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Misva #68: Facilitating a Loan on Interest

Misva #68: Facilitating a Loan on Interest

FromSefer Hachinuch


Misva #68: Facilitating a Loan on Interest

FromSefer Hachinuch

ratings:
Length:
20 minutes
Released:
Nov 8, 2021
Format:
Podcast episode

Description

The Torah commands in Parashat Mishpatim (Shemot 22:24) that when someone lends money to his fellow, “Lo Tesimun Alav Neshech” – “You shall not place on interest upon him.” The Gemara in Masechet Baba Mesia explains this verse as introducing a prohibition against not only charging interest on a loan, but against facilitating interest. This means that besides the lender, other people involved – the guarantor, the scribe who writes the contract, and the witnesses who sign the contract – violate the Biblical prohibition of “Lo Tesimun Alav Neshech.” The lender himself is also in violation of six other Biblical commands, and even the borrower transgresses two Biblical commands. The Sefer Ha’hinuch explains that the Torah was especially strict when it comes to lending with interest – going so far as to prohibit even facilitating the loan – because of the grave consequences of interest. A person who borrows money on interest, many times, will find himself gradually falling into financial ruin. The Torah refers to interest with the word “Neshech,” which is derived from the verb “bite” (“N.Sh.Ch.”), because interest slowly “bites” at a person’s finances until he is left with nothing. In order to prevent people from lending on interest, the Torah forbade not only the lending itself, but also facilitating such a loan, so that one who seeks to lend on interest will have a difficult time finding a scribe, a guarantor and witnesses. Moreover, the Torah is especially strict about this law because people are naturally inclined to seek quick, easy ways to earn money, and lending money on interest to people in need of cash offers such an opportunity. The prospect of effortlessly earning a considerable profit is very alluring, and so the Torah forbade even facilitating a loan on interest to discourage those who might be tempted to extend such a loan. It should also be noted that in a certain sense, the facilitators of the loan have committed an even more egregious sin, in that they do not stand to benefit from their wrongful act. As opposed to the lender, who stands to receive a large amount of money, the scribe might receive some small fee, and the witnesses and guarantors receive nothing. They do not even face any temptation to violate this command, and so, at least from one perspective, their sin is even greater than the lender’s. This prohibition applies in all places and at all times, and is binding upon both men and women. One who facilitates a loan on interest has transgressed this command, but does not receive Malkut. The Sefer Ha’hinuch writes that this prohibition is not punishable by Malkut because the lender himself does not receive Malkut for transgressing this command. Lending on interest falls under the category of “Lav Ha’nitan Le’tashlumin” – a violation which can be rectified by paying the person who was wronged, and such violations are not punishable by Malkut. A lender who charged interest can return the interest, and so he is not liable to Malkut for his violation. The Sefer Ha’hinuch writes that the Torah could not make abetting such a loan a more grievous sin than actually lending on interest, and so since the lender himself is not liable to Malkut, those who facilitate the loan are not liable, either. In conclusion, it is worth noting that the Torah’s command forbidding facilitating a loan on interest shows us that we must try to not only avoid wrongdoing, but avoid playing any role in wrongful behavior. We are responsible not only for ourselves, to ensure to conduct ourselves properly, but also for others, and are to refrain from doing anything that might facilitate that which the Torah forbids.
Released:
Nov 8, 2021
Format:
Podcast episode

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