Thursday, January 23, 2014

What About Moneylending? A Drash for Parashat Mishpatim, Saturday 25 January 2014

We tend to have ambivalent attitudes about the lending of money at interest.  On one hand, we recognise it as a needed service.  Most of us have no compunction about using credit cards for purchases.  Even when we pay our entire balance on receipt of our monthly statement, we understand that we are using the account as a short-term loan to buy things without needing to withdraw the cash from the bank.  And even those of us who are loath to use credit cards, or borrow money in other ways, still purchase large items on credit:  for example, an automobile or a home.  Very few of us would be able to purchase these things at all without the use of credit.  So by our buying patterns, we heartily endorse the practice of lending money at interest.  In differing degrees, we are happy to utilise the services of those who do so.
          On the other hand, we hold those who make a living lending money, at the very least, in distaste.  Even whilst we happily use their services, we find credit companies and banks unsavoury.  I can’t remember the last time I heard someone praise their credit card issuer.  This, even if the interest rate paid was not especially excessive.
          If you know some Jewish history, you know that Jews often fell into the role of the moneylenders for the Christian world.  And you probably know that the Christian world held us in contempt for this.  Perhaps, their willingness to use Jews for this service, reflects that they already held us in contempt.
          Early church cannon law forbade Christians from lending money at interest.  And the prohibition was partly based on one verse from this morning’s Torah reading.  In chapter 22, verse 24 we read:  When you lend money to my people, to the poor man among you, do not press him for repayment.  [Also] do not take interest from him.  So why do we, the People of the Book, the people to whom the Torah was directly given, find it okay to lend money at interest while our Christian neighbours could not?
          The key is in understanding the different ways of interpreting ‘my people.’  To the Jew reading the Torah, this means other Jews.  To the Christian, this means other Christians. 
          Rabbi Louis Jacobs of Blessed Memory was one of great Torah scholars of our generation.  According to him, in ancient Israel there were foreigners in the land whose business was to lend money.  They were something like predators, swooping down on the needy, offering a quick loan with little fuss.  And those in need of money would often borrow from them as it was less embarrassing than to request a loan from family of neighbours.  Perhaps they only needed the money for a limited term, a few days or so, until the expected payment of something owed them or which they planned to sell.  But as we know, those who borrow money even with the best intentions can easily of have turn of luck that makes timely repayment impossible.
          The prohibition on charging interest to one’s fellow Jew, represents a preference that Jews would overcome their embarrassment at borrowing from someone they knew.  The advantage in terms was intended to nudge them to ask for temporary help from family and neighbours, rather than borrow from the ‘carpetbaggers’ who roamed the land in search of easy money.
          Note also that the verse assumes the money borrower would be poor.  The point is that the borrowing of money in ancient Israel, at least where this verse is concerned, should be seen as a poor man’s last resort to get past a difficult moment.  For this reason also, in our verse the lender is enjoined against ‘pressing…for repayment.’  When one lends money to the poor among the people Israel, one is not permitted to make vigorous demands for repayment when the borrower has experienced further misfortune.
          The prohibition on interest, and on pressing for repayment, gave rise to Hebrew Free Loan Societies in various communities.  They exist primarily in North America, but there is at least one such Australian organisation, in Melbourne.  Jews give money to the free loan societies, so that they can in turn help other Jews with basic needs, without causing any embarrassment.
          But the prohibition on lending at interest should not be seen as a license for Jews to demand interest-free loans from other Jews for any purpose.  Unfortunately, a lot of people today have an entitlement mentality, and Jews are not exempt from this tendency.  If you want to borrow money, even from a fellow Jew, in order to invest for profit, or for discretionary spending, you should be willing to pay interest for the privilege.  And it is perfectly permissible under Halachah to charge interest under such circumstances.
          There’s another dimension to all this.  The availability of credit ultimately paved the way for the development of the modern industrial, mercantile economy.  To the extent that the Jews were willing to be the medieval world’s bankers, we pulled the world out of the primitive agrarian economy and enabled the development of manufacturing and international trade.  As Christians no longer feel constrained to lend money at interest, we Jews no longer dominate the enterprise.  But we Jews were pioneers in the business, and that’s partly why the stereotype of the Jews dominating banking, persists to this day.

          We will probably never extinguish the unsavoury image of those who lend money for a living.  But understand that not all moneylending is worthy of contempt.  We may think poorly of the loan companies that prey on the poor, with so-called payday loans at sky-high interest.  We may practice personal thrift, avoiding the use of credit for discretionary purchases, to preserve our personal financial well-being.  But the overall practice of lending money is an important service that has enabled the creation of our modern, diversified economy.  And even in our worst personal financial moments, I doubt that most of us would want to return to the pre-industrial age.  Shabbat shalom.     

No comments:

Post a Comment