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...
How is the Rabbi’s Erub Tabshilin Able to Cover All Members of His Congregation?
Can One Rely on the Rabbi’s Erub Tabshilin?
If a Person Remembers During Minha That He Forgot to Prepare an Erub Tabshilin
Which Preparations for Shabbat Become Allowed Through the Erub Tabshilin?
Which Kind of Cooked Food Items May be Used for the Erub Tabshilin?
Preparing a Baked Food Item and a Boiled Item For Erub Tabshilin
Introduction to Erub Tabshilin
May a Visitor to Israel Perform a Berit Mila on the Second Day of Yom Tob?
Measuring Food Ingredients on Yom Tob
Carrying Keys to the Synagogue for Arbit at the End of Yom Tob
Does One Tear Keri’a at a Family Member’s Funeral on Hol Ha’mo’ed?
Laws Regarding Electric and Fire on Yom Tov
Is it Permissible to Light a Yahrtzeit Candle on Yom Tob?
Using a Tape Recorder on Shabbat and on Hol Ha’mo’ed
Is It Permissible To Take Medicines on Yom Tov That Are Forbidden On Shabbat
Page of 239
3585 Halachot found