Responsa for Bava Metzia 114:13
כלל ופרט וכלל אי אתה דן אלא כעין הפרט מה הפרט מפורש דבר המטלטל וגופו ממון אף כל דבר המטלטל וגופו ממון
— this is a specialization; <i>for every manner of lost thing which another challengeth</i> [etc.]<span class="x" onmousemove="('comment',' Ibid. The verse continues … to be his, the cause of both parties shall come before the judges; and whom the judges shall condemn, he shall pay double unto his neighbour. ');"><sup>13</sup></span>
Teshuvot Maharam
Q. Is it permissible to lend charity-funds at a definite rate of interest?
A. This is undoubtedly prohibited. But since the lending of charity-funds at a definite rate of interest became such a widespread custom throughout the Kingdom that the prohibition of the practice would not be heeded even if the law became known we refrain from publicising this prohibition. This opinion is expressed, however, in order to urge the compliance with this prohibition in the future (but R. Meir would express no opinion as to the necessity of repaying the interest already collected).
SOURCES: Pr. 73; L. 478. Cf. L 234; Cr. 101, 109; Tesh. Maim. Mishpatim, 14; R. Asher, Responsa 13, 8; Agudah B.M. 73.
A. This is undoubtedly prohibited. But since the lending of charity-funds at a definite rate of interest became such a widespread custom throughout the Kingdom that the prohibition of the practice would not be heeded even if the law became known we refrain from publicising this prohibition. This opinion is expressed, however, in order to urge the compliance with this prohibition in the future (but R. Meir would express no opinion as to the necessity of repaying the interest already collected).
SOURCES: Pr. 73; L. 478. Cf. L 234; Cr. 101, 109; Tesh. Maim. Mishpatim, 14; R. Asher, Responsa 13, 8; Agudah B.M. 73.
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Teshuvot Maharam
Q. A promised ten marks to charity. He gave the money to B for investment purposes on condition that B pay to the poor of a certain community ten quarter-marks per year.
A. B should not give the ten quarter-marks to the poor of that community, since it would constitute unlawful usury. If, however, B earned profit with the ten marks, he must give part of the profit to the poor of another city, since one is not permitted to profit from charity money.
SOURCES: Pr. 999.
A. B should not give the ten quarter-marks to the poor of that community, since it would constitute unlawful usury. If, however, B earned profit with the ten marks, he must give part of the profit to the poor of another city, since one is not permitted to profit from charity money.
SOURCES: Pr. 999.
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