BAIS HAVAAD ON THE PARSHA 5772 ~ PARSHAS KI SEITZEI ~ Who is Included in the Ribbis Prohibition?

(PLEASE LEARN THIS FOR THE REFUA SHELAMA OF HaGaon HaRav Yitzchok Zilberstein Shlita-Yitzchok ben Rochel RAV CHAIM KANIEVSKY-Rav Shmaryahu Yosef Chaim ben Pesha Miriam,Rav Shteinman - Aaron Yehuda Leib ben Gitel Feiga, Rav Weiss - Yitzchak Tuvia ben Rikal, Rav Yosef - Yaakov Chai ben Margalit Harav Shlomo Leib Ben Miriam - HaRav Shlomo Brevda Harav Yeshaya Yaakov Ben Raizel - HaRav Yeshaya Yaakov Portugal Harav Meshulem Fish Ben Tziril - The Toshe Rebbe Rav Yerachmiel Shlomo Hakohen ben Raizel. -Rav Yerachmiel Shlomo Rothenberg, rosh yeshiva of Yeshiva of Mountaindale Rav Shaul ben Pasha-Gavaad Zurich, Switzerland and rav of Beis Medrash Agudas Achim for a refuah shleima b’soch kol cholei am Yisrael.)(AND L"N RAV YOSEF SHALOM BEN RAV AVRAHAM(RAV ELYASHIV ZT"L)In this week's parsha, the Torah tells us that "from the Nochri you shall take interest when you lend to him." The Rambam (Hilchos Malve 5:1) and the Ralbag understand this to be a positive commandment to take interest from an Eino Yehudi when lending money to him.The Abarbanel takes issue with their view because if the Torah considers taking interest to be an evil act, then why does the Torah permit doing so from anyone? Why is it different than the prohibition not to kill or steal which applies to all of mankind? At the very least, the Torah shouldn't command us to take interest! The Abarbanel resolves this by explaining that although the Torah prohibits accepting interest from a Jew, it is not something that is considered to be inherently evil. In fact, it is a great kindness to lend money, even with interest, as it gives the borrower the opportunity to make an investment and perhaps a livelihood. According to the Abarbanel, the Torah only prohibits a Jew to take interest from another Jew because it is considered a brotherly act to forego such charges. The Torah requires us to treat a fellow Jew as one would treat one's brother, which is with a greater degree of kindness. (AUDIO)Who is Included in the Ribbis Prohibition By: Rav Yehonassan Sasportas The Passuk in Parshas Ki Seitsey says, 'You shall not take Ribbis from your brother, whether it is in the form of money or produce, or in any other form. Lanochri sashich Ule'achicha lo sashich, you may charge a Nochri interest but not a fellow Jew.' There are various approaches among the Rishonim regarding taking Ribbis from an Eino Yehudi. The Rambam [Sefer Hamitzvos, Asin 198, and Hilchos Malve 5,1] takes this verse to mean that there is in fact a positive commandment to lend to a gentile with interest. The Ra'avad and Ramban however, disagree with this approach and say that the possuk is merely allowing us to collect ribbis from a gentile, but is not in any way commanding us to do so. In their opinion Lanochri Sashich is understood to serve as a positive commandment further prohibiting the collection of ribbis from a Jew, by contrasting the halachah regarding a Jew and that of a non-Jew. Other Rishonim [see Rashi and Rashba B"M 70B] share a similar view, but say that the purpose of the possuk of Lanochri Sashich is in order to teach us that it is permitted to take ribbis from a gentile. 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 gentile have to be explicitly excluded? Furthermore, since the entire Mitzvah of ribbis 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 favor, why was it necessary for the Torah to permit it in regards to a gentile? The answer may be, as is apparent in the Gemara [B"M 61A], that taking ribbis is similar 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 gentile, the Torah had to specifically allow collecting interest from him. Two of the objections raised against the Rambam's view [see Hagaos Maimoni] are as follows. As we will soon mention, Chazal [B"M 70B] decreed that one should generally not lend to a gentile with Ribbis, besides for certain exceptions. If lending to a gentile is a positive commandment, why would Chazal uproot an entire Mitzvah? The question is strengthened considering the principle of the Taz that Chazal do not enact a decree prohibiting a matter that the Torah expressly permitted. The second objection is that the Gemara in Sanhedrin (25B) says that one willing to repent for having lent with ribbis to Jews, should eradicate his weakness by going beyond the letter of the law, and refrain from lending with ribbis even to gentiles. If lending to gentiles with ribbis is a positive commandment, why would refraining from doing so be a sign of repentance? A possible explanation suggested by some acharonim is that the meaning of the Rambam is not that it is a commandment to go out and lend with ribbis to a gentile, 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 gentile, he should do so only with interest. Refraining from lending to a gentile altogether would therefore not be in opposition to this commandment, and Chazal would have the right to prohibit it. As we mentioned, it is forbidden miderabbanan to lend to a gentile with Ribbis, provided that it is ribbis mideoraisa. The reason for this decree is in order that we keep our distance and not learn from their 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. The second is a Talmid Chacham whom Chazal trusted would not be influenced by the gentiles, who may lend to them with ribbis. Tosfos adds that in our times when we are subject to the pressures of taxes, and when our business dealings are inevitably involving gentiles, we may lend to them with ribbis. Lending with interest will not cause us to leave our protected communities, as we are already intermingled with them. The Chochmas Adam writes that it is a Middas Chassidus to refrain from using this leniency. Some add that those living in Eretz Yisroelwould still be subject to this decree. Some include a Mumar Lehachis, one who wantonly rejected the Torah without personal gain, and a Moser, in the permission of whom one can lend to with ribbis. There is some discussion whether the ribbis can be collected when the borrower became a mumar between the loan and its collection. [See Shulchan Aruch Y.D. 159].