When Is It Permitted to Benefit the Lender: Difference between revisions
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When Is It Permitted to Benefit the Lender (view source)
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#It is forbidden to give a gift or interest even before or after a loan from another Jew and certainly during the loan.<ref>Mishna Bava Metsia 75b, Shulchan Aruch YD 160:6</ref> If someone does so they violated avak ribbit.<ref>Shulchan Aruch YD 160:6, Shach 160:8. Bet Yosef 160:5 inquires whether giving a gift after the loan that was specified for the loan is considered a Biblical violation of ribbit or only rabbinic. He notes that the Rambam Malveh Vloveh 6:3 who writes that one only violates ribbit Biblically if it was specified at the time of the initial loan would think this is only rabbinic ribbit. See Bet Yosef 166:3 that perhaps Rashi holds it is Biblical.</ref> | #It is forbidden to give a gift or interest even before or after a loan from another Jew and certainly during the loan.<ref>Mishna Bava Metsia 75b, Shulchan Aruch YD 160:6</ref> If someone does so they violated avak ribbit.<ref>Shulchan Aruch YD 160:6, Shach 160:8. Bet Yosef 160:5 inquires whether giving a gift after the loan that was specified for the loan is considered a Biblical violation of ribbit or only rabbinic. He notes that the Rambam Malveh Vloveh 6:3 who writes that one only violates ribbit Biblically if it was specified at the time of the initial loan would think this is only rabbinic ribbit. See Bet Yosef 166:3 that perhaps Rashi holds it is Biblical.</ref> | ||
===Before or After the Loan=== | ===Before or After the Loan=== | ||
# Some say that it is permitted to give a gift before or after the loan from another Jew if you don’t specify that it is because of the loan.<ref>Tur 160:6, Bet Yosef citing Rosh, Hagot Mordechai 433, Smak 260, and Rashi 73b s.v. achulei, Rama 160:6. Smag cited by Tur 160:6 makes a compromise to allow it if it is a small gift.</ref> However, others disagree.<ref>Rambam Malveh Uloveh 5:11, Shulchan Aruch 160:6</ref> Ashkenazim follow the first opinion and Sephardim the second.<ref>Laws of Ribbis p. 87 is lenient.</ref> | # Some say that it is permitted to give a gift before or after the loan from another Jew if you don’t specify that it is because of the loan.<ref>Tur 160:6, Bet Yosef citing Rosh b"m 5:67, Hagot Mordechai 433, Smak 260, and Rashi 73b s.v. achulei, and Rama 160:6. Smag cited by Tur 160:6 makes a compromise to allow it if it is a small gift. Rashi 73b s.v. achulei implies that as long as one doesn’t specify that a gift isn’t because of the loan it is permitted even at the time of returning the loan. However, the Rosh b”m 5:67 argues that it is only permitted after payment of the loan. Bet Yosef 160:4 cites the Talmidei Harashba who says that it is only permitted to give an extra gift if it was a sale and not a loan.</ref> However, others disagree.<ref>Rambam Malveh Uloveh 5:11, Shulchan Aruch 160:6</ref> Ashkenazim follow the first opinion and Sephardim the second.<ref>Laws of Ribbis p. 87 is lenient.</ref> | ||
# All agree that it is forbidden if it is a large gift or if you specify it is because of the loan.<ref>Rama 160:6</ref> The determination of a large and small gift depends on the people and context. Any gift which people would understand is in gratitude<ref>Netivot Shalom 160:12 quotes the Machaneh Efraim 17 who says that if one gives a gift explicitly out of gratitude it is permitted, however, that is completely rejected by the Hagahot Ashri 5 and Rashba b"b 138b.</ref> for the loan is forbidden.<ref>Chelkat Binyamin 160:48</ref> | # All agree that it is forbidden if it is a large gift or if you specify it is because of the loan.<ref>Rama 160:6</ref> The determination of a large and small gift depends on the people and context. Any gift which people would understand is in gratitude<ref>Netivot Shalom 160:12 quotes the Machaneh Efraim 17 who says that if one gives a gift explicitly out of gratitude it is permitted, however, that is completely rejected by the Hagahot Ashri 5 and Rashba b"b 138b.</ref> for the loan is forbidden.<ref>Chelkat Binyamin 160:48</ref> | ||
# Some say that everyone agrees if one’s intention is to give it because of the loan it is forbidden.<ref>Shach 160:10, Taz 160:3, Chelkat Binyamin 160:45</ref> However, there is an opinion that it is permitted if one doesn’t specify that it is for the loan.<ref>Chavot Daat 160:3 writes that even if one intends to give a gift in order to get a loan it is permitted as long as one doesn’t specify that it is for the loan. Pitchei Teshuva 160:7 cites this.</ref> For example, paying to be able to buy on credit is forbidden.<Ref>The Laws of Ribbis p. 87</ref> | # Some say that everyone agrees if one’s intention is to give it because of the loan it is forbidden.<ref>Shach 160:10, Taz 160:3, Chelkat Binyamin 160:45</ref> However, there is an opinion that it is permitted if one doesn’t specify that it is for the loan.<ref>Chavot Daat 160:3 writes that even if one intends to give a gift in order to get a loan it is permitted as long as one doesn’t specify that it is for the loan. Pitchei Teshuva 160:7 cites this.</ref> For example, paying to be able to buy on credit is forbidden.<Ref>The Laws of Ribbis p. 87</ref> | ||
