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...
The Scale of Misvot and Sins
The Four Categories of Atonement for Sins
Earning Atonement Through Repentance
Special Customs for the 25th of Elul (TODAY)
The Five Sins For Which it is Difficult to Repent
The Primary Components of Teshuva
Recommended Modes of Conduct as Part of the Teshuva Process
The Four Grievous Sins That Impede the Process of Teshuva
The Status of Informers and Those Who Impose Authority on the Community; Earning a Share in the World to Come Through Repentance
Forfeiting One's Share in the Next World by Leading Others to Sin, Isolating Oneself from the Jewish People, or Brazenly Transgressing the Torah
The "Apikorsim," "Kofrim" and "Minim" Who Have no Share in the Next World
Saying The Yag Midot in Selichot
Coming Closer To G-d from Rosh Chodesh Elul Until Yom Kippur
The Meaning of “Sabri Maranan”
Must the Person Who Leads Birkat Ha’mazon Drink the Wine?
Page of 239
3585 Halachot found