Q&A: The Prohibition of Borrowing with Interest
The Prohibition of Borrowing with Interest
Question
If I’m not mistaken, according to the Sages there is a prohibition not only on the lender lending with interest, but also on the borrower borrowing with interest (although I saw that the Shulchan Arukh writes that the borrower violates only "do not place a stumbling block").
Why does the prohibition also apply to the borrower?
After all, according to the plain meaning, all the verses prohibiting loans with interest refer only to the lender.
Thank you
Eyal
Answer
Indeed, that is the plain meaning of most of the verses. But from the verse in Deuteronomy 23:20 they derive a prohibition on the borrower as well (see Bava Metzia 75b), as brought by Maimonides, prohibition 236:
“And commandment 236 is that He warned the borrower as well not to borrow with interest. For had there not been a warning to the borrower not to borrow with interest, the reasoning would have been that the lender transgresses because he is the one committing the extortion, while the borrower would not transgress because he consents to his own exploitation, and this would be similar to overcharging, where the one who commits the overcharging transgresses, not the one against whom it is committed. Therefore the warning was given to the borrower as well, not to borrow with interest. And that is His statement, may He be exalted, (Ki Tetze 23:20): ‘You shall not charge your brother interest: interest on money, interest on food,’ etc. And the interpretation given is: ‘You shall not cause interest to be charged.’ And in explanation they said in the end of tractate Bava Metzia (75b): ‘The borrower transgresses משום “You shall not charge interest” and משום “do not place a stumbling block before the blind,”’ as we will explain when we mention that commandment (prohibition 299).”
It would have been possible to think that this is a midrashic interpretation, in which case it would not be binding on the plain meaning. But according to Maimonides’ method, derashot are not counted in the enumeration of the commandments (see the second root principle), so it seems that he understood this as a plain-sense interpretation. It is based on the wording of the verse, "You shall not charge interest," meaning: do not cause your brother to bite you.