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Answer: We will not discuss the pharmaceutical questions this question raises, which are not within our expertise.
Let us expand the question. Is it permitted to receive and return new medicine? The mishna (Bava Metzia 75a) forbids (Rabbinically) lending commodities in a way that obligates the borrower to return the same type and amount he received (se’ah b’se’ah). This is out of concern that the article’s price will increase and the borrower will have to return more value than he received, and it applies even if the article’s price remained unchanged.
Bemare Habazak - Rabbis Questions (657)
Rabbi Daniel Mann
495 - Bikur Cholim by Electronic Means
496 - Returning to a Gemach Newer Medicines than One Received
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Another heter applies to cases of warm relationships. The gemara (Bava Metzia 75a) rules that one may lend loaves of bread to a friend without stipulations. The Rama (YD 162:1; the Shulchan Aruch is somewhat stricter) rules like those who explain that small changes in the value of small quantities are not considered purposeful interest. It is difficult to know what he would say about a case like this. On the one hand, we are talking about kind people who run gemachs and their chesed "clients," but on the other hand, gemachs often have clear rules.
Both of these heterim are problematic when the borrower returns a clearly larger quantity than he borrowed (Torat Ribbit 7:(7); Brit Yehuda 17:(6).), and a clearly more valuable version of the same commodity is equivalent. It is hard to know what to say about this case. On the one hand, many people would not be willing to accept expired medicine. On the other hand, it is unclear that it has a lower price, as people who would buy it anyway, might be willing at the regular price. Furthermore, the service one gets along with the product affects its price (Pitchei Choshen, Ona’ah 10:(1)). If a business would sell under the conditions of a gemach (e.g., late at night, Shabbat), they likely could sell old medicine for at least the regular price.
The fact that you are not required to return with money may be helpful. The Shulchan Aruch (YD 162:1) rules that if one lent a commodity but set a price above which the borrower does not have to pay if the price goes up, then he may give back the commodity. Applying this concept to our case is too complicated to do justice in this context, both in regard to halachic complexity and the likelihood that it is impacted by nuances regarding the rules of the gemach (see Chavot Da’at (161:1), Netivot Shalom (p. 193-4) Divrei Sofrim, p. 71).
Regarding most gemachs, there is a strong leniency to rely upon. Rabbinic ribbit is waived when the lender is a charitable entity (Shulchan Aruch, YD 160:18). Poskim generally apply this rule broadly to gemachs (Torat Ribbit 20:26; The Laws of Ribbis 19:5; Brit Yehuda 17:(45) distinguishes between different types of gemachs). This likely applies to your case, whose potential violations are Rabbinic – se’ah b’se’ah and/or voluntary ribbit. This explains how many gemachs can encourage (not, require) donations from borrowers (Torat Ribbit 20:27).
Finally, many pasken that a borrower does not violate Rabbinic ribbit other than for causing the lender to sin (Rama, YD 160:1). Therefore, if a lender has what to rely upon, the borrower does not have to worry (see Netivot Shalom, p. 83). Considering all the above and the likelihood that what the gemach did was standard and that many gemachs have halachic guidance, you may follow their instructions.
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Rabbis in Midrash
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Israel and the Nations A Few Minutes & Many Innovative Ideas on Antisemitism & What to do About It
As we approach the High Holidays, this short lecture (18 minutes) deals with the unfortunate situation of how Israel and the Jewish People stand against antisemitism, analyzing its cause according to Rav Kook, and how to deal with the issue pragmatically & via our prayers.
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Rav Kook deals with the question of the seemingly hopeless nature of Tshuva. For G-d Himself knows that He created us with free will, which inevitably means we will sometimes make mistakes and choose wrong. This can easily be frustrating, freezing us into inaction and ye'ush (loss of hope). If one sins even once, does he chalila have no choice but suicide?! Moreover, our Godly conscience demands justice, righteousness and perfection, but we all know this is impossible, so what's the solution? Rav Kook's innovative thinking, strongly based on chazal (our sages), offers an inciteful and important aspect to this topic, especially this time of year!
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