Interest with Non-Jews: Difference between revisions
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# If the non-Jew never comes to pay the loan the lender can sell the collateral and keep the value. The agent can't stop the lender from doing so out of fear of the non-Jew since the lender isn't really incumbent to the agent or the non-Jew.<ref>Shulchan Aruch Y.D. 168:15, Rosh responsa 108:6</ref> Some say that if the agent was originally appointed by the lender to do this loan with the non-Jew, then if the agent is afraid of the ramifications of the lender selling the collateral, then the lender must listen and if he doesn't then he must pay for damages to the agent.<ref>Levush 168:15, Shach 168:50, Chelkat Binyamin 168:156. The explanation of the Levush is that essentially since the agent isn't a borrower he can tell the lender to do or not do something and that poses no issue. The lender should be cautious of the damages that can occur to the agent, however, if the agent arranged with the non-Jew and not the lender, then the lender doesn't have to be concerned. It is the responsibility of the agent. If the agent was originated commissioned by the Jewish lender then it is a concern for the lender that he doesn't cause a damage to the agent. The Taz 168:20 and Bet Meir disagree with the Levush. They hold that the lender doesn't have to listen to the agent in any event. They explain that the source for this halacha is the Rosh and he held that the borrower shouldn't take any responsibility for the collateral and yet he writes that he doesn't need to listen to the agent. Shach in Nekudat Hakesef 168:14 answers that these are two separate statements of the Rosh. The Bet Meir doesn't understand the Shach since the Rosh either way would discuss a permissible case according to his opinion.</ref> | # If the non-Jew never comes to pay the loan the lender can sell the collateral and keep the value. The agent can't stop the lender from doing so out of fear of the non-Jew since the lender isn't really incumbent to the agent or the non-Jew.<ref>Shulchan Aruch Y.D. 168:15, Rosh responsa 108:6</ref> Some say that if the agent was originally appointed by the lender to do this loan with the non-Jew, then if the agent is afraid of the ramifications of the lender selling the collateral, then the lender must listen and if he doesn't then he must pay for damages to the agent.<ref>Levush 168:15, Shach 168:50, Chelkat Binyamin 168:156. The explanation of the Levush is that essentially since the agent isn't a borrower he can tell the lender to do or not do something and that poses no issue. The lender should be cautious of the damages that can occur to the agent, however, if the agent arranged with the non-Jew and not the lender, then the lender doesn't have to be concerned. It is the responsibility of the agent. If the agent was originated commissioned by the Jewish lender then it is a concern for the lender that he doesn't cause a damage to the agent. The Taz 168:20 and Bet Meir disagree with the Levush. They hold that the lender doesn't have to listen to the agent in any event. They explain that the source for this halacha is the Rosh and he held that the borrower shouldn't take any responsibility for the collateral and yet he writes that he doesn't need to listen to the agent. Shach in Nekudat Hakesef 168:14 answers that these are two separate statements of the Rosh. The Bet Meir doesn't understand the Shach since the Rosh either way would discuss a permissible case according to his opinion.</ref> | ||
===Lending with Interest | ===Lending with Interest from a Non-Jewish with a Jewish Agent using a Security Deposit=== | ||
[[Image:Taking Mashkon from Non-Jew.png|300px|right]] | [[Image:Taking Mashkon from Non-Jew.png|300px|right]] | ||
[[Image:Returning Mashkon to Non-Jew.png| 350px| right]] | [[Image:Returning Mashkon to Non-Jew.png| 350px| right]] | ||
