Responsa for Deuteronomy 23:21
לַנָּכְרִ֣י תַשִּׁ֔יךְ וּלְאָחִ֖יךָ לֹ֣א תַשִּׁ֑יךְ לְמַ֨עַן יְבָרֶכְךָ֜ יְהוָ֣ה אֱלֹהֶ֗יךָ בְּכֹל֙ מִשְׁלַ֣ח יָדֶ֔ךָ עַל־הָאָ֕רֶץ אֲשֶׁר־אַתָּ֥ה בָא־שָׁ֖מָּה לְרִשְׁתָּֽהּ׃ (ס)
Unto a foreigner thou mayest lend upon interest; but unto thy brother thou shalt not lend upon interest; that the LORD thy God may bless thee in all that thou puttest thy hand unto, in the land whither thou goest in to possess it.
Teshuvot Maharam
Q. What is the legal basis for permitting the lending of charity-funds upon a definite rate of interest?
A. Perhaps some persons have mistakenly ruled that charity-funds are in the same category as Temple-funds. However, this is incorrect, for the Talmud considers charity-funds as money belonging to "thy brother" and, therefore, must be included in the commandment: "unto thy brother thou shalt not lend upon interest (Deut. 23,21)". You know, however, how readily people will heed those who permit the forbidden.
SOURCES: Cr. 101. Cf. Agudah B.M. 73.
A. Perhaps some persons have mistakenly ruled that charity-funds are in the same category as Temple-funds. However, this is incorrect, for the Talmud considers charity-funds as money belonging to "thy brother" and, therefore, must be included in the commandment: "unto thy brother thou shalt not lend upon interest (Deut. 23,21)". You know, however, how readily people will heed those who permit the forbidden.
SOURCES: Cr. 101. Cf. Agudah B.M. 73.
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Teshuvot Maharam
Those who lend charity-funds upon a definite rate of interest are doing an improper thing, for charity-funds are included in the commandment: "unto thy brother thou shalt not lend upon interest (Deut. 23,21)." However, such funds may be lent on condition that the profits but not the losses be shared.
SOURCES: Cr. 109; Mordecai Hagadol, p. 276b. Cf. Agudah B.M. 73.
SOURCES: Cr. 109; Mordecai Hagadol, p. 276b. Cf. Agudah B.M. 73.
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