Daily Halacha Monday 11th Kisleiv: The Prohibition of Ribis Relevant to Returning non-consumable Borrowed Items [i.e. a car, tools, Bicycle, clothing, books, etc] with an added benefit

The Prohibition of Ribis Relevant to Returning non-consumable Borrowed Items [i.e. a car, tools, Bicycle, clothing, books, etc] with an added benefit:

The prohibition of ribis forbids a borrower from returning more than what was originally borrowed, whether in quantity, quality, or added benefit. This principle ensures that no extra advantage is given beyond the original agreement, even as a gesture of goodwill. In this article, we will explore this concept as to how it applies to returning borrowed items. Now, when discussing the prohibition of ribis (interest) in relation to returning borrowed items, it is important to distinguish between two types of borrowing. The first type involves borrowing a consumable item, such as eggs, and returning other eggs later. In this case, the laws are similar to borrowing money and repaying with other money; since the item returned is not the same as the one borrowed, such a return is subject to the regular laws of interest. The second type involves borrowing a non-consumable item, such as a car, and returning that exact same item. Here, the item remains intact and is not replaced by another. This article will concentrate on the second type of borrowing and will assess whether the prohibition of ribis is relevant in such scenarios. It aims to address and clarify the prevailing misconception regarding the application of Ribis to these forms of borrowed items.

Questions for Discussion

  1. If a person borrows a car, may they return it with more fuel than it had when borrowed, or would that constitute a form of interest?
  2. If the borrower wishes to show appreciation by giving the car a new paint job, is this permitted, or does it fall under the prohibition of Ribis?
  3. What if the borrower fixes a minor issue in the car (e.g., a broken light or scratch) without being asked—does this count as prohibited ribis or is it considered permissible goodwill?
  4. If someone borrows a book, may they return it with an additional bookmark or protective cover as a token of thanks?
  5. When borrowing clothing, is it allowed to return it freshly dry-cleaned, or more properly stitched, or does that add value in a way that could be problematic?
  6. If a person borrows power tools, can they return them with extra drill bits or accessories?
  7. For borrowed bicycle, may the borrower return it with upgraded tires or a new bell?

The law by non-consumable borrowed items:[1]

The lending and then subsequent returning of nonconsumable borrowed items is not subject to the Ribis prohibition. Accordingly, an individual who borrows a non-consumable item is permitted to return the same item along with an added benefit, resulting in the owner receiving both their original property and additional value.[2]

  • Examples: Thus, if one borrows a car, it is permitted to return it with more fuel than it had when borrowed[3]; likewise, returning the car with a new paint job or after fixing a minor issue is completely allowed. Similarly, if one borrows a book, it is permitted to return it with an additional bookmark or protective cover, and likewise, when borrowing clothing, returning it freshly dry-cleaned is permissible.[4] In the same vein, if one borrows power tools, it is permitted to return them with extra drill bits or accessories, and likewise, for a borrowed bicycle, returning it with upgraded tires or a new bell is entirely permitted. All these cases share the same principle: since the original item is returned intact, any added benefit is allowed and does not fall under the prohibition of ribis.
Borrowed ItemAdded BenefitIs Added Benefit Permitted?Reason
CarMore fuel, new paint job, fixed minor issuePermittedOriginal item returned intact; added benefit allowed
BookAdditional bookmark, protective coverPermittedOriginal item returned intact; added benefit allowed
ClothingFreshly dry-cleaned, more properly stitchedPermittedOriginal item returned intact; added benefit allowed
Power toolsExtra drill bits, accessoriesPermittedOriginal item returned intact; added benefit allowed
BicycleUpgraded tires, new bellPermittedOriginal item returned intact; added benefit allowed

[1] Taz Y.D. 161:1, in name of Rosh; Rosh Bava Metzia 5:1 “Ribis is only relevant to loans which are given for spending, in contrast to borrowed items which are subject to renting laws”; Michaber Y.D. 176:2 regarding rentals; So rule regarding “il lend you an item today if you lend me an item tomorrow” and make no issue of Ribis [unlike by lending money]: Michaber C.M. 305:6-7; 346:8; Afikei Mayim Ribis 21:5; Rosh Yosef 176:2; Ribis Leor Halacha 1:9; Imrei Yaakov 1:95

Other opinions: Some Poskim rule that one may not give back more than he originally received, such as to lend back a bigger car or for more time, than the car he originally borrowed. [Bris Pinchas 18]

[2] The reason: The reason this is permitted is not simply because it involves borrowed items rather than money, as the prohibition of ribis clearly applies to borrowed items as well. [Tur Y.D. 161:1; Admur Hilchos Ribis Halacha 1; Bris Yehuda 1:11; 12:1] Rather, the reason this is permitted is because the prohibition against interest (ribis) only applies when items similar to money are borrowed—meaning consumable items where the original item is not returned to the owner, but rather a different item in its place. In such cases, the Torah prohibits returning more than was borrowed due to the laws of interest, whether the borrowed item is money or a consumable item such as eggs; for example, if one lends two eggs to a neighbor, the neighbor may not return four eggs, as this constitutes ribis. However, when it comes to non-consumable items where the original item is returned, no prohibition of interest applies. The reason is that borrowed items are comparable to rented items: just as the Torah permits renting an item and receiving the same item back along with payment without viewing this as ribis, so too one may lend an item and receive it back together with an added benefit. The difference between returning rented or borrowed items versus returning money or consumables lies in the nature of responsibility: with money and consumables, the borrower assumes full responsibility to return the value, and therefore the Torah forbids granting the owner an extra guaranteed benefit. By contrast, with rented or lent items, some liability remains with the original owner, and in certain cases the borrower or renter is exempt from damages, meaning the loss falls on the owner. Therefore, the Torah allows the owner to benefit from the lending or renting arrangement. Furthermore, since the item itself will be returned with normal wear and tear, there is an actual loss on the owner’s side, and thus the Torah permits the owner to receive a benefit, whether as rental payment or as an added courtesy from the borrower in exchange for this wear and tear. [See Michaber Y.D. 176:2 regarding rentals; Bava Metzia 69b and Rashi, Tosafus and Rosh there; Chavas Daas 176:3; Rosh Yosef ibid; Imrei Yaakov 1:95]

[3] Afikei Mayim Ribis 21:5; Halichos Bein Adam Lechaveiro p. 280 footnote 8 in name of Rav Yaakov Bloy; Rosh Yosef 176:2; Ribis Leor Halacha 1:9

Other opinions: Some Poskim rule that one may not give back more fuel in the car than he originally received. [Bris Pinchas 18]

[4] Rosh Yosef 176:2

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