We mentioned last week that although a borrower may benefit his lender if he would have done so in the absence of his loan, there are several exceptions. The first one is a public favor, such as lending an apartment or a car. However, if this was standard behavior between them prior to the loan, and they regularly lent each other their apartment or car, it would be okay.
The reason for this halacha is that such a favor is a problem of maris ayin, meaning that people think that this favor is a result of the loan. That’s why if this favor was often done regardless of the loan there’s no problem.
One may ask: What if I lent my neighbor a couple of eggs or a liter of milk? Is it a problem now for my in-laws to stay in their apartment? Does one have to make sure that all minor loans are paid up before borrowing one’s neighbor’s car? The halacha is that no, these minor loans do not pose a problem in this respect. The reasoning is that it’s clear that the favor of lending an apartment or a car is not payment for such a loan, because the value of these favors far outweighs the value of such a loan.
There are two more exceptions to the rule. One is that the lender may not use the borrower’s items without permission, meaning that if one lent a neighbor money, he may not use their carriage or car seat without asking, even though he knows that he would be happy to lend it to him. Again, this is because of maris ayin – it looks as though he is utilizing the loan to use the borrower’s possessions without permission.
The final exception is that one may not receive from his borrower a significant gift, even if it would have been given regardless. For example, if one lends a business associate a large sum of money, he may not send him an extremely expensive bottle of wine for yom tov although he does this for all his associates. The reason is that when one sees a gift like this, one’s first reaction is to consider what he has done to deserve this kind of gift. Since the loan will come to mind, it is therefore perceived as ribbis.
