From the Rav’s Desk: When Restitution Isn’t Ribis: Paying More Than You Have To When Returning Stolen Money (Monday, 22nd Shevat)

Issur Ribis when returning stolen money

Question:

Years ago, during a moment of desperation, I stole $500 cash from my roommates’ unattended drawer. They realized it was missing, but never knew that I stole it. Now, with my life steady I want to return the money and include an additional amount as rectification. Are there any Ribis prohibitions involved in doing so?

Answer:

There is no prohibition of ribis (interest) when you return more than the amount that was stolen. So yes—You may return the full amount with additional money as a tikkun for the wrongdoing, and you should also ask the person for forgiveness to complete the process of setting things right.

Explanation:

Ribis applies to loans—not to theft. There is thus no prohibition of ribis when returning more than the amount you originally stole. In cases of theft or damage, the extra payment is not interest; it is an act of teshuvah, restitution, and goodwill. However, this applies only when the payment has not yet become a formal debt. If the situation has already taken on the halachic status of a loan—for example, if the thief or damager promised to repay by a certain date and that due date passed—then the obligation becomes a debt. At that point, adding extra money is ribis, because it looks like paying more in exchange for the extension of a due date. But as long as no due date has been set—and the person simply comes forward on their own to return money they stole—adding a tip, extra compensation, or an additional amount as rectification is fully permitted. The same principle applies in other areas where no fixed debt currently exists:

  1. Paying a babysitter extra after the job is done is not ribis. Even though you technically owe her normal wages, offering more as appreciation is not considered interest, because it is not tied to a loan or due-date extension.
  2. Paying more for damages—such as breaking someone’s item and choosing to give them extra beyond the basic value—is also not ribis. It is voluntary compensation, not payment on a loan.
  3. Adding extra money to a doctor, plumber, electrician, or other worker as a gesture of thanks is also completely permitted. At that stage it is simply payment for services—not a loan repayment—so ribis does not apply.

The rule is simple:

Any time the obligation has not yet crystallized into a formal, due debt, adding more is not ribis at all. But once a bill is issued, or a specific due date is set and passes, the obligation becomes a loan-like debt, and from that point on one may not add extra money, because it can appear as paying interest on an overdue obligation.

On this note, we can understand a well‑known biblical law: in certain cases a thief is obligated to pay keifel—double the amount stolen—and in specific situations even four or five times the amount. There is no concern of ribis whatsoever in these payments, because they are not repayments of a loan and not compensation for extending a due date. They are penal and restorative payments imposed by the Torah itself. Since the original act is theft—not lending—and the additional sums are not tied to time, debt extension, or interest-like conditions, ribis simply does not apply. This fits perfectly with the principles explained above: whenever the obligation is not a loan‑based debt, even if one pays significantly more than the principal amount, no prohibition of ribis is involved.

Sources:

See Maharashdam Y.D. 222; Shoel Umeishiv Tinyana 4:123; Smeh C.M. 292:21; Masas Binyamin 34; Avnei Nezer Y.D. 133; Hagahos Rav Akiva Eiger 160:9; Malveh Hashem 8:42; See Admur Hilchos Ribis Halacha 4; Halacha 17; Halacha 18; Halacha 48; Admur Hilchos Halva 39; Rama 67:17; Aruch Hashulchan 67:8; Rama Y.D. 161:1; 176:6

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