Parshas Terumah 5786
- Torah Tavlin
- Feb 21
- 2 min read
Monetary, Interpersonal Laws and Din Torah (65)
Expense of the Lender. If the lender had side expenses to make the loan happen or later expenses because of the loan, he can claim the money from the borrower and it is not a violation of the laws of Ribbis [interest]. Ribbis is only when you are charging for having his money for an amount of time, whereas these other cases are expenses. For example if the lender had to take a cab to the bank to get the money to lend, he may charge the borrower. Also, if the debt was paid with a check that bounced that cost the lender a penalty, it is not Ribbis to pay. Whether or not he has to pay in laws of Choshen Mishpot depend on the circumstances, and a shaila should be asked.
Paying a Debt Early. If the borrower wants to pay before the due date, and the lender does not want it to avoid responsibility for the money, he must take it because time schedules for payment are for the good of the borrower (1). However, if some loss will come to the lender by taking the money, he can say no.
Real-Life Example. Reuven lent Shimon money but Shimon didn’t remember if he paid him back. (If a lender claims with certainty that he was not paid, the Mishna and Gemara (2) state clearly that he must get paid.) Reuven was also in doubt if he was paid. Must Shimon now pay Reuven? From the Gemara, it is clear that Beis Din cannot force him to pay. However, according to the basic reading of the Gemara, and most Poskim (3) there is a heavenly obligation to pay (לצאת ידי שמים). This writer believes that the right thing for them to do in this case is for Shimon to pay one third of the amount and then each party is mochel the other for any underpaid or overpaid amount. The same rules apply to the frequent case where partial payments were made and doubt arises if it was all paid up. The amount left in doubt has the above rules. If the borrower is not looking for compromises and/or mechilos, he can pay the whole amount in question and it’s not a shaila of Ribbis because he is not paying more to pay extra for having the loan, but rather to get out of his safek (4).
(1) כמו שהובא בחושן משפט עד:ב (2) בבא קמא קיח. (3) חו"מ עה:י (4) שו"ת מנחת יצחק ט:פח