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...
Does One Make the Beracha of ‘SheAsa Li Kol Tzarki’ on Tisha BeAv
Tisha BeAv- The Prohibition of Laundering Clothes The Week of Tisha BeAv
Tisha BeAv- Seudat Hamafseket (The Last Meal Before The Fast)
Tisha BeAv- The Prohibition Taking Hair Cuts, and Cutting Nails During The Week of Tisha BeAv
Tisha BeAv- The Prohibition of Wearing Freshly Laundered Garments In The Week of Tisha BeAv
Tisha BeAv- Prohibitions During The First 9 Days of Av
Weddings and Engagements During the Three Weeks
Music During the Three Weeks
The Shehehiyanu Blessing During the Three Weeks
Reciting Tikun Hasot During the Three Weeks
The Miracle of 11 Tammuz, 5687 (1927)
Should One Avoid Having to Recite “She’hehiyanu” During the Three Weeks?
What Kind of Siyum Permits Eating Meat During the Nine Days?
Is it Permissible to Eat Synthetic Meat During the Nine Days
Torah Reading on a Fast Day in a Minyan of People Who are Not Fasting
Page of 239
3585 Halachot found