POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Bava Metzia 65
BAVA METZIA 61,63,64,65 - Mrs. Estanne Abraham-Fawer has dedicated two weeks
of Dafyomi study material to honor the second Yahrzeit of her father, Reb
Mordechai ben Eliezer Zvi (Weiner, who passed away 18 Teves 5761). May the
merit of supporting and advancing the study of the Talmud be l'Iluy
1) BENEFIT FROM THE BORROWER (cont.)
(a) Rava: But since you take slaves of people that owe you,
this looks like usury!
2) HOW WE RETURN 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.
3) A HIGHER PRICE FOR PAYING LATER
(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
(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
(a) (Mishnah): One may charge more rental if the renter pays
later, but one may not charge more in a sale if the buyer
1. Reuven may set the rental for his yard to be ten
Sela'im for the year if paid up front, or one Sela
(b) (Gemara) Question: What is the difference between the
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).
(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
(e) (Mishnah): Or 1200 if paid after the harvest - this is
(f) (Rav Nachman): Tarsha (to sell something for more than
its value on condition to receive the money later) is
(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
(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
(p) The Halachah follows: Rav Chama, R. Elazar (that fixed
usury must be returned), and R. Yanai (returning money is
as returning produce),
4) PARTIAL PAYMENT
(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;
5) ONE-SIDED USURY
(b) Levi may lend Yehudah on condition that if the loan is
not paid within three years, Levi will keep Yehudah's
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
(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
(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
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
(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.