By Rabbi Meir Orlian | |||
#89 |
Vayechi |
7.12.2012 |
N/A |
Q: When I lend someone money, can I charge him costs associated with the loan, such as cash advance charges, withdrawal fees, wiring costs, bounced check fees (if the repayment check bounces), etc.?
A: This depends on the nature of the cost. Interest charges that you paid to receive the money, such as cash advance charges, may not be passed on to the borrower. Although you had to pay interest to the credit card company to receive the cash advance, asking the borrower to cover that payment would be taking interest from him on the money you are lending him (Bris Yehuda 9:2).
Costs that are not related to interest, however, such as standard bank withdrawal fees, wiring costs, and legal fees for drafting the loan document, can be transferred to the borrower (C.M. 39:17; 106:1; Pischei Choshen, Halva’ah 2:42). If the repayment check bounces, the borrower is also responsible to reimburse the lender - unless an unforeseen, uncontrollable circumstance made it impossible for him to cover the check. This is because giving a check without coverage is a form of direct damage (garmi) (see Rama 14:5; Pischei Choshen, Halva’ah 2:41).