Question:
I am aware that it is forbidden to initiate a pesikah by prepaying for an item [without the yesh lo or yotzah hasha'ar leniencies], due to the concern that the price will increase by the time of delivery and will constitute a form of ribbis.
Would paying with a credit card issued by a non-Jewish bank be a way of avoiding this issue? Seeing as the payment is made from the non-Jewish Card Issuer to the Merchant [presumably a form of עבד כנעני?], would the pesikah therefore be permitted? There is no way to see the recipient as 'lending' in these circumstances.
Spinoff question: How are credit card purchases defined according to halacha?
1. מדין עבד כנעני - The Card Issuer (bank) pays the Merchant for the sale, prescribing the Cardholder as the recipient. Although the cardholder receives the item, the transaction was primarily between the Card Issuer and the Merchant.
2. ערב שלוף דוץ - The purchase is between the Cardholder and the Merchant; the Merchant agrees to the sale by accepting the Card Issuer's commitment to payment [usually at a later date] to the Merchant.
3. סיטומתא - The commonly accepted financial practice is to use credit cards as a form of payment. By swiping and initiating the payment process [wherein the Card Issuer will transfer funds to the Merchant], the Cardholder purchased the item.
4. Any other method or variation of the above?
Obviously, the classification of this will have ramifications across the board - in laws of Ribbis, acquiring Daled Minim, owning Chametz, etc...
Answer:
Hello,
You question was discussed with R’ Pinchos Shrieber shlit”a ( author of Divrei Shefer on Hilchos ribbis) and he held clearly, that being that the gentile is giving the loan because you asked him to, and you are guaranteeing the payment, that it is as if you actually gave the loan, and not the gentile credit card company.
Best wishes
