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Ribis Between Neighbors

My wife lent somebody a container of matzoh meal that was not kosher for Pesach. The husband works in a factory, and brought back a bag that contains matzoh meal that is shmura motza. (Apparently, nobody is certain whether the amount was the same, either.) He does not care at all, because apparently he had easy access to it (he is working in a matzoh factory). For us, the sure matzoh is worth a lot more. Is this a concern?

Answer:

Receiving shmura matza meal in return for chametz matza meal is a problem of ribis, in particular where the matza meal can be kept for Pesach.

Although there is no prohibition in receiving similar items, even when there is a slight difference in quality and price, when the item is entirely different — such as shmura matza meal and chametz matza meal — it will be considered ribis me’ucheres, and rabbinically prohibited.

[This assumes that the matza meal is actually fitting for use on Pesach, and is actually worth — or the market — a great deal more than the matza meal given to the neighbor. If the matza meal is not worth more on the market, there is no problem.]

You should therefore mention that the shmura matza meal is of great benefit for Pesach use, and worth much more, and insist on paying the difference.

If they refuse to accept the difference, there is no obligation to do anything further.

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2 Comments

  1. See Shulchan Aruch, Yoreh De’ah, 161:2 that there is no obligation to return Ribbis Me’ucheres, even Latzeis Yedei Shamayim, so you probably don’t need to insist on paying the difference after the fact.

    1. I realize that there is no obligation, as we learn from Teshuvas Ha-Rashba, cited in Beis Yosef. Yet, in this case I thought it right to pay the difference: Since the payment was accepted with the intent of asking a rabbi what to do, there is room to suggest that the acceptance is not complete, and the issur can therefore still be mended. However, it is true that this is not the pashtus, if the payment was accepted without mentioning such a stipulation.

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