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- Bemare Habazak - Rabbis Questions
Answer: Rav Yehuda (Bava Metzia 75b) forbids lending money without witnesses, as a violation of lifnei iver, causing the borrower to sin if he denies owing the money. Reish Lakish says that the lender brings curse upon himself, as people may suspect him of fabricating the loan. The Rambam (Malveh 2:7) and Shulchan Aruch (Choshen Mishpat 70:1) cite the prohibition and curse and apply them (based on a story in the gemara) even to a borrower who is a talmid chacham. They permit a loan only with witnesses, collateral, or, preferably, a contract. So, your understanding appears correct.
Your observation, that few good Jews are careful about this prohibition, is also documented for hundreds of years by Acharonim, some of whom offer explanations, which they admit do not fit well with the Rambam/Shulchan Aruch. Following are some unlikely reasons for leniency compiled in Tzitz Eliezer (VII:47) and Yabia Omer (VII, CM 7): 1. Nowadays we know whom we can trust; 2. The gemara discusses frequent lenders. 3. The gemara discusses a rich person, regarding whom borrowers may rationalize not paying. 4. It is permitted when the restriction impacts one’s business; 5. The oath instituted after Rav Yehuda’s time for one who denies a loan, prevents lying.
However, what I believe is the most important reason for leniency is that it is rare for classical problem of lifnei iver to exist here. A basic rule of lifnei iver is that it does not apply if there a good chance one’s counterpart will not sin as feared (Avoda Zara 15b). The gemara also says that people rarely simply deny borrowing money (Bava Metzia 3a; see Erech Shay to Shulchan Aruch ibid.). This helps explain the following opinions: 1. Lifnei iver applies here only on the level of midat chasidut (Ritva, Megilla 28a); 2. Reish Lakish holds there is only a curse (if the lender persists to claim after denial) and no lifnei iver (Pilpula Charifta to Bava Metzia 75b); 3. The lifnei iver element does not apply to people who are clearly honest (Bach, CM 70).
Even within the strict opinions, we find practical ideas to allow permission. The Rambam and Shulchan Aruch, without a known Talmudic source, allow lending based on collateral alone. The Maggid Mishneh says this solves the problem of not having witnesses. Since they do not state that the collateral must cover the entire loan principal, it follows that classical poskim suffice with a partial solution.
The case for leniency is bolstered by a factor that is probably more prevalent in recent times than in ancient ones. It is likely insulting to a borrower to require a loan contract for a moderate amount of money. If everyone followed the gemara, borrowers could hardly be insulted by the lender’s requiring contracts or witnesses. However, since in practice, borrowers rarely ask for them and given the mitzva to lend money while maintaining the borrower’s dignity (see Shemot 22:24), the mandates impinge on each other. (See Minchat Shlomo, I:35 regarding "collateral damage" from stringency on lifnei iver). On the other hand, it is difficult to allow one to ignore a codified halacha. We therefore suggest plans to keep the halacha while maintaining dignity.
If one lends a small amount of money, have in mind that if the borrower forgets about it, to turn the money into a present or tzedaka (see Ketubot 67b regarding about loans becoming presents). If the loan is too large to be willing to waive, in our times, it is standard to naturally have documentation, i.e., checks and bank transfers. According to most approaches (see Yabia Omer ibid.), witnesses did not fully prevent the borrower from refusing to pay, but were used to jog his memory or make it difficult not to pay. Checks and bank transfers should suffice for this end, especially if one writes "loan" on the memo line, which is not insulting.
Bemare Habazak - Rabbis Questions (654)
Rabbi Daniel Mann
651 - ASK THE RABBI: USING A DOG TO DO WORK ON SHABBAT
652 - ASK THE RABBI: LENDING MONEY WITHOUT WITNESSES
653 - ASK THE RABBI: DIFFERENT STANDARDS OF SHABBAT CLOTHES CLEANLINESS
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Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
Rabbis in Midrash
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Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
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Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
