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...
Introducing Arbit With the Recitation of “Ve’hu Rahum”
The Recitation of “Shir Shel Yom” on Friday
The Beracha of “Yoser Or”
Reciting Akedat Yishak and the Korbanot Each Morning
The Recitation of Lamenase’ah Bi’nginot Before Baruch She’amar
Designating a Place for One’s Prayer
Must One Interrupt His Prayer to Recite “Hashem Melech” With the Congregation?
Are Women Obligated to Recite Baruch She’amar and Yishtabah?
Inserting a Prayer in the Amida for Help in Repaying Debts
If the Only Kohen in the Synagogue is Praying Pesukeh De’zimra or Shema When the Torah is Read
“Habinenu” – The Abbreviated Amida
If a Person Suspects He Will Miss Nakdishach Because He Prays More Slowly Than the Congregation
Answering to Kaddish or Kedusha After One Has Recited “Hashem Sefatai Tiftah”
Is the Congregation Required to Stand During the Hazan’s Repetition of the Amida?
In Which Situations is it Permissible to Walk in Front of Somebody Praying the Amida?
Page of 239
3585 Halachot found