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Prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Bava Metzia 75
1) BORROWING WHAT ONE HAS
(a) (Mishnah): A man may not say 'Lend me a Kor of wheat on
condition that I will return a Kor after the harvest';
(b) He may ask for a loan until he his son comes or he finds
the key (to get to wheat he has now); Hillel forbids
this.
(c) Similarly - Hillel says, a woman may not lend a loaf to
her neighbor until she sets a price for it, lest wheat
will rise in price and she will give (back a loaf worth
more, which is) usury.
(d) (Gemara - Rav Huna): When the borrower has wheat, he may
borrow the quantity he has.
(e) (R. Yitzchak): He may borrow much more than what he has.
(f) Support (for R. Yitzchak - R. Chiya): (It is forbidden to
lend wine (or oil)) when he does not have even a drop of
wine (or oil);
1. Inference: If he has, he may borrow many drops.
(g) (Mishnah): Hillel forbids this.
(h) (Rav Nachman): The Halachah follows Hillel.
(i) The Halachah does not follow Hillel.
(j) (Mishnah): Similarly - Hillel says, a woman may not
lend...
(k) (Rav Yehudah): Chachamim argue, they permit lending
without fixing a price.
(l) (Rav Yehudah): A group of people that lend to each other
and are insistent to get back no less than they gave,
they transgress (on Shabbos and Yom Tov) measuring,
weighing and counting, lending and repaying on Yom Tov,
and according to Hillel, also usury.
2) PERMISSION FOR USURY
(a) (Rav Yehudah): When Chachamim lend each other, the
borrower may return a little more than he borrowed.
(b) Question: What is his reason?
(c) Answer: They know that usury is forbidden, the excess is
a gift (that he would have given even without the loan.
Ramban - this applies to needs of a meal - Chachamim are
not insistent to get back what they gave.)
(d) Version #1 (Rashi) - Shmuel (to Avuha bar Ihi): Lend me
100 peppers, I will return an extra 20 - this is
permitted, for it is only a gift.
(e) Version #2 (Ramban) - Shmuel (to Avuha bar Ihi): Lend me
100 peppers - I will not be careful to return only 100, I
may add an extra 20 - this is permitted.
(f) Version #3 (Gra 160:39) - Shmuel (to Avuha bar Ihi): Lend
me 100 peppers - even if I will return an extra 20, this
is permitted.
(g) (Rav Yehudah): A man may lend people of his household on
usury, to teach them how severe its consequences are.
(h) Rejection: This is forbidden - they may come to desire to
receive usury.
3) OTHER KINDS OF USURY
(a) (Mishnah): Reuven may say to Shimon 'Weed or dig with me
today, I will do so with you tomorrow';
(b) He may not say 'Weed with me today, I will dig with you
(Rashi - at a later date)' or vice-versa.
75b---------------------------------------75b
(c) All the days (of summer) when the ground is dry are the
same (we are not concerned that one day will be longer or
harder to work on than the other; all the days of the
rainfall are the same.
(d) He may not say 'Plow with me today (in summer), I will
plow with you in winter' (for then it is harder).
(e) R. Gamliel says, there is pre-loan usury and post-loan
usury:
1. Reuven wanted to borrow from Shimon - he may not
give him a gift 'in order that you will lend me' -
this is pre-loan usury.
2. Reuven borrowed from Shimon and returned the money -
he may not give him a gift 'on account of the money
you lent me' - this is post-loan usury.
(f) R. Shimon says, there is usury of words: the borrower may
not inform the lender of Ploni's coming.
4) THE TRANSGRESSIONS
(a) The following transgress a Lav: the lender, the borrower,
the cosigner and the witnesses;
(b) Chachamim say, even the scribe transgresses.
(c) They transgress: "Lo Siten", "Al Tikach me'Ito", "Lo
Sihyeh Lo ke'Nosheh", "Lo Sesimun Alav Neshech" and
"Lifne Iver Lo Siten Michshol".
(d) (Gemara - Beraisa - R. Shimon): If Reuven owes Shimon,
and he normally did not greet him with Shalom, it is
forbidden for him to do so - "Neshech Kol Davar", even
words.
(e) (Mishnah): These transgress...
(f) (Abaye): The lender transgresses all of them; the
borrower transgresses "Lo Sashich l'Achicha", "ul'Achicha
Lo Sashich" and "Lifne Iver"; the cosigner and witnesses
only transgress "Lo Sesimun".
(g) (Beraisa - R. Shimon): Those who lend on usury lose more
than they gain;
1. Further, they deny the Chachmah of Moshe and the
truth of his Torah, as if he only forbade usury
because he did not recognize its benefit.
(h) (Rav Dimi): If Reuven cannot pay his debt to Shimon,
Shimon may not pass in front of him - "Lo Sihyeh Lo
ke'Nosheh".
(i) (R. Ami and R. Asi): It is like giving Reuven two
punishments - "va'Esh uva'Mayim".
(j) (Rav Yehudah): Anyone who lends money without witnesses
transgresses "Lifne Iver".
(k) (Reish Lakish): He brings a curse upon himself -
"Te'alamnah (will become mute) Sifsei Shaker ha'Doveros
Al Tzadik" (the borrower will deny, and people suspect
that he falsely claims from him).
(l) Rabanan told Rav Ashi that Ravina fulfills everything
Chachamim say; to test him, he sent a message on Erev
Shabbos asking to borrow ten gold pieces, in order to buy
a piece of land.
1. Ravina: You must send witnesses, we will write a
document.
2. Rav Ashi: Do you suspect even me?!
3. Ravina: All the more so, someone like you - you are
always learning, you might forget the loan, I would
cause a curse to myself.
(m) (Beraisa): Three people cry and are not answered: one who
lends money without witnesses, one who acquires a master
for himself, and one whose wife rules over him.
(n) Question: What is the case of one who acquires a master
for himself?
(o) Answer #1: One who denies his wealth by saying that it
belongs to a Nochri.
(p) Answer #2: One who writes his property to his children in
his lifetime.
(q) Answer #3: One for whom it is bad in his city and he
remains there.
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