Daf Yomi for Women – דף יומי לנשים

If one takes interest forbidden by the Torah, according to rabbi Elazar, the court can force him to return it.  Various cases are brought in which the interest was different than they had agreed upon.  In each case, does the lender need to return what was agreed upon or what he actually received?   The mishna distinguishes between rentals and sales in terms of agreeing to a higher price if the buyer/renter pays at a later date.  In rental contracts it is allowed because generally rentals are paid at the end so there is no benefit to paying at the end as that is what is expected.  This is different from a sale where money is generally paid from the beginning.  Some rabbis each try to explain cases from their business practices explaining how they justify that they charge a higher rate to those who pay at a later date.  If a buyer pays only part of the money and says he will pay the rest later, what happens in the interim period?  Can either side eat the produce?  A braita is brought which explains that there are 4 possible options – depending on what the wording of the agreement was.

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After 2 failed attempts at understanding the case in the mishna where interest is forbidden by rabbinic decree, Rava brings an explanation according to Rabbi Oshaya’s braita and according to Rabii Yannai’s opnion – that one can turn a loan of money into a loan of produce and not be worried that prices will fluctuate if the borrower has the item in his possession.  However, if he does not, then it appears like interest since the price may rise and in the end he will receive a higher value.  Rav disagrees with Rabbi Yannai adn thinks that one cannot turn a loan for one item inot the value of the item to then transfer it into money or a different item (like wheat for wine – as in the braita of Rabbi Yoshaya).  Two explanatinos are given as to how he can go against the braita of Rabbi Oshaya.  One of them is that it follows the unique opinion of Rabbi Yehuda that a transaction where there is potential for interest but it is not clear that there will be an interest payment (maybe prices will stay the same or go down and the lender will not receive more value), is allowed.  Rabba and Rav Yosef distinguish between and loan and a sale and allow in a sale to pay up front and only receive produce at a later date even if the seller doesn’t have them yet in his possession.  Rav Nachman teaches that any case of getting payment for waiting is considered interest and a case is brought to illustrate.

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What is allowed and not allowed in a competitive business environment?  The fifth chapter analyzes the laws of interest.  It begins with a description of interest forbidden by the Torah and interest forbidden by rabbinic law.  Then the gemara translates the terms neshech (loss for the borrower) and marbit (gain for the lender) and explains that both terms of used to teach that there are two negative commandments associated with interest but there are no cases where one would apply without the other.

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The mishna states that in hekdesh cases, a shomer who watches for free doesn’t have to swear to be exempt and a shomer who watches for pay doesn’t have to pay in cases of theft or loss.   Sources are brought that seem to contradict and various resolutions are brought.  Rabbi Shimon and Rabbi Yehuda’s positions are brought and explained.  The mishna then explains that in addition to exploitation of money that has been discussed at length in this chapter, there is also a Torah commandment against verbal abuse.  Various examples are brought and the gemara stresses how serious an offense it is.

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The Rabbis debate whether or not Rabbi Meir holds that the rabbis made their laws stringent like the Torah laws.  Various sources are brought to prove or disprove.  Abaye questions many of the stages of the debate claiming that there should be levels of rabbinic laws – ones that are prone to death by the court, death by the heavens, a lo taase and therefore the proofs and disproofs are comparing things that should not be compared.  The mishna cites certain things that the general laws of exploitation (ona’ah) do not apply to – land, slaves, documents and hekdesh.  Also other laws like double payment and laws of shomrim don’t apply to those same categories.  There are some distinctions made by other tannaim and a few more added to the list.  The gemara shows the derivation of the exemption to the laws of exploitation.

Study Guide Bava Metzia 56

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