DailyHalacha.com for Mobile Devices Now Available

Click Here to Sponsor Daily Halacha
"Delivered to Over 6000 Registered Recipients Each Day"

      
(File size: 690 KB)
Paying or Accepting Interest as a Gift

Is it permissible for a lender to stipulate with the borrower that along with the debt he must pay him a gift? Meaning, instead of demanding interest, the lender asks that the borrower give him a monetary gift when he repays the loan. Does changing the terminology from "interest" to "gift" suffice to circumvent the Torah prohibition of Ri’bitt (interest)?

Rabbi Moshe Halevi, in his work Milveh Hashem (p. 114), rules that such an arrangement is unequivocally forbidden and likely constitutes a Torah violation of Ri’bitt. The term used in reference to what the lender receives in exchange for granting the loan is purely a matter of semantics; it does not change the fact that the borrower pays compensation for the loan. Regardless of whether the lender and borrower speak of this compensation as a gift or as interest, it nevertheless constitutes Ri’bitt and is strictly forbidden.

This provision applies to Jewish-owned banks, as well. Many banks offer free gifts to new clients when they open an account. They make an initial deposit and in exchange they receive a free gift (such as a toaster or television). A Jewish client may not accept the free gift unless the bank's Jewish owner had signed a "Heter Iska" document which effectively avoids the prohibitions of Ri’bitt. Just as a Jewish client may not accept interest on savings in a Jewish-owned bank without a "Heter Iska," so may he not accept the perks offered by such a bank unless a proper "Heter Iska" has been signed.

Summary: A lender cannot subvert the prohibition against taking interest by making an agreement whereby the extra money paid would be looked upon as a gift, rather than interest.

 


Recent Daily Halachot...
Lifting One’s Heels When Reciting “Kadosh Kadosh Kadosh”
Should One Recite “Barech Alenu” if He Visits Israel Between 7 Marheshvan and December 4th?
Should one Pray in Hebrew if He Does Not Understand?
Inserting Ya'aleh V'Yavo When Praying Arbit Early on Ereb Rosh Hodesh
Reciting Shehehiyanu Over a Tallit & When Replacing The Strings??
When Should Kohanim Make Their Way Towards The Front To Make Birkat Kohanim
Rolling the Sefer Torah; Leaving the Synagogue Before the Sefer Torah is Returned to the Hechal
Hagbeha – Lifting the Sefer Torah
May One Donate a Scarf to be Used as a Mitpahat For the Sefer Torah?
The Prohibition Against Touching the Parchment of a Sefer Torah Barehanded
The Prohibition Against Speaking During the Torah Reading
If a Mistake is Found in the Sefer Torah During the Reading
Preparing the “Keri” and “Ketib”
If the Gabbaim Know That Somebody Who Pledged Money is Unable to Pay
When During Birkat Kohanim Do the Kohanim Turn to Face the Congregation, and When Do They Lift Their Hands?
Page of 239
3585 Halachot found