Question:
Hi – I rented a home from a friend. The responsibility for the water bill was mine (the renter), however, the bill remained in my friends name. For whatever reason the bill was not paid on time and now there is interest accruing. Can I pay the water company directly? Can I pay my friend if he pays the water company? Can we just call it a water charge for the rental and I pay him whatever amount he tells me?
Thank you!
Answer:
Hello,
All three options that you are suggesting are problematic. Paying the water company is essentially paying the landlord’s bill, which essentially giving him extra by paying his bill for him. To give the money directly to the landlord is also giving him ribbis. Changing the name of the loan to “water charge” is merely a linguistic game, and has no bearing in halacha, as this “charge” is essentially ribis.
What you can do, is to get a friend to pay the water bill, with the interest. This way the interest charges were not paid from you, not the landlord, and therefore it isn’t considered “ribis haba’ah mlove l’malveh” ribis paid from the borrower to the lender”, and permitted. You can then repay your friend for the bill itself, but for the ribbis charge (hopefully it isn’t alot of money and he won’t mind). Additionally, the friend can not be your shaliach to do this. Therefore, if your friend understands this concept, that is great, if not, you can explain the idea to him and preferably without directly asking him to pay the ribbis for you.
After you have gotten rid of this bill, sign a heter iska with the landlord, for all future bills etc.
Best wishes
Sources:
יו”ד ס’ ק”ס סע’ י”ג, ש”ך ס”ק י”ח.
