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 73
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) DISCOUNTS FOR PAYING IN ADVANCE
(a) (Beraisa): Reuven was carrying a bundle to a certain
place. Shimon offered: 'I will take it and sell it for
you; I will use the money, and later return to you
according to what it sells for there':
2) BENEFITS FOR PAYING IN ADVANCE
1. If Reuven bears any losses on the way, it is
permitted (Rashi - for it is not a loan until he
sells it; Tosfos - Reuven must pay Shimon's toil and
(b) (Beraisa): Reuven was carrying produce to a certain
place. Shimon offered: 'Give them to me (to eat); I will
return the same amount to you there':
2. If Shimon bears any losses on the way, it is
1. If Reuven has produce there, it is permitted; if
(c) Donkey-drivers may borrow money on condition to (Rashi -
use it and later) return produce according to the lower
price in a different city.
(d) Version #1 (Rashi) Question: Why is this allowed? (They
work for the buyer without any pay, just use of his
(e) Answer #1 (Rav Papa): The donkey-drivers gain - they
become trustworthy in the eyes of sellers in the city
where produce is cheap (on other occasions, they will
give them on credit).
(f) Version #2 (R. Chananel) Question: Why is this allowed?
(Even though they are paid, they bear any loss on the
(g) Answer #1 (Rav Papa): They gain - the buyers tell them
where produce is expensive. (end of Version #2)
(h) Answer #2 (Rav Acha brei d'Rav Ika): The sellers give a
discount to the donkey-drivers (Rashi - they fear that
the donkey-drivers will stop buying from them, since they
are not paid).
(i) Question: What is the difference between the answers?
(j) Version #1 (Rashi) Answer: A new donkey-driver. (The
sellers start to trust him, but he does not get a
(k) Version #2 (R. Chananel) Answer: A new lender. (He does
not know where the price is expensive, but the
donkey-drivers still get a discount from the sellers).
(l) Grain was selling for four (measures for a Zuz) in Sura,
and for six in Kafri. Rav gave money (in Sura) to
donkey-drivers (to bring from Kafra), he accepted to bear
losses on the way. He took from them five measures per
(m) Question: He is allowed to take six!
(n) Answer: An important person should not.
(o) Question (R. Asi): May this be done with (other
merchandise such as) pieces of metal? (Perhaps the above
reasons do not apply, since the donkey-drivers will not
frequent the same sellers.)
(p) Version #1 - Answer (R. Yochanan): R. Yishmael b'Rebbi
Yosi wanted to do so with linen garments; Rebbi forbade
(q) Version #2 - Answer (R. Yochanan): Rebbi wanted to do so
with pieces of metal; R. Yishmael b'Rebbi Yosi forbade
(a) (Rav): It is forbidden to give money (when grapes are
immature) to receive mature grapes (later) at a low
(b) (Shmuel): This is permitted.
1. Rav forbids - since they are worth more later, this
(c) (Rav Simi bar Chiya): Rav admits regarding oxen.
2. Shmuel permits - since the buyer bears losses that
may occur to the crop, it does not look like usury.
1. Version #1 (Rashi): In a vineyard harvested using
oxen, this is permitted, because the oxen get caught
in the vines and losses are common.
(d) Version #1 (Rashi): There were people that used to lend
grain to their sharecroppers (for planting) and receive
back (after it grew) new grain.
2. Version #2 (Tosfos): Rav admits that it is permitted
to give money (at a low price) for calves that will
be born during the year, since miscarriages are
3. Version #3 (Rambam): Rav admits that it is permitted
to give money (at a low price) for calves to receive
them when they are grown, for they often grow weak
1. Shmuel: You must help them plow or harvest a bit (so
you are entitled to wages) - if not, this is a loan
of a Se'ah on condition to return a Se'ah, it is
(e) Version #2 (Tosfos): There were people that used to pay
in advance to receive a greater value of vines after the
1. Shmuel: You must make an acquisition in the land now
(to acquire the vines) - if not, this is a loan, it
is forbidden (since loss is not common).
(f) People that guard standing crops used to be paid after
the grain was harvested and threshed; they received extra
on account of the delay.
1. Rava: (This is usury) - you must help a bit at the
granary, in order that your work continues until
then, for then there is no delay in your wages (to
attribute the higher wage to it);
(g) Rabanan (to Rava): You receive usury!
i. Wages are only due to be paid at the end of the
1. We rent fields for four Korim of grain, which we
receive in Nisan - you receive six Korim a month
(h) Rava: You act improperly!
1. The land belongs to the renter until the grain fully
ripens - you should not make him leave in Nisan!
2. I receive rental when it is due, in Iyar.
(i) Rav Mari bar Rachel took a house as a Mashkanta from a
Nochri, who then sold it to Rava. A year later, Rav Mari
gave a year's rent to Rava (for the coming year).
3) THE LAW OF THE LAND
1. Rav Mari: Within one year, the Nochri could not have
removed me from the field even if he paid the loan;
from now onwards, I must pay rent.
(j) Question (Rava of Barnayish): Rabanan take usury! They
pay for wine in Tishrei and take it in Teves, and the
seller bears the loss if it sours in between!
2. Rava: Had I known that it was a Mashkanta by you, I
would not have bought it; now that I know, I apply
to you the law of Nochrim: until he pays you, he
does not receive rent - I also will not take rent
until I force him to pay you. (This is not usury,
for Rava does not owe Rav Mari anything.)
(k) Answer (Rav Ashi): If it soured in between, that shows
that it was not proper wine from the beginning - they
paid for wine, not vinegar.
(a) Question (Ravina): Before the harvest, I give money for
wine; I receive an extra measure - is this permitted?
(b) Answer (Rav Ashi): Yes - since there was no stipulation,
this is just a gift.
1. Ravina: The sellers do not own the land, they pay
the tax for abandoned land and work it - is the wine
forbidden because the land was stolen?
(c) Question (Rav Papa): There are Rabanan that pay the
head-tax of people, and make them work for them!
2. Rav Ashi: No - the king has rights over the land -
he says that whoever pays the land tax, he gets the
(d) Answer (Rava): The king is master over all his subjects -
he says that whoever pays another's head-tax may make the
person work for him.
(e) Rav Se'oram (Rava's brother) used to grab indecent people
and make them pull Rava's rickshaw.
1. Support (Rava - Beraisa): Someone that does not act
properly, you may force him to work for you -
"L'Olam Bahem Ta'avodu uv'Acheichem" (forever you
will work with Kana'ani slaves and with your
i. Suggestion: Perhaps this applies even to
someone acting properly!
ii. Rejection: "Uv'Acheichem Benei Yisrael (you may
not work harshly)."
(a) (Rav Chama): Reuven gave Shimon money to buy wine; he was
negligent and did not - he must give him wine as it sells
at the major market (cheaply).
(b) (Rav Zvid of Nehardai): That is only if he asked for
(unspecified) wine - but if he asked for a specific wine,
he just gets back his money - we do not know if they
would have agreed to sell to him!
(c) (Rav Ashi): Even if he asked for (unspecified) wine, he
just gets back his money.
(d) Question: What is the reason?
(e) Answer: Even if he promised to give his wine if he will
not buy, this is only Asmachta, there was no acquisition.
(f) Question: What is the difference between this and the
1. (Mishnah): One who rented a field on condition to
give a certain amount of (its) produce, and accepted
to pay if he will not work the field - this is
(g) Answer: There, he can surely work the field; here, there
is no guarantee that they would sell to him.