Take the 2-minute tour ×
Mi Yodeya is a question and answer site for those who base their lives on Jewish law and tradition and anyone interested in learning more. It's 100% free, no registration required.

Reuvain borrowed money from Shimon, and both are unsure if it was ever payed back. Now, of course Shimon can't claim any money from Reuvain, but if Reuvain wants to pay him back out of doubt, should he be worried about paying interest?

share|improve this question

1 Answer 1

up vote 5 down vote accepted

In The Laws of Ribbis (chapter 4, section D, paragraph 25, page 88), Rabbi Yisroel Reisman writes:

It is important that both the borrower and lender keep accurate records of how much is owed. When records are not kept, there may be uncertainty regarding the balance which is owed. In this case, the borrower may pay the lender an amount of money which is great enough to assure that the loan is paid up. Although it is possible that he is actually returning more than he borrowed, this is not considered Ribbis. Preferably, the borrower should stipulate that if he is overpaying, the extra moneys are an outright gift and are not intended as a Ribbis payment.

He cites Avne Nezer (Choshen Mishpat 26 [read 23]) and Minchas Yitzchak (6:161 and 9:88) as his sources.

share|improve this answer

Your Answer

 
discard

By posting your answer, you agree to the privacy policy and terms of service.

Not the answer you're looking for? Browse other questions tagged or ask your own question.