the Ritva on kiddushin 6b says ribbit (illegal interest) must be returned by the lender, but it is not gezel (robbery) or a tikkun lav (as in lav hanitak l'aseh). So what is the force that causes the return? Does the lender have to give maser ksafim from it??
Kt
Joel rich
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: the Ritva on kiddushin 6b says ribbit (illegal interest) must be returned
: by the lender, but it is not gezel (robbery) or a tikkun lav (as in lav
: hanitak l'aseh). So what is the force that causes the return? Does the
: lender have to give maser ksafim from it??
I am in the middle of R' Mordechai Torczyner's (CC-ed, please include
him in replies) shiurim on ribis.
http://www.yutorah.org/search/?teacher=81072&category=0,234696
In particular, shiurim no.s 3-5 are about refunds. It's under 2 hrs
total, and if you know something of the sugya, 1.25x speed is doable.
The first lines of the source sheet to those shiurim is "Lamah yeish
chiyuv lehachzir ribis?"
http://www.yutorah.org/download.cfm?materialID=529082
If it's because the money is owed, then I would think the maaser kesafim
was already accounted for the first time you earned the money.
If it's because of an asei, then perhaps receiving the ribbis back would
be subject to maaser kesafim.
-Micha
: the Ritva on kiddushin 6b says ribbit (illegal interest) must be returned
: by the lender, but it is not gezel (robbery) or a tikkun lav (as in lav
: hanitak l'aseh). So what is the force that causes the return? Does the
: lender have to give maser ksafim from it??
If it's because the money is owed, then I would think the maaser kesafim
was already accounted for the first time you earned the money.
If it's because of an asei, then perhaps receiving the ribbis back would
be subject to maaser kesafim.
-Micha
-- Agreed-my challenge with the ritva is that he seems to say it is something else (I'm not sure what unless u say it is because of the aseih but not a tikkun for the lav)
KT
Joel Rich
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If it's because the money is owed, then I would think the maaser kesafim
was already accounted for the first time you earned the money.
If it's because of an asei, then perhaps receiving the ribbis back would
be subject to maaser kesafim.
...
Agreed-my challenge with the ritva is that he seems to say it is
something else (I'm not sure what unless u say it is because of the aseih
but not a tikkun for the lav)
KT
Hi R' Joel,
Indeed, the Ritva's view is that ribbis, once paid, belongs to the
creditor. The creditor is obligated to pay it back, but the money is his
for purposes including Kiddushin. Other applications include whether the
borrower has the power to forgive the repayment, and whether the creditor's
heirs have a duty to repay.
Kol tuv,
Mordechai
<http://www.hamakor.org>