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...
Situations Requiring Netilat Yadayim
Is A Person Required To Say Asher Yatzar Every Time If Using The Bathroom Excessively Due To An Illness
Should One Make Borei Nefashot First Before Asher Yatzar If Having Gone To the Bathroom Before Reciting Borei Nefashot
Is It Permissible To Answer Amen To Kadish, Nakdisach, or Barechu While Reciting Asher Yatzar
Does The Beracha of Me’en Shalosh Fulfill One’s Obligation If Said By Mistake Instead of Birkat HaMazon
Is One Required To Make Netilat Yadayim Before Eating Cereal and Before Dipping Crackers Into Butter
Does One Have To Repeat The Birkat HaMazon If He Is In Doubt If He Said Ritze VeChalitzenu on Shabbat
Birkat Hailanot
Netilat Yadayim When Waking Prior To Alot Hashachar
What Is The Proper Procedure Of Washing When Coming From The Bathroom And Eating Immediately Thereafter
Who Should Say The Hamotzih When Sitting Among Many People?
Is It Permissible to Say Hashem's Name in A Bathroom Or In A Mikveh
A Comprehensive Understanding of the Beracha of Asher Yasar
Yom Tov- The Proper Beracha for Aliyat Maftir on Shabbat Hol Hamoed
Treating Hol HaMoed Properly
Page of 239
3585 Halachot found