POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
Ask A Question on the daf
Previous daf Bava Metzia 71
BAVA METZIA 71-74 - 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 Nishmaso.
1) ONE WHO LENDS ON USURY
(a) Version #2 (Rav Yosef - Beraisa): "(If you will lend) Ami
Es he'Ani Imach" - if My people and a Nochri request a
loan, My people come first;
2) USURY FROM NOCHRIM
1. A poor person comes before a rich person; poor
people of your family come before those of your
city; poor people of your city come before those of
(b) Question (Beraisa): If My people and a Nochri request a
loan, My people come first - this is obvious!
(c) Answer (Rav Nachman): The Chidush is, even if the Nochri
will pay usury.
(d) (Beraisa - R. Yosi): See how foolish are those who lend
1. If Reuven calls Shimon 'evil', Shimon will fight him
as if he came to kill him - one who lends on usury
brings witnesses and a scribe to write (a document
which proves that) he denies Hash-m!
(e) (Beraisa - R. Shimon ben Elazar): "(One who did not lend
on usury or take bribes) Lo Yamus l'Olam" - we infer, one
who lends on usury, his property will falter.
1. Question: But we see people who do not lend on usury
(f) (Rav Huna): "B'Vala Rasha Tzadik Mimenu" - a Rasha can
destroy someone more righteous than himself, he cannot
destroy a perfect Tzadik.
2. Answer: They falter and recover - people who lend on
usury falter and never recover.
(g) (Beraisa - Rebbi): I do not understand how Chachamim
expounded the Ger Tzedek written regarding sale (of a
Yisrael slave) and the Ger Toshav written by usury.
1. The Ger Tzedek written regarding sale: "(When your
brother will be sold) Lach"; and not (only) to you
(a native Yisrael), rather (even) "l'Ger"
(h) Question (Beraisa): And not to you, rather "l'Ger" - this
says that a convert can acquire a Yisrael slave!
2. Not (only) a Ger Tzedek, rather (even) a Ger Toshav,
as it says "Toshav";
3. "Mishpachas Ger" - this is a Nochri; "l'Eker" - this
is one sold to service an idol.
1. Contradiction (Beraisa): A convert cannot be
acquired as a Yisrael slave, nor can a woman or
convert acquire a Yisrael slave.
(i) Suggestion: The Beraisa says, a woman or convert cannot
acquire a Yisrael slave - this is unlike R. Shimon ben
2. He cannot be acquired - for we cannot fulfill
"v'Shav El Mishpachto";
3. A woman cannot acquire a Yisrael slave - it would be
4. A convert cannot acquire - we have a tradition from
Moshe from Sinai, whoever cannot be acquired as a
Yisrael slave cannot acquire a Yisrael slave.
5. (Rav Nachman bar Yitzchak): A convert cannot acquire
a Yisrael slave as a Yisrael acquires, but he can
acquire as a Nochri acquires.
i. (Beraisa): A Nirtza (one whose ear was bored
through because he wanted to remain a slave
after his six years expired) or one who was
sold to a Nochri, if his master dies he does
not serve the master's son or daughter.
1. (Beraisa): A woman may acquire female slaves, but
not male slaves;
(j) Rejection: No, it is even as R. Shimon - he only permits
her to acquire male Kana'ani slaves, for she would not
sin with them (lest word spread);
2. R. Shimon ben Gamliel says, she may even acquire
1. She cannot acquire male Yisrael slaves, who are
proper - she could sin with them without fear that
word would spread.
(k) Question: But Rav Yosef taught a Beraisa, a widow should
not raise a dog nor host a Talmid;
1. We understand why we are concerned for a Talmid, he
(l) Answer: People would attribute this to the fact that she
is always feeding it meat.
2. Why are we concerned for a dog - if she sinned with
it, it would follow her around (revealing the
(a) The Ger Toshav written by usury: "Ger v'Soshav...do not
take usury from him".
(b) Question (Mishnah): We may borrow from or lend to a
Nochri or Ger Toshav on usury.
(c) Answer (Rav Nachman bar Yitzchak): It does not say 'Do
not take from them (everyone in the Parshah)', rather
"Me'ito" (from your brother (a Yisrael) mentioned
(d) (Beraisa): "Al Tikach Me'ito" - but you may be a cosigner
(e) Question: For which lender may he be a cosigner?
3) LENDING A NOCHRI'S MONEY
1. If for a Yisrael - but a Mishnah teaches, the
lender, borrower, cosigner and witnesses transgress
(f) Answer: Rather, for a Nochri.
(g) Question: According to Nochri law, the lender may demand
payment from the cosigner (for the lender gives the money
to the cosigner who then lends the borrower) - in effect,
the cosigner lends the borrower (a Yisrael) on usury!
(h) Answer (Rav Sheshes): The case is, the Nochri agreed to
conduct by Torah law.
(i) Question: If so, he should not take usury!
(j) Answer (Rav Sheshes): He accepted regarding whom he
claims from, but not regarding usury.
(a) (Mishnah): We may lend a Nochri's money according to his
will, not according to the Yisrael's.
(b) (Beraisa): We may lend a Nochri's money according to his
will, not according to the Yisrael's: for example, Reuven
borrowed from a Nochri (Tony) on usury, and wanted to
return the money. Shimon found him and said 'Give me the
money, I will pay Tony usury as you stipulated with him'
- this is forbidden;
1. If Tony was there and he authorized Reuven to give
Shimon, this is permitted.
(c) Question: (Mid'Oraisa, a Yisrael cannot make a Nochri his
agent or be a Nochri's agent.) We understand the latter
clause - when Levi is there, mid'Rabanan we are stringent
to consider Tony the agent of Levi, therefore it is
2. Similarly: Tony borrowed from Levi on usury, and
wanted to return the money. Shimon found him and
said 'Give me the money, I will pay Levi usury as
you stipulated with him' - this is permitted;
i. If Levi was there and he authorized Tony to
give Shimon, this is forbidden.
1. But in the first clause, why is it one may in front
(d) Answer #1 (Rav Huna bar Mano'ach): The case is, Tony told
Reuven 'Leave the money on the rock and you are exempt'
(and Shimon picked them up from the rock).
2. Mid'Oraisa, Reuven is not Tony's agent, Reuven
himself lends Shimon!
(e) Objection: If so, obviously this is permitted!
(f) Answer #2 (Rav Papa): The case is, Reuven returned the
money to Tony, who gave it to Shimon.
1. Objection: If so, obviously this is permitted!
(g) Version #1 - Answer #3 (Rav Ashi): (Really, Reuven was
Tony's agent to give the money to Shimon.) We only say
that a Nochri cannot be (or make) an agent regarding
Terumah, but for other matters, he can!
2. Answer: One might have thought, Tony acts on
Reuven's behalf when he gives to Shimon (and
mid'Rabanan, we consider Tony to be his agent and
this is forbidden) - the Mishnah teaches, this is
(h) Rejection: That is wrong!
1. A Nochri cannot be an agent regarding Terumah, for
we learn from "Gam Atem" - just as you are bound by
the covenant (of circumcision, i.e. Yisrael or a
slave), also your agents must be;
(i) Version #2 - Answer #3 (Rav Ashi): (Really, Reuven was
Tony's agent to give the money to Shimon.) We only say
that a Nochri cannot be an agent for a Yisrael - but a
Yisrael can be an agent for a Nochri!
2. We learn that agents work in general from Terumah!
(j) Rejection: That is wrong!
1. We learn that a Nochri cannot be an agent for a
Yisrael from "Gam Atem" - just as you are bound by
the covenant, also your agents must be;
(k) Answer #4 (Ravina): (Really, Reuven gave the money to
Shimon.) Granted, a Nochri cannot have an agent - but
(mid'Rabanan - some delete this from the text), he has
Zechiyah (a Yisrael can acquire something for him -
Shimon acquires the money for Tony, and he borrows it
back from Tony).
2. This is our source that agents work - we only learn
that Atem (Yisrael) can have agents!
1. This is as we find by minors - a minor, even though
he cannot have an agent, (mid'Rabanan - some delete
this), he has Zechiyah - the same applies to
(l) Rejection: No - a minor (Yisrael) can be an agent when he
matures, he has Zechiyah even as a minor - but a Nochri
can never be an agent, he does not have Zechiyah.