Daily Halacha: Lifnei Iver and Ribis: The Halachic Web of Responsibility (Monday, 8th Shevat)

Who transgresses the laws of Ribis – Lifnei Iver and Ribis: The Halachic Web of Responsibility:[1]

The prohibition of Ribis (interest) in Halacha is not limited to the lender and borrower alone. The Torah and Chazal outline a network of responsibilities and prohibitions that extend to anyone who facilitates or actively supports the loan.[2] Certain individuals involved in the loan process transgress the direct biblical prohibition of lending money with interest while others transgress the general principle of Lifnei Iver and Misayeiah Ledevar Aveira which prohibits one from assisting another person in doing a sin. The prohibition of Lifnei Iver Lo Titen Michshol[3] is a biblical prohibition, whereas the prohibition of Mesaye’a Lidvar Aveirah is rabbinic in nature.[4] The difference between when one transgresses one over the other is as follows: If the sin could not have been committed without one’s assistance, the prohibition is biblical due to Lifnei Iver. If it could have been done regardless, the prohibition is rabbinic due to Misayeiah.[5] The following is a breakdown of the key parties that may be involved in a loan transaction and their respective transgressions:

The Lender (Malveh):[6]

The lender who charges interest violates six separate negative commandments (lavim), as follows:

1. “You shall not give him your money with interest” – אֶת־כַּסְפְּךָ לֹא־תִתֵּן לוֹ בְּנֶשֶׁךְ  (Vayikra 25:37).
2. “You shall not give him your food with increase” – וּבְמַרְבִּית לֹא־תִתֵּן אָכְלֶךָ  (Vayikra 25:37).
3. “Do not impose interest upon him” – לֹא תָשִׁימוּן עָלָיו נֶשֶׁךְ  (Shemot 22:24).
4. “Do not take from him interest and increase” – אַל־תִּקַּח מֵאִתּוֹ נֶשֶׁךְ וְתַרְבִּית  (Vayikra 25:36).
5. “Do not be to him as a creditor” – לֹא תִהְיֶה לוֹ כְּנֹשֶׁה  (Shemot 22:24).
6. “Do not place a stumbling block before the blind” – לִפְנֵי עִוֵּר לֹא תִתֵּן מִכְשֹׁל  (Vayikra 19:14).

The Borrower (Loveh):[7]

The prohibition of lending with interest is so severe, that the Torah even included the borrower who is so to say the victim of the interest, within the prohibition. Even the borrower who borrows money with interest is considered to transgress a number of negative commands and warnings by doing so. This is in contrast to all other matters of monetary law by which we permit a person to allow his property to be stolen. Nonetheless, due to the severity of the prohibition of interest, the Torah prohibited and warned even the borrower against doing so.[8] The borrower who takes a loan with interest transgresses three negative commandments:[9]

1. “Do not charge your brother interest” –לֹא תַשִׁיךְ לְאָחִיךָ (דברים כ״ג:כ׳).
2. “To your brother you shall not impose interest” –וּלְאָחִיךָ לֹא תַשִׁיךְ (שם כ״ג:כ״א).
3. “Do not place a stumbling block before the blind” –לִפְנֵי עִוֵּר לֹא תִתֵּן מִכְשֹׁל (ויקרא י״ט:י״ד),

The Broker (Sarsur), officer, advisor, assistants, consultant and agent:[10]

It is strictly forbidden for any party—whether a broker, loan officer, financial advisor, assistant, consultant, or agent—to participate in a Ribis transaction. Even simply advising one of the parties about the loan is forbidden. Likewise, directing the lender or any party where to borrow or where to lend the money is also included in this prohibition, as such guidance actively enables the transgression. In short, any assistance to any one of the parties is forbidden. However, the severity of this prohibition depends on their role: if the loan could not have been facilitated without their involvement, they violate the biblical prohibition of Lifnei Iver Lo Siten Michshol[11]; if the loan could have occurred without them, their participation remains rabbinically prohibited, as it strengthens the hands of transgressors [i.e. Misayeiah Lidevar Aveira], which is a Rabbinical prohibition.[12]

The Witnesses[13]

Individuals who serve as witnesses to a Ribis transaction—thereby facilitating the formalization of the agreement— transgresses the Torah’s negative command against lending money with interest.[14] This prohibition and negative command is transgressed even if the loan would’ve taken place without the involvement of the witnesses.[15] [This transgression is not solely due to the general prohibition of Lifnei Iver; rather, in addition to Lifnei Iver, they also transgress the explicit Torah prohibition against lending with interest, similar to the borrower and lender.]

The Guarantor (Arev)[16]

Individuals who serve as a guarantor to a Ribis loan transgresses the Torah’s negative command against lending money with interest.[17] This prohibition and negative command is transgressed even if the loan would’ve taken place without the involvement of the guarantor.[18] [This transgression is not solely due to the general prohibition of Lifnei Iver; rather, in addition to Lifnei Iver, they also transgress the explicit Torah prohibition against lending with interest, similar to the borrower and lender.]

One who is a Guarantor Solely for Principal Loan (Excluding Interest Payments):[19] If an individual acts as a guarantor exclusively for the repayment of the principal loan, and not for interest payments, they do not directly violate the specific prohibition against lending with interest. However, if the loan would not have been made without their involvement, the individual breaches the prohibition of Lifnei Iver. Even if the loan would have occurred regardless of their participation, serving as such a guarantor remains rabbinically prohibited as previously discussed.

The Scribe (Sofer):[20]

The individual who serves as the scribe to write the Ribis document transgresses the Torah’s negative command against lending money with interest.[21] This prohibition and negative command is transgressed even if the loan would’ve taken place without the involvement of the scribe.[22] [This transgression is not solely due to the general prohibition of Lifnei Iver; rather, in addition to Lifnei Iver, they also transgress the explicit Torah prohibition against lending with interest, similar to the borrower and lender.]

The Lawyer

Acting as a lawyer for one of the parties of the loan also incurs liability. If the lawyer is the one actually providing the loan  document then he would transgress the biblical prohibition against lending money with interest, as explained above regarding the scribe.  Even if he does not provide the loan document, if the loan could not have occurred without their involvement, they transgress Lifnei Iver; if it could have occurred without them, it is still rabbinically prohibited because they strengthen the hands of transgressors.

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[1] See Admur Hilchos Ribis Halacha 3 “It is forbidden to involve oneself between the borrower and the lender regarding interest. Anyone who acts as an intermediary between them, or assists either of them, or shows them a place to borrow or lend, transgresses the prohibition of ‘Do not place a stumbling block before the blind’—if the prohibition could not have been carried out without them. If it could have been done without them, it is prohibited by rabbinic law because they strengthen the hands of transgressors. One who serves as a witness between them, or as a guarantor, as well as the scribe, transgresses a Torah prohibition, as it is stated: ‘Do not impose interest upon him.’ Even if the loan would have occurred without them (and even if one is not a guarantor but only for the principal), if the loan could not have occurred without them, they transgress because of ‘Do not place a stumbling block…’; and if it could have occurred without them, it is prohibited by rabbinic law, as explained.” ; Rambam Malveh Veloveh 4:2; Mishneh Bava Metzia 75b

[2] Admur ibid; Shach Y.D. 160:1; Rambam Malveh Veloveh 4:2

[3] Vayikra 19:14; Admur Hilchos Ribis Halacha 3; Shach Y.D. 160:1; Rambam Malveh Veloveh 4:2; Mishneh Bava Metzia 75b;   

See also Admur 163:2; 347:3; Hilchos Halvah 6 for other cases of Lifnei Iver mentioned in Admur; See Encyclopedia Talmudit Erech Lifnei Iver

[4] Admur ibid; Mishneh Gittin 61a; See also Admur 163:2; 347:3; Hilchos Gezeial 23 for other cases of Misayeia

[5] Admur ibid; 163:2; 347:3; Hilchos Gezeila 23

[6] Rambam Malveh Veloveh 4:2; Chidushei Rav Akiva Eiger 160:1; See BeMishnas Harav 3 and Biurim 1

[7] Admur Hilchos Ribis Halacha 1 “One must be extremely careful regarding the prohibition of interest….as the Torah issued numerous negative commandments and warnings, even concerning the borrower, unlike other monetary laws where a person may choose to allow themselves to be robbed. With interest, due to the severity of the sin, the Torah also warned the borrower, as it says: ‘Do not charge your brother interest,’ meaning: do not give interest to your brother”; Michaber Y.D. 160:1; Tur 160; Mishneh Bava Metzia 75b

[8] The scriptural source: This prohibition is learned from the verse Devarim 23:20 “Lo Sashich Leachecha – ‘Do not charge your brother interest.” [Admur ibid; Bava Metzia ibid]

[9] Bava Metzia 756b; See Rambam ibid whoi only mentions two negative commands; See Maggid Mishneh on Rambam ibid

[10] Admur Hilchos Ribis Halacha 3; Shach Y.D. 160:1; Rambam Malveh Veloveh 4:2; Mishneh Bava Metzia ibid   

[11] Admur ibid; Lechem Mishneh on Rambam ibid regarding the Sarsur; Tosafus Bava Metzia 75b regarding the Areiv and Eidim; Bava Kama 70a regarding Yesomim

[12] Admur ibid; Tosafus Shabbos 3a

[13] Admur ibid; Michaber 160:1; Tur 160:1; Rambam Malveh Veloveh 4:2; Mishneh Bava Metzia ibid; Abayey ibid

[14] The scriptural source: As the verse [Shemos 22:24] states: “Lo Sassimun Alav Neshech – Do not impose interest upon him.” [Admur ibid]

[15] Admur ibid; Tosafus Bava Metzia 75b; Rosh Bava Metzia 80

[16] Admur ibid; Michaber 160:1; Tur 160:1; Rambam Malveh Veloveh 4:2; Mishneh Bava Metzia ibid; Abayey ibid

[17] The scriptural source: As the verse [Shemos 22:24] states: “Lo Sassimun Alav Neshech – Do not impose interest upon him.” [Admur ibid]

[18] Admur ibid; Tosafus Bava Metzia 75b; Rosh Bava MNetzia 80

[19] Admur ibid in parentheses

[20] Admur ibid; Shach 160:1; Rambam Malveh Veloveh 4:2; Chachamim in Mishneh Bava Metzia ibid

[21] The scriptural source: As the verse [Shemos 22:24] states: “Lo Sassimun Alav Neshech – Do not impose interest upon him.” [Admur ibid]

[22] Admur ibid; Tosafus Bava Metzia 75b; Rosh Bava Metzia 80