The Torah prohibits one Jew from lending another Jew with interest. “If your kin, being in straits, come under your authority, and are held by you as though resident aliens, let them live by your side: do not exact advance or accrued interest, but fear your God. Let your kin live by your side as such. Do not lend your money at advance interest, nor give your food at accrued interest. I YHVH am your God, who brought you out of the land of Egypt, to give you the land of Canaan, to be your God.” (Leviticus 25:35-38) Nevertheless, this law does not apply to loans between Jews and non-Jews.
On today’s dappim TB Baba Metzia 70-71, Rav Naḥman
argues that rabbinically Jews are forbidden to lend money to non-Jews with
interest. “Apropos the discussion concerning the halakhot of interest,
the Gemara cites several aggadic statements on the subject. The verse states: “He
who augments his substance by interest [beneshekh] and increase [vetarbit]
gathers it for him who has pity on the poor” (Proverbs 28:8). The Gemara
asks: What is the meaning of the phrase “him who has pity on the
poor”? How does this money ultimately reach someone who has pity on the
poor?... Rav Naḥman said: Rav Huna said to me that
this verse is necessary only to state that even interest that a
Jew took from a gentile will ultimately reach the government treasury,
and the one who took it will not be successful.” (Sefaria.org translation)
“Rava raised an objection to the statement of Rav
Naḥman based on another difficulty in the Mishna (TB Baba Metzia 70b-gg), which
teaches: One may borrow money from them and one may lend money to
them with interest. And similarly, with regard to a ger toshav, one
may borrow money from him and lend money to him with interest, since he is not
a Jew. The mishna indicates that a Jew may lend money with interest to a
gentile ab initio. (Rav Ḥiyya,
son of Rav Huna now answers this difficulty-gg)
“Rav Ḥiyya, son of Rav Huna,
said: This ruling
of the mishna is necessary only to teach that one may lend money with
interest to a ger toshav only to the extent required to provide a
livelihood to the lender, but not to do so as a regular business.
(Ravina
provides a different answer to solve this contradiction “Ravina said: Here
in the mishna we are dealing with Torah scholars, for whom it is
permitted to lend money to a gentile with interest. The Gemara explains: What
is the reason the Sages decreed that one should not lend money to a gentile
with interest? The reason is that perhaps the Jew will learn from
the gentile’s actions. Continuous interactions with gentiles for the
sake of financial dealings may have a negative influence on a Jew. And since
in this case the lender is a Torah scholar, he will not learn from the
gentile’s actions.” (Sefaria.org translation)
The Gemara
cites Rav Naḥman holding the complete opposite position that a Jew may loan money
to a non-Jew with interest. “The Master said above: If one of My
people and a gentile come to you for a loan, My people take precedence.
The Gemara asks: Isn’t this obvious? Is there any reason to think that a
gentile would take precedence over a Jew? Rav Naḥman said that Rav Huna
said to me: It is necessary only to teach that even if the choice is
to lend money to a gentile with interest or to a Jew for free, without
interest, one must still give preference to the Jew and lend the money to him,
even though this will entail a lack of profit.” (Sefaria.org translation)
As you may
well know during the Middle Ages in Europe Jews were forbidden from guilds and
owning land. As life became urbanized loans became essential for the continued
prosperity. Since Christians believed that they were the new Israel, they were
forbidden to loan money to other Christians with interest. One occupation a Jew
could become was moneylending because there’s no prohibition for Jews to lend
money to Christians with interest from the church’s point of view.
But as we learned
from Rav Naḥman’s first statement, lending money to non-Jews is prohibited from
the Jewish point of view. Tosefot ד"ה תַּשִּׁיךְ לָא סַגִּי
דְּלָאו הָכִי
gave three reasons why Jews could be
the Christians money lenders.
1. They can poskin like Rav Naḥman’s second statement which is the more lenient
position.
2. Lending money to the non-Jew was
necessary because it was required to provide a livelihood for the Jew as per Rav Ḥiyya, son of Rav Huna’s statement.
3. Jews live now in Galut, the
diaspora, amongst the Christians and have business dealings with them. They were not afraid that these dealings will
have a negative influence on the Jewish businessmen. If this is the case, there
is no difference between having business dealings with them and lending them
money.
Problem solved.
No comments:
Post a Comment