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...
Mukse: Moving a Mukse Item for a Permitted Purpose
Mukse- Moving A Non-Mukse Item Unnecessarily and Other Items
Is It Permissible to Touch a Mukse Item Without Moving It?
Making a Permissible Item Mukse on Shabbat
Mukse: Firewood, Matches and Disposable Pans
Are Fruit Peels, Flour, Raw Rice, or Raw Potatoes Considered Mukse?
Mukse- Using One's Body to Move a Mukse Item
Mukse- Indirectly Moving Mukse
Mukse- If a Mukse Item Gets Mixed Up With Similar Non-Mukse Items
Mukse- Is It Permissible to Pet an Animal on Shabbat?
Mukse- Is Flour, Coffee or Raw Eggs Considered Mukse?
Mukse- Documents, Driver's License, Passports
Is It Permissible to Repair a Mezuzah or Door Knob on Shabbat?
Is It Permitted on Shabbat to Cover One’s Head with a Jacket for Protection from the Elements?
Is It Permissible to Open or Use an Already Opened Umbrella on Shabbat or Yom Tob?
Page of 239
3585 Halachot found