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...
Customs Relevant to Rosh Hodesh
May One Eat Lunch Before Reciting Minha?
Is One Obligated to Pay for Repairs Before Retrieving the Item From the Repairman?
Does a Partial Payment Avoid the Prohibition Against Withholding Wages?
“Bal Talin” – The Prohibition Against Delaying the Payment of Wages
Outbidding A Deal, and Offering A Higher Salary To An Employee From Another Firm
The Obligation to Pay Employees on Time
Dressing Oneself Before Washing His Hands in the Morning; Washing One's Hands if One Awakens Before Hasot
Sleeping with Sisit; Having One’s Tallit Dry Cleaned
Does A Parent Have Rights To The Gifts Given To Thier Minor Children
May One Ride on a Freight Ship Steered by Jews on Shabbat?
Taking a Cruise That Embarks on Thursday or Friday
Must One Repeat Netilat Yadayim During a Meal if He Touches a Sefer Torah, Megilla or Tefillin?
May a Man Shake a Woman's Hand?
Important Dates in the Month of Heshvan
Page of 239
3585 Halachot found