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By Rav Yehonatan Sasportas
In this week’s Parasha, we read about the prohibition of lending and borrowing with interest – “Ribbit”. The Torah writes that this prohibition applies only to Jews. In the following article we will discuss the various details of this Halacha.
There are various approaches among the Rishonim regarding taking Ribbit from a non-Jew. The Rambam[1] takes this verse to mean that there is in fact a positive commandment to lend to a non-Jew with interest. The Ra’avad and Ramban however, disagree with this approach and say that the verse is merely allowing us to collect Ribbit from a non-Jew, but is not in any way commanding us to do so. In their opinion “LaNochri Tashich” – thou shall lend to a non-Jew with interest – is understood to serve as a positive commandment further prohibiting the collection of Ribbit from a Jew, by contrasting him to a non-Jew.
Other Rishonim[2] share a similar view, but say that the purpose of the verse permitting charging interest from a non-Jew is not to add a prohibition on charging a Jew interest but rather is simply teaching us that it is permitted to charge a non-Jew interest. The difficulty with this is that since the Torah repeatedly states that the prohibition is limited to one’s brother, a fellow Jew, why would the non-Jew have to be explicitly excluded? Furthermore, since the entire Mitzvah of not charging Ribbit is a novelty and was completely acceptable before Mattan Torah, being that in the world’s perception, lending to the needy, even with a fee, is considered a kindness and a favor, why was it necessary for the Torah to permit it in regards to a non-Jew?
The answer may be, as is apparent in the Gemara[3], that taking Ribbit can be compared to theft, because the interest paid to the lender does not represent the capital that was borrowed. Therefore, since one may not steal from a non-Jew, the Torah had to specifically allow collecting interest from him.
Two of the objections raised against the Rambam’s view[4] are as follows: As we will soon mention, Hachamim[5] decreed that one should generally not lend to a non-Jew with Ribbit, besides for certain exceptions. If lending to a non-Jew is a positive commandment, why would Hachamim uproot an entire Mitzvah? The question is strengthened considering the principle of the Taz that Hachamim do not enact a decree prohibiting a matter that the Torah expressly permitted.
The second objection is that the Gemara in Sanhedrin[6] says that one willing to repent for having lent with Ribbit to Jews, should eradicate his weakness by going beyond the letter-of-the-law, and refrain from lending with Ribbit even to non-Jews. If lending to non-Jews with Ribbit is a positive commandment, why would refraining from doing so be part of the process of repentance? Some Aharonim suggest a possible explanation that the meaning of the Rambam is not that it is a commandment to venture out and lend with Ribbit to a non-Jew, like the Mitzvah of wearing Tefillin or shaking a Lulav. Rather, the commandment is that if one is already engaged in a transaction and is lending to a non-Jew, he should do so only with interest. Refraining from lending to a non-Jew altogether would therefore not be in opposition to this commandment, and it would be within the scope of Hachamim to prohibit it.
As we mentioned, it is forbidden MiD’Rabbanan to lend to a non-Jew with Ribbit, provided that – had the transaction been with a Jew – it would’ve been considered a Torah prohibition . The reason for this decree is in order that we keep our distance and not learn from the non-Jewish way of life. There are, however, two exceptions to this rule. The first one is regarding one who needs to do so in order to earn a living, and is not merely trying to amass wealth. In such a scenario it is permitted to lend to non-Jew with interest. Another exception is a Talmid Hacham whom Hachamim trust would not be influenced by the non-Jews, in which case he may lend to them with Ribbit.
Tosafot add that in our times when we are subject to the pressures of taxes, and when our business dealings are inevitably involving non-Jews, we may lend to them with Ribbit. Lending with interest will not cause us to leave our protected communities, as we are intermingled with the non-Jews regardless. The Hochmat Adam writes that it is a Middat Hassidut to refrain from relying on this leniency. Some add that those living in Eretz Yisrael would still be subject to this decree. Some include a Mumar L’Hach’is – one who wantonly rejected the Torah without personal gain – and a Moser within the leniency of whom one can lend to with interest.[7]
In conclusion, the Torah permits lending to a non-Jew with interest, and according to the Rambam there may be a fulfillment of a Mitzvah to do so while according to most other opinions it is simply permitted. Nevertheless, Hachamim forbade it so that we limit our dealings with non-Jews, with the exception of those who need it as their livelihood and Talmide Hachamim. Tosafot are lenient in our days as we are inevitably involved with non-Jews and the Poskim apply whether it’s still preferrable to refrain and whether it applies in Eretz Yisrael.
[1] Sefer HaMitzvot, Asin 198, and Hilchot Malve 5,1
[2] See Rashi and Rashba, B.M. 70B
[3] B.M. 61A
[4] See Hagahot Maimoni ibid.
[5] B.M. 70B
[6] 25B
[7] There is also some discussion whether the Ribbit can be collected when the borrower became a Mumar between the loan and its collection, see Shulhan Aruch Y.D. 159.