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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)
Revision as of 19:02, 13 July 2023
, 13 July 2023Text replacement - "S"A" to "Shulchan Aruch"
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===Mitzvot=== | ===Mitzvot=== | ||
# It is forbidden to teach one’s lender or his son Torah during the duration of the loan unless he did so regularly before the loan.<ref>Rambam Malveh Vloveh 5:12, Shulchan Aruch 160:10. See Chavot Daat 160 who writes that according to the Rashba responsa 799 it should be permitted to teach him Torah since the lender didn't gain any financial gain. Nonetheless, Chavot Daat explains that we follow the Rambam who holds that any expenditure of money or time of the borrower for the sake of the lender is forbidden.</ref> | # It is forbidden to teach one’s lender or his son Torah during the duration of the loan unless he did so regularly before the loan.<ref>Rambam Malveh Vloveh 5:12, Shulchan Aruch 160:10. See Chavot Daat 160 who writes that according to the Rashba responsa 799 it should be permitted to teach him Torah since the lender didn't gain any financial gain. Nonetheless, Chavot Daat explains that we follow the Rambam who holds that any expenditure of money or time of the borrower for the sake of the lender is forbidden.</ref> | ||
# It is forbidden to do the pidyon haben of one's son with one's lender.<ref>Mishnat Ribbit 4:24 citing Ketav Sofer 146, Brit Yehuda 11 fnt 49. Mishnat Ribbit points out (based on | # It is forbidden to do the pidyon haben of one's son with one's lender.<ref>Mishnat Ribbit 4:24 citing Ketav Sofer 146, Brit Yehuda 11 fnt 49. Mishnat Ribbit points out (based on Shulchan Aruch Y.D. 160:23) that this is forbidden even if the lender didn't stipulate in the beginning of the loan that the borrower must do the pidyon haben with him.</ref> | ||
#It is forbidden to buy an honor in Shul for one's lender.<Ref>Shach 166:1</ref> | #It is forbidden to buy an honor in Shul for one's lender.<Ref>Shach 166:1</ref> | ||
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# If the lender initiates a greeting, the borrower can respond.<ref> The Laws of Ribbis 3:11 based on the language of Shulchan Aruch 160:11 </ref> | # If the lender initiates a greeting, the borrower can respond.<ref> The Laws of Ribbis 3:11 based on the language of Shulchan Aruch 160:11 </ref> | ||
# It is forbidden for the lender to ask the borrower for any favor even something simple as alerting him when someone will come to a certain place.<ref>Mishna Bava Metsia 75b, Shulchan Aruch 160:12</ref> | # It is forbidden for the lender to ask the borrower for any favor even something simple as alerting him when someone will come to a certain place.<ref>Mishna Bava Metsia 75b, Shulchan Aruch 160:12</ref> | ||
# It is forbidden to ask the borrower to do something for you, even if he would have done so anyway.<ref>Taz 160:5 in explaining the Rambam, Chelkat Binyamin 160:111. Rav Meir Akoka in Bnetivot Hahorah 10:24 p. 150 proves from the | # It is forbidden to ask the borrower to do something for you, even if he would have done so anyway.<ref>Taz 160:5 in explaining the Rambam, Chelkat Binyamin 160:111. Rav Meir Akoka in Bnetivot Hahorah 10:24 p. 150 proves from the Shulchan Aruch 172:4, Shulchan Aruch 160:23, and Mabit 1:6 unlike the Taz. He applies the Taz to many examples including: lending money on condition that he stops smoking, he puts conditions on how he can spend the money properly, for a certain apartment, how the loan is repaid with check or cash. </ref> | ||
# The borrower can’t go to the simcha (celebration) of the lender unless he would have done so anyway.<ref>Chelkat Binyamin 160:112</ref> | # The borrower can’t go to the simcha (celebration) of the lender unless he would have done so anyway.<ref>Chelkat Binyamin 160:112</ref> | ||
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# It is forbidden to lend money on condition that the borrower does business with him or someone else<ref>Chelkat Binyamin 160::249</ref> specifically. There is a doubt if it is biblical interest or only rabbinic interest.<Ref>Shulchan Aruch YD 160:23. Taz 160:22 disagrees that it is certainly forbidden for a borrower to give trumah to a kohen lender since the lender is gaining but doing business with someone isn’t considered a gain since he is paying for a service. Nekudat Hakesef 160:23 writes that if the lender didn’t have a lot of business and this agreement gets him more business it is forbidden. Chelkat Binyamin 160:248 is strict for Shulchan Aruch certainly in a case of hiring a worker.</ref> | # It is forbidden to lend money on condition that the borrower does business with him or someone else<ref>Chelkat Binyamin 160::249</ref> specifically. There is a doubt if it is biblical interest or only rabbinic interest.<Ref>Shulchan Aruch YD 160:23. Taz 160:22 disagrees that it is certainly forbidden for a borrower to give trumah to a kohen lender since the lender is gaining but doing business with someone isn’t considered a gain since he is paying for a service. Nekudat Hakesef 160:23 writes that if the lender didn’t have a lot of business and this agreement gets him more business it is forbidden. Chelkat Binyamin 160:248 is strict for Shulchan Aruch certainly in a case of hiring a worker.</ref> | ||
#If the lender has a job it is forbidden to stipulate that the borrower use the lender for his services whenever he needs that type of service.<ref>Shulchan Aruch 160:23</ref> | #If the lender has a job it is forbidden to stipulate that the borrower use the lender for his services whenever he needs that type of service.<ref>Shulchan Aruch 160:23</ref> | ||
# If the borrower has a job it is forbidden to stipulate that the borrower do that job even for a fair price for the lender whenever the lender needs it.<ref>Chelkat Binyamin 246 writes that the Gra 167:1 compares it to | # If the borrower has a job it is forbidden to stipulate that the borrower do that job even for a fair price for the lender whenever the lender needs it.<ref>Chelkat Binyamin 246 writes that the Gra 167:1 compares it to Shulchan Aruch YD 160:23. Chelkat Binyamin writes that according to the second answer of the Shach it is permitted but we shouldn't follow that answer alone.</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 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 ( | # 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 (Shulchan Aruch 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> | ||
# It is forbidden for the borrower give a lender a loan during or after the original loan unless he regularly did so previously because doing so is considered a favor to the lender. This is only an issue if the second loan is larger or for a longer period of time, otherwise some poskim hold that it is permitted to give the lender such a loan.<ref>Chelkat Binyamin 160:90 based on the Graz writes that for rabbinic questions of interest we follow the opinion that it is permitted to give a loan to one's lender.</ref> | # It is forbidden for the borrower give a lender a loan during or after the original loan unless he regularly did so previously because doing so is considered a favor to the lender. This is only an issue if the second loan is larger or for a longer period of time, otherwise some poskim hold that it is permitted to give the lender such a loan.<ref>Chelkat Binyamin 160:90 based on the Graz writes that for rabbinic questions of interest we follow the opinion that it is permitted to give a loan to one's lender.</ref> | ||
