New on the site: Michi-bot. An intelligent assistant based on the writings of Rabbi Michael Avraham.

Borrowed at interest

שו”תCategory: Talmudic studyBorrowed at interest
asked 3 years ago

A person who borrows money at interest, according to legal law, must repay the interest, but according to Torah law, he is prohibited from doing so. This means (is it true?) that the interest belongs to the lender, but the Torah prohibits the borrower from repaying it. Now the lender comes and steals the money, has he violated the law of not stealing (the religious prohibition of not stealing, of course)?


Discover more from הרב מיכאל אברהם

Subscribe to get the latest posts sent to your email.

Leave a Reply

0 Answers
מיכי Staff answered 3 years ago
Of course, he has committed a crime of usury and usury, and interest that is cut off is also ruled out by the judges, so it is clear that there is theft here. Even interest that is not cut off, the explanation gives that there is theft here. As soon as the law of the Torah is not to pay, this means that the Torah forfeits this money (otherwise the holder of it cannot sanctify a woman with it), and now the one who takes it is a thief.

Discover more from הרב מיכאל אברהם

Subscribe to get the latest posts sent to your email.

EA replied 3 years ago

It seems difficult. The early writers already wrote that if the borrower returned the interest money to the lender, they indeed violated the prohibition of interest, but the lender was entitled to the interest money, because the money always belonged to the borrower from a legal perspective. (See Sha'arei Yosher 5:3).
Therefore, it seems to be said that even if the lender himself stood up and took the interest money from the borrower's hands, he still did not violate the law of not stealing. No?

מיכי replied 3 years ago

The borrower who holds the money can consecrate a woman with it and do anything. Therefore, the money is his. And he does not owe the lender anything. In any case, the one who takes it is a usurer.
It is true that if he pays the interest to the lender, the lender will buy it because he gives it to him willingly.

Leave a Reply

Back to top button