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1) BENEFIT FROM THE BORROWER (cont.)

(a) Rava: But since you take slaves of people that owe you, this looks like usury!

1. (Rav Yosef bar Minyomi): If Levi lived in Yehudah's field without Yehudah's knowledge, he is exempt - but if Yehudah owes him money, Levi must pay rent.

(b) Rav Yosef bar Chama: I retract.

(a) (Abaye): Reuven owed usury to Shimon. Wheat was selling for four measures for a Zuz; Reuven paid the debt with wheat, and gave five measures per Zuz - when we make Shimon return the usury (as R. Elazar holds), he need only return four measures per Zuz - the extra measure was just because Reuven sells cheaply.
(b) (Rava): He must return all five measures, because he received it as usury.
(c) (Abaye): Reuven owed four Zuzim of usury to Shimon; he paid him by giving him a garment - Shimon need only return four Zuzim, for Reuven sold the garment to him for four Zuz.
(d) (Rava): He must return the garment, so people will not says that he wears clothing of usury.
(e) (Rava): Reuven owed 12 Zuzim of usury to Shimon; he paid him by renting his yard to him for the 12 Zuz, even though his yard is normally rented for ten - we make Shimon return 12 Zuz.
(f) Question (Rav Acha mi'Difti): Shimon can say, I was only willing to accept it as 12 because it came for nothing - if I must pay, I will only pay as everyone else pays!
(g) Answer (Ravina): Reuven can say, you accepted the yard for 12.

(a) (Mishnah): One may charge more rental if the renter pays later, but one may not charge more in a sale if the buyer pays later.

1. Reuven may set the rental for his yard to be ten Sela'im for the year if paid up front, or one Sela per month;
2. It is forbidden to set the price for buying his field at 1000 up front or 1200 if paid after the harvest (when the buyer will have money).

(b) (Gemara) Question: What is the difference between the cases?
(c) (Rabah and Rav Yosef): Rental is only owed at the end of the term - the real rental is one per month, Reuven gives a discount for paying early; in a purchase, the buyer owes the money immediately (the real price is 1000), Reuven charges extra for delaying payment.
(d) (Rava): We learn that rental is only owed at the end of the term from "Ki'Schir Shanah b'Shanah" - rental for this year is paid in another (i.e. the beginning of the next) year.
(e) (Mishnah): Or 1200 if paid after the harvest - this is forbidden.
(f) (Rav Nachman): Tarsha (to sell something for more than its value on condition to receive the money later) is permitted.
(g) Question (Rami bar Chama - Mishnah): Or 1200 if paid after the harvest, it is forbidden.
(h) Answer (Rav Nachman): That is because he offered a lower price for paying immediately, then it is forbidden.
(i) (Rav Papa): The Tarsha I do (to sell beer in Tishrei, when it is cheap, and get paid in Nisan, according to the expensive price of Nisan) is permitted.
(j) Question: Why is this?
(k) Answer (Rav Papa): My beer does not spoil (I could wait until Nisan to sell it), I do not need the money now - I do a favor to the buyer, to let him drink it early!
(l) Objection (Rav Sheshes brei d'Rav Idi): Why do you view it from your perspective - from the buyer's perspective, he is paying more because he lacks money now!
(m) (Rav Chama): The Tarsha I do (I sell goods where they are cheap according to the expensive price where the buyers take them to sell; I suffer any losses on the way - essentially, they only buy them there) is surely permitted.
(n) Question: Why is this?
(o) Answer (Rav Chama): The buyers profit from having the merchandise in my name - (because I am a Chacham) they are exempt from taxes, and no one is allowed to sell before them.

(p) The Halachah follows: Rav Chama, R. Elazar (that fixed usury must be returned), and R. Yanai (returning money is as returning produce),

(a) (Mishnah): Reuven paid part of the money for Shimon's field, who told him that when he pays the rest, he can have the field - this is forbidden;
(b) Levi may lend Yehudah on condition that if the loan is not paid within three years, Levi will keep Yehudah's field;

1. Chachamim sanctioned Baisus ben Zunin to do so.

(c) (Gemara) Question: Who eats the produce until the buyer pays the rest?
(d) Answer #1 (Rav Huna): The seller.
(e) Answer #2 (Rav Anan): The produce is stored by a third party.
(f) They do not argue - if Shimon said 'When you pay the rest, you will acquire it', Shimon eats the produce; if he said 'When you pay the rest, the field is yours from now', the produce is left by a third party.
(g) (Rav Safra): Sometimes both are allowed to eat the fruit, sometimes neither, sometimes only the seller is allowed, sometimes only the buyer.
(h) (Rava): Both are allowed - if he said 'Acquire according to what you pay'; neither is allowed - if he said, 'When you pay the rest, the field is yours from now', only the seller is allowed - if he said; ''When you pay the rest, the field will be yours'; only the buyer is allowed - if he said 'Acquire now, the rest of the money is a loan'.
(i) Question: Who is the Tana that says that both are forbidden?
(j) (Rav Huna brei d'Rav Yehoshua): It is not R. Yehudah, he permits one-sided usury.

(a) Reuven took Shimon's house or field as collateral for a loan, and said 'When you want to sell it, only sell it to me for (the loan and) this amount (the sum was still less than its value)' - this is forbidden; 'for its value' - this is permitted.
(b) Question: Who is the Tana that forbids 'for this amount'?
(c) Answer (Rav Huna brei d'Rav Yehoshua): It is not R. Yehudah, he permits one-sided usury.
(d) Reuven sold his house or field to Shimon, saying 'When I get the money, return it to me' - this is forbidden (this shows it was a loan, Shimon enjoyed free rental as usury);

1. If Shimon said 'When you get the money, I will return it to you', this is permitted.

(e) Question: Who is the Tana that forbids for the amount of the loan?
(f) Answer (Rav Huna brei d'Rav Yehoshua): It is not R. Yehudah, he permits one-sided usury.
(g) Question: What is the difference between the cases?
(h) Answer (Rava): Shimon said 'If I want, I will return it', therefore it is a sale.