buyer will come to pay and then realize that he doesn't have enough and then go back in order to reach the limit, which would be obvious that he is doing so for the loan.</ref> | |||
===Following Instructions of the Lender=== | ===Following Instructions of the Lender=== | ||
