Taking Interest: Difference between revisions
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===Favors, Kind Gestures, and Saying Thank You (Ribbit Dvarim)=== | ===Favors, Kind Gestures, and Saying Thank You (Ribbit Dvarim)=== | ||
# It is forbidden to give any benefit to the lender even a nice word or greeting them with a simple word hello can be forbidden if a person didn’t usually say hello before the loan and one is doing it because of the loan.<ref>Gemara Bava Metsia 75b, Shulchan Aruch Y.D. 160:11</ref> This is called Ribbit Devarim and is a rabbinically forbidden form of ribbit.<ref>Chelkat Binyamin 160:95</ref> | |||
# It is forbidden to give any benefit to the lender even greeting them with a simple word hello can be forbidden if a person didn’t usually say hello before the loan and one is doing it because of the loan.<ref>Gemara Bava Metsia 75b, Shulchan Aruch Y.D. 160:11</ref> | #Ribbit Devarim only applies during the duration of the loan and not before or afterwards.<ref>Rabbenu Yerucham Meisharim 8:1, Meyuchas LRitva Bava Metsia 68b s.v. visura, Radvaz 3:1060, Chelket Binyamin 160:95 citing Ran Ketubot 46a, Sefer Hatrumot 3:13</ref> | ||
# Thanking the lender is questionable if it is permitted since it is giving | # Thanking the lender is questionable if it is permitted since it is giving something to the lender in return for the loan in addition to the original loan. Some are lenient since it is a generally accepted custom to thank people for very small favors and so it is rude to do otherwise and if the entire expression of gratitude is minimal it is like it was normal to do beforehand.<ref>Chelkat Binyamin 160:108 presents reasons to be lenient since thanking someone for a loan is merely a sign of derech eretz and not in exchange for the loan. See there at length. Additionally, he cites Minchat Shlomo 1:27:1 and 2:68 based on Graz is strict.</ref> | ||
#It is forbidden to write in a sefer thank you to someone who lent you money in order to publish a sefer.<ref>Igrot Moshe YD 1:80. There he permits writing that Hashem should bless the person since that is a mitzvah to publicize someone who does a mitzvah.</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 S"A 172:4, S"A 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> | # 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 S"A 172:4, S"A 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 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> | ||
===Business Obligations Upon the Borrower=== | ===Business Obligations Upon the Borrower=== | ||
# 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> | ||
