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Taking Interest: Difference between revisions
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# It must be known to both parties that there is a fixed price in the marketplace for that commodity.<ref>Rambam Malveh Vloveh 10:1 writes that the lender and borrower need to know the marketplace price in order to employ that leniency. Bet Yosef 162 explains that if they don't know of the marketplace price it appears as though they are intending to take interest.</ref> | # It must be known to both parties that there is a fixed price in the marketplace for that commodity.<ref>Rambam Malveh Vloveh 10:1 writes that the lender and borrower need to know the marketplace price in order to employ that leniency. Bet Yosef 162 explains that if they don't know of the marketplace price it appears as though they are intending to take interest.</ref> | ||
# It isn't necessary for the borrower to have the money needed to buy the grain in the marketplace as long as there is a marketplace price it is permitted.<Ref>The Baal Hatrumot 46:5:5 cites the Raavad (see Malveh Vloveh 10:1) who holds that in order to apply the leniency of the marketplace price being established for seah bseah it is necessary for the borrower to have the money available to be able to buy the grain to repay the loan. Tosfot b"m 72b s.v. ein agrees. However, most rishonim disagree including the Rambam Malveh Vloveh 10:1, Rif 43a, and Ramban b"m 72b s.v. ein. Bet Yosef 162:3 and Shach 162:10 rule like most rishonim unlike the Raavad.</ref> | # It isn't necessary for the borrower to have the money needed to buy the grain in the marketplace as long as there is a marketplace price it is permitted.<Ref>The Baal Hatrumot 46:5:5 cites the Raavad (see Malveh Vloveh 10:1) who holds that in order to apply the leniency of the marketplace price being established for seah bseah it is necessary for the borrower to have the money available to be able to buy the grain to repay the loan. Tosfot b"m 72b s.v. ein agrees. However, most rishonim disagree including the Rambam Malveh Vloveh 10:1, Rif 43a, and Ramban b"m 72b s.v. ein. Bet Yosef 162:3 and Shach 162:10 rule like most rishonim unlike the Raavad.</ref> | ||
# Some say that it is forbidden to lend commodities when the marketplace price is fixed if the lender specifies the time that the commodity needs to be returned, however, the halacha doesn't follow that opinion.<ref>Rambam Malveh Vloveh 10:1 holds that it is only permitted to lend commodities with a marketplace price that is fixed if the lender doesn't specify a time. However, the Raavad, Rosh responsa 108:15, and Rashba responsa chadashot 75 disagree. Rama 162:3, Gra 162:14, and Shach 162:11 concur that we don't follow the Rambam.</ref> | |||
# If one place has a fixed marketplace price other nearby places can rely on that place.<ref>Bava Metsia 72b, Bet Yosef 162:3, Hagahot Mordechai b"m n. 439, Taz 162:5</ref> | |||
===One Commodity for Another Commodity=== | ===One Commodity for Another Commodity=== | ||
