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...
Washing One’s Hands Immediately Upon Awakening in the Morning
Zimun: If Only Seven Out of the Ten Men Ate Bread
Determining Which Beracha to Recite When Smelling Fragrant Fruits
Within How Much Time After Eating May One Recite Birkat Hamazon or Me’en Shalosh?
Reciting Birkat Ha’gomel After a Boating Trip
Reciting Birkat Ha’gomel on Behalf of Somebody Else
Making a Zimun During Travel
Birkat Ha’gomel: Reciting the Beracha While Seated or at Nighttime; Reciting the Beracha After Confinement in a Holding Cell
The Procedure for Reciting Birkat Ha’gomel
Reciting a Zimun When Some Participants of the Meal Want to Leave
Mayim Aharonim – If One Forgot to Wash Mayim Aharonim; the Water Used for Mayim Aharonim; Using Other Liquids; the Procedure for Washing
Determining When to Recite “Boreh Asbeh Besamim” and When to Recite “Boreh Aseh Besamim”
Zimun: Counting Minors and Children Toward a Zimun, Granting Precedence to a Kohen or Torah Scholar
Situations Where One Would Not Recite a Beracha Before Drinking Water
Reciting the Beracha of Shehakol When in Doubt About the Beracha
Page of 239
3585 Halachot found