Rabbi Shmuel Honigwachs
Answer: The Gemara says that it is a ribbis prohibition for a Jew to cosign on a loan his friend took from a non-Jew with interest. The Acharonim say that the prohibition only applies in cases where the cosigner expects the borrower to reimburse him if he ends up having to make a payment. If he does not expect to be reimbursed, then there is no problem.
Accordingly, if one's father is his cosigner, there would only be a ribbis problem and a need for a heter iska if the father expects his son to pay him back were he to make a payment. Today, it is common for banks to ask for a "co-borrower," rather than a cosigner. Some Rabbanim take the position that the concept of a co-borrower is different from that of a cosigner. These Poskim contend that when the bank lends to two co-borrowers, it is, in essence, lending 50% of the money to one borrower, and the other 50% to the other borrower.
When the co-borrower gives all the money to the actual borrower, he is, in effect, lending him his share of the loaned money. Therefore, if the actual borrower makes a payment, he is technically paying 50% of the payment to his co-borrower, who is in turn giving it to the lender. Since the payment contains interest, he is paying ribbis to his co-borrower, which would be prohibited.
Rav Shlomo Miller, however, is not of that opinion, and he cites several proofs that a co-borrower is no different than a cosigner. Accordingly, one would only need a heter iska if the co-borrower expects to be reimbursed for any payment he makes. | 
No comments:
Post a Comment