Exodus, 22:24 )
And
if thy brother be waxen poor, and his means fail with thee; then thou
shalt uphold him: as a stranger and a settler shall he live with thee.
Take thou no interest of him or increase; but fear thy God; that thy
brother may live with thee. Thou shalt not give him thy money upon
interest, nor give him thy victuals for increase. (Leviticus, 25:35-37)
Thou
shalt not lend upon interest to thy brother: interest of money,
interest of victuals, interest of any thing that is lent upon interest.
Unto a foreigner thou mayest lend upon interest; but unto thy brother
thou shalt not lend upon interest; that the thy God may bless thee in
all that thou puttest thy hand unto, in the land whither thou goest in
to possess it. (Deuteronomy, 23:20-21)
New Testament
There are two parables in the
New Testament that refer to concepts of "usury" or "interest" both approving of the concept in principle.
"Wherefore then gavest not thou my money into the bank, that at my coming I might have required mine own with usury?" -
"Finally
the master said to him "Why then didn't you put my money on deposit, so
that when I came back, I could have collected it with interest?'" -
Luke
VI 32-35 calls for giving in hope of no return, but this refers to
personal altruism, not prudent banking, business and economic
practices, which are commanded and affirmed by Jesus in mentioned above.
Qur'an
The following quotations are from the
Qur'an:
Those
who charge usury are in the same position as those controlled by the
devil's influence. This is because they claim that usury is the same as
commerce. However, God permits commerce, and prohibits usury. Thus,
whoever heeds this commandment from his Lord, and refrains from usury,
he may keep his past earnings, and his judgment rests with God. As for
those who persist in usury, they incur Hell, wherein they abide forever
(Al-Baqarah 2:275)
God
condemns usury, and blesses charities.God dislikes every disbeliever,
guilty. Lo! those who believe and do good works and establish worship
and pay the poor-due, their reward is with their Lord and there shall
no fear come upon them neither shall they grieve. O you who believe,
you shall observe God and refrain from all kinds of usury, if you are
believers. If you do not, then expect a war from God and His messenger.
But if you repent, you may keep your capitals, without inflicting
injustice, or incurring injustice. If the debtor is unable to pay, wait
for a better time. If you give up the loan as a charity, it would be
better for you, if you only knew. (Al-Baqarah 2:276-280)
O you who believe, you shall not take usury, compounded over and over. Observe God, that you may succeed. (Al-'Imran 3:130)
And
for practicing usury, which was forbidden, and for consuming the
people's money illicitly. We have prepared for the disbelievers among
them painful retribution. (Al-Nisa 4:161)
The
usury that is practiced to increase some people's wealth, does not gain
anything at God. But if people give to charity, seeking God's pleasure,
these are the ones who receive their reward many fold. (Ar-Rum 30:39)
Scholastic Theology
The
first of the scholastics, Saint Anselm of Canterbury, led the shift in
thought that labeled charging interest the same as theft. Previously
usury was seen as a lack of charity.
St.
Thomas Aquinas, the leading theologian of the
Catholic Church,
argued charging of interest is wrong because it amounts to "double
charging", charging for both the thing and the use of the thing.
Aquinas said this would be morally wrong in the same way as if one sold
a bottle of wine, charged for the bottle of wine, and then charged for
the person using the wine to actually drink it. Similarly, one cannot
charge for a piece of cake and for the eating of the piece of cake. Yet
this, said Aquinas, is what usury does. Money is exchange-medium. It is
used up when it is spent. To charge for the money and for its use (by
spending) is to charge for the money twice. It is also to sell time
since the usurer charges, in effect, for the time that the money is in
the hands of the borrower. Time, however, is not a commodity that
anyone can sell. (For a detailed discussion of Aquinas and usury, go to
Thought of Thomas Aquinas).
This
did not, as some think, prevent investment. What it stipulated was that
in order for the investor to share in the profit he must share the
risk. In short he must be a joint-venturer. Simply to invest the money
and expect it to be returned regardless of the success of the venture
was to make money simply by having money and not by taking any risk or
by doing any work or by any effort or sacrifice at all. This is usury.
St Thomas quotes Aristotle as saying that "to live by usury is
exceedingly unnatural". Islam likewise condemns usury. Judaism
absolutely condemns it, whether to the alien in [their] midst" or
"[their] brother (fellow Jews)". St Thomas allows, however, charges for
actual services provided. Thus a banker or credit-lender could charge
for such actual work or effort as he did carry out e.g. any fair
administrative charges. The Catholic Church, in a decree of the
Fifth Council of the Lateran, expressly allowed such charges in respect of credit-unions run for the benefit of the poor known as "montes pietatis".
In the 13th century
Cardinal Hostiensis enumerated thirteen situations in which charging interest was not immoral. The most important of these was
lucrum cessans
(profits given up) which allowed for the lender to charge interest "to
compensate him for profit foregone in investing the money himself."
This idea is very similar to
Opportunity Cost. Many scholastic thinkers who argued for a ban on interest charges also argued for the legitimacy of
lucrum cessans profits (e.g. Pierre Jean Olivi and St. Bernardino of Siena).
=Other Contexts=
Usury in literature
In
The Divine Comedy Dante places
the usurers in the inner ring of the seventh circle of hell, below even
suicides. (Showing how cultural attitudes have changed since the 14th
century, the usurers' ring was shared only by the
blasphemers and
sodomites.)
In the 16th century it was necessary for
Shylock to convert to Christianity and forsake usury before he could be redeemed in the climax of
The Merchant of Venice.
Thomas Lodge's didactic tirade against London
moneylenders,
An Alarum against Usurers containing tried experiences against worldly abuses tried to incite the educated class against the harm usurers seemed to induce in their victims.
By the 18th century usury was more often treated as a metaphor than a crime in itself, so that
Jeremy Bentham's
Defense of Usury was not as shocking as it would have appeared two centuries earlier.
In the early 20th century
Ezra Pound's
anti-usury poetry was not primarily based on the
moral injustice of interest but on the fact that excess capital was no longer devoted to artistic
patronage, as it could now be used for
capitalist business investment..
Usury and the law
"When
money is lent on a contract to receive not only the principal sum
again, but also an increase by way of compensation for the use, the
increase is called
interest by those who
think it lawful, and
usury by those who do not." (Blackstone's Commentaries on the Laws of England, p. 1336).
In the United States,
usury laws
are state laws that specify the maximum legal interest rate at which
loans can be made. Congress has opted not to regulate interest rates on
purely private transactions, although it arguably has the power to do
so under the interstate
commerce clause of Article I of the Constitution.
Congress
has opted to put a federal criminal limit on interest rates by the RICO
definitions of "unlawful debt" which make it a federal felony to lend
money at an interest rate more than two times the local state usury
rate and then try to collect that "unlawful debt".
It is a
federal offense to use violence or threats to collect usurious interest
(or any other sort). Such activity is referred to as
loan shark