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4 [1] The Hebrew terms *neshekh* and *marbith* (usury and interest) are one and the same thing, as it is written: "Do not lend him your money at advance interest, do not give him your food at accrued interest" (Leviticus 25:37). Thereafter the Torah says: "You shall not deduct interest from loans to your brother, whether in money or food or anything else that can be deducted as interest" (Deuteronomy 23:20). Why is it called *neshekh* (biting)? Because the usurer bites, inflicting pain to another person and eating his flesh. Why has Scripture used two different terms for interest? So that the usurer should be punished for transgressing two prohibitive commands. [2] Just as it is forbidden to lend money on interest, so is it forbidden to borrow on interest, as it is written: "You shall not cause your brother to bite" (20), which is traditionally interpreted as a warning to the borrower, namely: do not let yourself be bitten by your brother.— — [3] [4] [5] [6] [7] [8] [9] [10] [11] [12] [13] Some of the Geonim have taught that the borrower who waives the interest a lender has charged or will in the future charge on his behalf, even if he [affirms his] waiver through *kinyan* or gives [it as] a present, [his words] accomplish nothing. [Their rationale is] that all interest [that is given], [the borrower] always waives it. But the Torah does not waive [it] and forbids this waiver [specifically]. Therefore, waiver of interest is not effective, even interest [forbidden by] the rulings [of the rabbis]. It appears to me that this teaching is not correct. Instead, because they tell the lender to return to him [the interest], and the lender knows that he did a prohibited thing, and [the borrower] can take from him [the money], if [the borrower] wants to waive [the obligation to return the interest], he can waive, just as a person can waive [the return of] a stolen object. The Sages said explicitly that when thieves and lenders [of money] at interest return [the interest], we should not receive it from them, from the general rule that waiver [of the requirement to return interest] is effective.
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