הרב מאיר פנחסי - ברכת אברהם משיב כהלכה
Country: ישראל

Question

I have a student account at the bank, so my interest rates are low. A friend asked me to take out a loan for him, and he will repay it, including the interest. Is this considered as though he is borrowing from me, requiring an heter iska between me and my friend, or may we rely on the bank’s heter iska?

 

 

Answer

You must arrange a separate heter iska with the friend who is borrowing from you, even though you have a heter iska with the bank. From the bank’s perspective, you are the borrower, since the loan is registered in your name; thus, you are lending money to your friend with interest. However, if, before you take out the loan, your friend asked you to obtain a bank loan on his behalf and explicitly stated that he accepts all the obligations that you will incur, and that the heter iska you arrange with the bank will also apply to him, then you become his agent, and the two of you do not need a heter iska between yourselves.

 

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