Question:

I lent a popcorn popper to my neighbor and it broke while they used it. They went and bought us a brand new one. Is it ribbis if we gave them a used one and they gave us back a brand new one? Also the little cup that covers the machine on the top was missing on our machine and since they bought us a new one we got a new cup. Is this ribbis?

Answer:

It is not ribbis, because ribbis only applies when you lend something that the borrower will use up and give you something else instead, i.e. money or food, but not something that he is supposed to return to you. What we are dealing with here is that your neighbor broke your item and is now repaying it. He isn’t giving you extra because he kept your machine for longer, but because he broke your machine and he wants to give you another one instead. Technically he might not have to give you back a new machine, since he only broke a used on, without a cover. If he decided to give you the full worth of the machine, it is because he is mochel the extra cost.

Sources:

Y:D 176-1,2.

Tags: damages ribbis

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