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Ribis through Pawning

Question:

I have a store and i sell electronics. A woman who bought a computer half a year ago called and expressed her interest to sell it back because she needs the cash. After i told her that she can probably get more from selling it to someone else she asked if she can sell it to me until she gets the money and then buy it back (pawning it, i guess). She allowed me to use it while it is by me. Questions are as follows:
A) Can i charge her the same amount as she is giving me (i give her 1000 for the computer and then she gives me back 1000 to buy it back)?
B) Can i charge her more to buy it back (800/1000)?
C) Do i need or can i stipulate that if she doesn’t buy it back by 6mo/1yr, i do not have to sell it back to her?
D) Do i need a Heter Iska? Can i make a stipulation (e.x. no Achrayus) that who absolve me of the Chiuv for a Heter Iska?

Thank you!

Answer:

Using the computer is problematic, because she is going to pay you back the money that you gave her, which is considered a loan, plus she is giving you the use of the computer, which is ribbis. It will not matter whether you charge her the amount that you gave her or more money, as both are ribbis. Therefore, to permit it will need a heter iska. Stipulating that you don‘t have achrayus will not help here, because she has achrayus on the money, and the use is the ribbis.

If you don’t want to make a heter iska, there are some other options. One, if you don’t have permission to use the computer. Then it is a regular loan, that you are giving her money and she is returning it. Two, would be if it will be stipulated that you are not obligated to sell it back to her. Then it is a sale, and if it will be applicable, you will sell it back to her, but you aren’t obligated to do so.

Sources:

 

Y:D 174-1,

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1 Comment

  1. Thank you so much for the answer.
    Conclusion: i bought it from her and told her that if she wanted to eventually buy a new one i would give her a nice discount.
    (Hashgacha Pratis part: it was that 2 hours after i purchased it, someone came in who needed that exact computer and it was sold right away.)

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