Last week we discussed the opinion of the Taz (Orach Chaim 588:5) that when the Torah explicitly permits something, the Rabanan do not have the authority to prohibit it. We addressed the fact that Rabeinu Gershom enacted a cherem not to marry more than one woman, even though the pasuk discusses a scenario where one is married to more than one woman.
In this week’s parshah, Ki Savo, the Torah says that we may lend to goyim (Devarim 28:12, see also Devarim 23:21). The Gemara in Baba Metzia 70b says that the Rabanan forbade one from lending to goyim even with interest. The reason for this is in order that we do not come to learn from them. The Gemara says that one may do so if he needs this income to live on. The Rabanan only forbade such actions regarding additional income.
The Gemara then asks why this is forbidden, especially in light of the pasuk earlier in Devarim that says that this is permitted. The Gemara answers that the pasuk is only allowing us to pay interest on a loan to a goy. The Gemara says that this is indeed obvious. To which the Gemara acquiesces but maintains that it is prohibited and suggests that the pasuk is only needed to give an additional prohibition not to pay a Jew interest on a loan.
Tosafos there asks what was bothering the Gemara, why could the Rabanan not enact a prohibition not to lend to a goy even if the pasuk does permit this. Tosafos answers that since the Torah explicitly permitted this the Rabanan should not have forbidden it.
Tosafos there says that in his time it was prevalent to lend to goyim with interest. He explains that this is so because there is another Gemara that disagrees and permits this. Since it is a Rabbinic prohibition we may follow the more lenient opinion. Alternatively, Tosafos suggests that in his place of residence people need to lend with interest for their basic income, which was not forbidden. Additionally, Tosafos adds that since we live among the goyim and all of our business dealings are with them there is no reason to prohibit lending money more than any other business. Since we need to deal with them and have no other choice, lending is permitted as well.
The Chasam Sofer (Yorah Deah 106) suggests another answer as to how the Rabanan could have prohibited lending to goyim even with interest when the Torah permitted it. First, he explains what one cannot answer: One cannot anwer that the Torah only permitted that when one lends to a goy that he charge interest, but the Torah never said that one should lend to a goy in the first place; rather if he lends he may charge interest. This cannot be the answer because the pasuk in this week’s parsha says that we can lend goyim. From this pasuk it is clear that it is permitted to lend money initially.
Rather, the Chasam Sofer suggests that the Gemara in Baba Metzia does speak of scenarios where the prohibition does not apply. As we mentioned, the prohibition was enacted in order to limit our dealings with the goyim so that we do not learn from them. The Gemara says that there are certain times where this will not be the case and we are not concerned that people will learn from the goyim. Under these circumstances, the Gemara says that it is permitted to lend to goyim with interest.
The Chasam Sofer explains that the pasuk in this week’s parsha that says that we will lend to the goyim is in the brachos where the Torah paints a picture of the Jews being in control. Just two pesukim earlier the Torah says that all the goyim will see that Hashem is with us and fear us. All of klal Yisrael will be on a high level and we will benefit from all the blessings mentioned in the parsha. Under these circumstances there will be no prohibition to lend to goyim for there will not be any fear that we will learn from their actions. Since this pasuk is only addressing such a circumstance we may return to the previous answer that the Torah never explicitly permitted us to lend to goyim. The Torah only said that if we do lend to them we may take interest.
