Chapter 65:7-9
The Prohibitions Against Interest
7. The following situation is also considered to be interest forbidden by
the Torah itself. One person lent money to a colleague on the condition
that, afterwards the latter would reciprocate and lend him the same sum for
a longer period; alternatively, on the condition that he lend him a larger
sum for the same period.
Should one grant a loan on the condition that later the borrower will grant
the lender a loan of the same sum for an equal amount of time: Some
authorities consider this to be forbidden, while others view it as
permitted. It is proper to follow the more stringent position. However, if
no condition is made to that effect, but later, the borrower voluntarily
offers the lender a loan, the more lenient position may be followed. This
applies even if the loan is granted only because the other party had
previously extended a loan to his colleague.
8. The lender must take care not to benefit from the borrower without the
borrower's realizing it, during the entire time the lender's money is in
the borrower's hands.
The above applies even to favors which the borrower would gave done for him
even if he had not given him the loan, for it appears that the lender
expects the borrower to forego the difficulty because of the money he owes
him. Nevertheless, if the borrower is aware of the favor he is doing the
lender, it is permitted, provided that he would have performed the favor
even if the loan had not been given. However, the favor may not be a matter
of public knowledge.
9. If, generally, the borrower had not been accustomed to greeting the
lender, he is forbidden to do so (after receiving the loan). Similarly, it
is forbidden for the borrower to honor the lender in the synagogue or
elsewhere, if he had not ordinarily been accustomed to doing so.
The above and similar situations are placed in the category of ribis
d'vorim (interest through speech) and are forbidden. This is implied by the
expression (Deuteronomy 23:20) "any form of increase." The Hebrew dovor,
translated as "form," is related to dibbur (speech), thus implying that
speech may also be forbidden as interest.
The lender is also warned against ribis d'vorim - for example, the lender
asks the borrower: "Tell me if so and so from this particular place has
arrived." Even through the lender is troubling the borrower only with
regard to making a statement, if the latter would ordinarily not have given
him this information beforehand, and now the lender takes advantage of his
loan and commands the borrower because he is presently subservient to him -
this is also interest.
One might ask: [Proverbs 22:7] states: "a borrower is a servant to the
lender." However, that statement is relevant only when there is a dispute
between them, in which the lender says: "Let us judge the case here." The
borrower is obligated to judge the case where the lender desires, because
of the injunction implied by this verse. Conversely, the verse also implies
that if the borrower desires to take the matter to a higher court in
another place , the lender need not follow him. [However, concerning other
matters, the lender is forbidden to take advantage of having granted the loan.)
