Usury
Usury is the practice of making unethical or immoral monetary loans that unfairly enrich the lender. The term may be used in a moral sense—condemning, taking advantage of others' misfortunes—or in a legal sense, where an interest rate is charged in excess of the maximum rate that is allowed by law. A loan may be considered usurious because of excessive or abusive interest rates or other factors defined by a nation's laws. Someone who practices usury can be called a usurer, but in contemporary English may be called a loan shark.
In many historical societies including ancient Christian, Jewish, and many modern Islamic societies, usury meant the charging of interest of any kind and was considered wrong, or was made illegal. During the Sutra period in India there were laws prohibiting the highest castes from practicing usury. Similar condemnations are found in religious texts from Buddhism, Judaism, Christianity, and Islam. At times, many nations from ancient Greece to ancient Rome have outlawed loans with any interest. Though the Roman Empire eventually allowed loans with carefully restricted interest rates, the Catholic Church in medieval Europe, as well as the Reformed Churches, regarded the charging of interest at any rate as sinful. Religious prohibitions on usury are predicated upon the belief that charging interest on a loan is a sin.
History
Usury was at times denounced by a number of religious leaders and philosophers in the ancient world, including Moses, Plato, Aristotle, Cato, Cicero, Seneca, Aquinas, Muhammad, and Gautama Buddha.Certain negative historical renditions of usury carry with them social connotations of perceived "unjust" or "discriminatory" lending practices. The historian Paul Johnson, comments:
Theological historian John Noonan argues that "the doctrine was enunciated by popes, expressed by three ecumenical councils, proclaimed by bishops, and taught unanimously by theologians."
Roman Empire
during the Roman Empire was different from modern banking. During the Principate, most banking activities were conducted by private individuals who operated as large banking firms do today. Anybody that had any available liquid assets and wished to lend it out could easily do so.The annual rates of interest on loans varied in the range of 4–12 percent, but when the interest rate was higher, it typically was not 15–16 percent but either 24 percent or 48 percent. They quoted them on a monthly basis, and the most common rates were multiples of twelve. Monthly rates tended to range from simple fractions to 3–4 percent, perhaps because lenders used Roman numerals.
Moneylending during this period was largely a matter of private loans advanced to persons persistently in debt or temporarily so until harvest time. Mostly, it was undertaken by exceedingly rich men prepared to take on a high risk if the profit looked good; interest rates were fixed privately and were almost entirely unrestricted by law. Investment was always regarded as a matter of seeking personal profit, often on a large scale. Banking was of the small, back-street variety, run by the urban lower-middle class of petty shopkeepers. By the 3rd century, acute currency problems in the Empire drove such banking into decline. The rich who were in a position to take advantage of the situation became the moneylenders when the increasing tax demands in the last declining days of the Empire crippled and eventually destroyed the peasant class by reducing tenant-farmers to serfs. It was evident that usury meant exploitation of the poor.
Cicero, in the second book of his treatise De Officiis, relates the following conversation between an unnamed questioner and Cato:
Judaism
Jews are forbidden from usury in dealing with fellow Jews, thus lending is to be considered tzedakah, or charity. However, there are permissions to charge interest on loans to non-Jews. This is outlined in the Jewish scriptures of the Torah, which Christians hold as part of the Old Testament, and other books of the Tanakh.Johnson contends that the Torah treats lending as philanthropy in a poor community whose aim was collective survival, but which is not obliged to be charitable towards outsiders.
As the Jews were ostracized from most professions by local rulers during the Middle Ages, the Western churches and the guilds, they were pushed into marginal occupations considered socially inferior, such as tax and rent collecting and moneylending. Natural tensions between creditors and debtors were added to social, political, religious, and economic strains.
Several historical rulings in Jewish law have mitigated the allowances for usury toward non-Jews. For instance, the 15th-century commentator Rabbi Isaac Abrabanel specified that the rubric for allowing interest does not apply to Christians or Muslims, because their faith systems have a common ethical basis originating from Judaism. The medieval commentator Rabbi David Kimhi extended this principle to non-Jews who show consideration for Jews, saying they should be treated with the same consideration when they borrow.
England
In England, the departing Crusaders were joined by crowds of debtors in the massacres of Jews at London and York in 1189–1190. In 1275, Edward I of England passed the Statute of the Jewry which made usury illegal and linked it to blasphemy, in order to seize the assets of the violators. Scores of English Jews were arrested, 300 were hanged and their property went to the Crown. In 1290, all Jews were to be expelled from England, allowed to take only what they could carry; the rest of their property became the Crown's. Usury was cited as the official reason for the Edict of Expulsion; however, not all Jews were expelled: it was easy to avoid expulsion by converting to Christianity. Many other crowned heads of Europe expelled the Jews, although again converts to Christianity were no longer considered Jewish. Many of these forced converts still secretly practiced their faith.The growth of the Lombard bankers and pawnbrokers, who moved from city to city, was along the pilgrim routes.
work against usury from 1869. Usury is condemned in 19th-century Missouri Synod doctrinal statements.
In the 16th century, short-term interest rates dropped dramatically. This was caused by refined commercial techniques, increased capital availability, the Reformation, and other reasons. The lower rates weakened religious scruples about lending at interest, although the debate did not cease altogether.
The 18th century papal prohibition on usury meant that it was a sin to charge interest on a money loan. As set forth by Thomas Aquinas in the 13th century, because money was invented to be an intermediary in exchange for goods, it is unjust to charge a fee to someone after giving them money. This is because transferring ownership of property implies the right to use that property for its purpose: "Accordingly if a man wanted to sell wine separately from the use of the wine, he would be selling the same thing twice, or he would be selling what does not exist, wherefore he would evidently commit a sin of injustice."
Charles Eisenstein has argued that pivotal change in the English-speaking world came with lawful rights to charge interest on lent money, particularly the 1545 Act, "An Act Against Usurie" of King Henry VIII of England.
Christianity
Christian Bible
The Old Testament "condemns the practice of charging interest because a loan should be an act of compassion and taking care of one’s neighbor"; it teaches that "making a profit off a loan is exploiting that person and dishonoring God’s covenant ".Church councils
The First Council of Nicaea, in 325, forbade clergy from engaging in usuryAt the time, usury was interest of any kind, and the canon forbade the clergy to lend money at interest rates even as low as 1 percent per year. Later ecumenical councils applied this regulation to the laity.
Lateran III decreed that persons who accepted interest on loans could receive neither the sacraments nor Christian burial.
The Council of Vienne made the belief in the right to usury a heresy in 1311, and condemned all secular legislation which allowed it.
Up to the 16th century, usury was condemned by the Catholic Church, but not really defined. During the Fifth Lateran Council, in the 10th session, the Council for the first time gave a definition of usury:
The Fifth Lateran Concil, in the same declaration, gave explicit approval of charging a fee for services so long as no profit was made in the case of Mounts of Piety:
Pope Sixtus V condemned the practice of charging interest as "detestable to God and man, damned by the sacred canons, and contrary to Christian charity.
Medieval theology
The first of the scholastic Christian theologians, Saint Anselm of Canterbury, led the shift in thought that labelled charging interest the same as theft. Previously usury had been seen as a lack of charity.St. Thomas Aquinas, the leading scholastic theologian of the Roman 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 a medium of exchange, and is used up when it is spent. To charge for the money and for its use is therefore 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 for which anyone can charge. In condemning usury Aquinas was much influenced by the recently rediscovered philosophical writings of Aristotle and his desire to assimilate Greek philosophy with Christian theology. Aquinas argued that in the case of usury, as in other aspects of Christian revelation, Christian doctrine is reinforced by Aristotelian natural law rationalism. Aristotle's argument is that interest is unnatural, since money, as a sterile element, cannot naturally reproduce itself. Thus, usury conflicts with natural law just as it offends Christian revelation: see Thought of Thomas Aquinas. As such, Aquinas taught "that interest is inherently unjust and one who charges interest sins."
Outlawing usury did not prevent investment, but stipulated 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, which is usury. St Thomas quotes Aristotle as saying that "to live by usury is exceedingly unnatural". Islam likewise condemns usury but allowed commerce – an alternative that suggests investment and sharing of profit and loss instead of sharing only profit through interests. Judaism condemns usury towards Jews, but allows it towards non-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 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. However, Hostiensis' exceptions, including for lucrum cessans, were never accepted as official by the Roman Catholic Church.
Pope Benedict XIV's encyclical , operating in the pre-industrial mindset, gives the reasons why usury is sinful:
The nature of the sin called usury has its proper place and origin in a loan contract… demands, by its very nature, that one return to another only as much as he has received. The sin rests on the fact that sometimes the creditor desires more than he has given…, but any gain which exceeds the amount he gave is illicit and usurious.
One cannot condone the sin of usury by arguing that the gain is not great or excessive, but rather moderate or small; neither can it be condoned by arguing that the borrower is rich; nor even by arguing that the money borrowed is not left idle, but is spent usefully…
15th through 19th century
The Westminster Confession of Faith, a confession of faith upheld by the Reformed Churches, teaches that usury--charging interest at any rate--is a sin prohibited by the eighth commandment.Concerns about usury included the 19th century Rothschild loans to the Holy See and 16th century concerns over abuse of the zinskauf clause. This was problematic because the charging of interest can be argumented to be a violation of doctrine at the time, such as that reflected in the 1745 encyclical Vix pervenit. To prevent any claims of doctrine violation, work-arounds would sometimes be employed. For example, in the 15th century, the Medici Bank lent money to the Vatican, which was lax about repayment. Rather than charging interest, "the Medici overcharged the pope on the silks and brocades, the jewels and other commodities they supplied." However, the 1917 Code of Canon Law switched position and allowed church monies to be used to accrue interest.
It can be proposed that the Catholic Church has not, since the beginning of the Industrial Revolution, changed its interpretation of practical matters of interest but that it only fails to enforce the rules, perhaps out of the fear of a greater evil. Yet, this view fails to take into account the very practical consequences of an explosion of innovation and commerce, necessitating soul-searching in all social participants.
The Roman Catholic Church has always condemned usury, but in modern times, with the rise of capitalism, the previous assumptions about the very nature of money got challenged, and the Catholic Church had to update its understanding of what constitutes usury to also include the new reality. Thus, the Church refers, among other things, to the fact Mosaic Law doesn't ban all interest taking, as well as the fact that we can now do more with money then just spend it. There are today many opportunities for investment, risk taking and commerce in general where just 200 years ago there were very few options. In the days of St. Aquinas, one had the options of either spending or hoarding the money. Today, anyone can either spend, hoard, invest, speculate or lend to businesses or persons. Because of this, as the old Catholic Encyclopedia put it, "Since the possession of an object is generally useful, I may require the price of that general utility, even when the object is of no use to me."
Jesuit philosopher Joseph Rickaby, writing at the beginning of the 20th century, put the development of economy in relation to usury this way:
He further gave the following view of the development of Catholic practice:
Modern era
The Congregation of the Missionary Sons of the Immaculate Heart of Mary, a Catholic Christian religious order, teaches that the charging of interest is sinful:Islam
Interest of any kind is forbidden in Islam. As such, specialized codes of banking have developed to cater to investors wishing to obey Qur'anic law. 'The following quotations are English translations from the Qur'an:
Those who consume interest will stand ˹on Judgment Day˺ like those driven to madness by Satan’s touch. That is because they say, “Trade is no different than interest.” But Allah has permitted trading and forbidden interest. Whoever refrainsafter having received warning from their Lordmay keep their previous gains, and their case is left to Allah. As for those who persist, it is they who will be the residents of the Fire. They will be there forever.
Allah has made interest fruitless and charity fruitful. And Allah does not like any ungrateful evildoer. Indeed, those who believe, do good, establish prayer, and pay alms-tax will receive their reward from their Lord, and there will be no fear for them, nor will they grieve. O believers! Fear Allah, and give up outstanding interest if you are ˹true˺ believers. If you do not, then beware of a war with Allah and His Messenger! But if you repent, you may retain your principal. Do no wrong and you will not be wronged. If it is difficult for someone to repay a debt, postpone it until a time of ease. And if you waive it as an act of charity, it will be better for you, if only you knew.
O believers! Do not consume interest, multiplying it many times over. And be mindful of Allah, so you may prosper.
taking interest despite its prohibition, and consuming people’s wealth unjustly. We have prepared for the disbelievers among them a painful punishment.
Whatever loans you give, ˹only˺ seeking interest at the expense of people’s wealth will not increase with Allah. But whatever charity you give, ˹only˺ seeking the pleasure of Allahit is they whose reward will be multiplied.
The attitude of Muhammad to usury is articulated in his Last Sermon:
Verily your blood, your property are as sacred and inviolable as the sacredness of this day of yours, in this month of yours, in this town of yours. Behold! Everything pertaining to the Days of Ignorance is under my feet completely abolished. Abolished are also the blood-revenges of the Days of Ignorance. The first claim of ours on blood-revenge which I abolish is that of the son of Rabi'a b. al-Harith, who was nursed among the tribe of Sa'd and killed by Hudhail. And theusury''' of the pre-Islamic period is abolished, and the first of our usury I abolish is that of 'Abbas b. 'Abd al-Muttalib, for it is all abolished.One of the forbidden usury models in Islam is to take advantage when lending money. Examples of forbidden loans, such as a person borrowing 1000 dollars and the borrower is required to return 1100 dollars. The above agreement is a form of transaction which is a burden for people who borrow, because in Islam, lending and borrowing are social transactions aimed at helping others, not like a sale and purchase agreement that is allowed to be profitable. Hence, a rule of thumb used by Islamic scholars is, "Every loan which gives additional benefits is called usury."
In literature
In The Divine Comedy, Dante places the usurers in the inner ring of the seventh circle of hell.Interest on loans, and the contrasting views on the morality of that practice held by Jews and Christians, is central to the plot of Shakespeare's play "The Merchant of Venice". Antonio is the merchant of the title, a Christian, who is forced by circumstance to borrow money from Shylock, a Jew. Shylock customarily charges interest on loans, seeing it as good business, while Antonio does not, viewing it as morally wrong. When Antonio defaults on his loan, Shylock famously demands the agreed upon penalty: a measured quantity of muscle from Antonio's chest. This is the source of the metaphorical phrase "a pound of flesh" often used to describe the dear price of a loan or business transaction. Shakespeare's play is a vivid portrait of the competing views of loans and use of interest, as well as the cultural strife between Jews and Christians that overlaps it.
By the 18th century, usury was more often treated as a metaphor than a crime in itself, so Jeremy Bentham's Defense of Usury was not as shocking as it would have appeared two centuries earlier.
In Honoré de Balzac's 1830 novel Gobseck, the title character, who is a usurer, is described as both "petty and great – a miser and a philosopher..." The character Daniel Quilp in The Old Curiosity Shop by Charles Dickens is a usurer.
In the early 20th century Ezra Pound's anti-usury poetry was not primarily based on the moral injustice of interest payments 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 law
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.".Canada
Canada's Criminal Code limits the interest rate to 60% per year.The law is broadly written and Canada's courts have often intervened to remove ambiguity.
Japan
Japan has various laws restricting interest rates. Under civil law, the maximum interest rate is between 15% and 20% per year depending upon the principal amount. Interest in excess of 20% is subject to criminal penalties. Default interest on late payments may be charged at up to 1.46 times the ordinary maximum, while pawn shops may charge interest of up to 9% per month.United States
Usury laws are state laws that specify the maximum legal interest rate at which loans can be made. In the United States, the primary legal power to regulate usury rests primarily with the states. Each U.S. state has its own statute that dictates how much interest can be charged before it is considered usurious or unlawful.If a lender charges above the lawful interest rate, a court will not allow the lender to sue to recover the unlawfully high interest, and some states will apply all payments made on the debt to the principal balance. In some states, such as New York, usurious loans are voided ab initio.
The making of usurious loans is often called loan sharking. That term is sometimes also applied to the practice of making consumer loans without a license in jurisdictions that requires lenders to be licensed.
Federal regulation
On a federal level, Congress has never attempted to federally regulate interest rates on purely private transactions, but on the basis of past U.S. Supreme Court decisions, arguably the U.S. Congress might have the power to do so under the interstate commerce clause of Article I of the Constitution.Congress imposed a federal criminal penalty for unlawful interest rates through the Racketeer Influenced and Corrupt Organizations Act, and its definition of "unlawful debt", which makes it a potential federal felony to lend money at an interest rate more than twice the local state usury rate and then try to collect that debt.
It is a federal offense to use violence or threats to collect usurious interest.
Separate federal rules apply to most banks. The U.S. Supreme Court held unanimously in the 1978 case, Marquette Nat. Bank of Minneapolis v. First of Omaha Service Corp., that the National Banking Act of 1863 allowed nationally chartered banks to charge the legal rate of interest in their state regardless of the borrower's state of residence.
In 1980, Congress passed the Depository Institutions Deregulation and Monetary Control Act. Among the Act's provisions, it exempted federally chartered savings banks, installment plan sellers and chartered loan companies from state usury limits. Combined with the Marquette decision that applied to National Banks, this effectively overrode all state and local usury laws. The 1968 Truth in Lending Act does not regulate rates, except for some mortgages, but requires uniform or standardized disclosure of costs and charges.
In the 1996 Smiley v. Citibank case, the Supreme Court further limited states' power to regulate credit card fees and extended the reach of the Marquette decision. The court held that the word "interest" used in the 1863 banking law included fees and, therefore, states could not regulate fees.
Some members of Congress have tried to create a federal usury statute that would limit the maximum allowable interest rate, but the measures have not progressed. In July 2010, the Dodd–Frank Wall Street Reform and Consumer Protection Act, was signed into law by President Obama. The act provides for a Consumer Financial Protection Bureau to regulate some credit practices but has no interest rate limit.