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1) OTHER LAWS OF MASHKANTA

(a) (Rav Ashi): Without specifying, Mashkanta is for a year.
(b) Question: What do we learn from this?
(c) Answer: The borrower can only redeem after a year.
(d) (Rav Ashi): The word Mashkanta comes from 'd'Shechunah Gavei' (he dwells in it);

1. This teaches that if the borrower sells it, the lender has first option to buy it, he is the closest neighbor.

(e) (Rava): The following go against the Halachah: Tarsha of Rav Papa, documents of Chuznai, land rentals of Narshai.

1. Tarsha of Rav Papa - he would sell wine in Tishrei according to the price of Nisan, on condition to be paid later (65A);
2. Documents of Chuznai - wholesalers that sell goods to merchants (to be paid later); the amount written in the document is the principal and half the anticipated profit.

i. This is forbidden, for perhaps there will be no profit (and the borrower must pay Ribis)!
ii. Mar bar Ameimar: My father does so - if the buyer said he did not profit, he believed him!
iii. Rav Ashi: He should be concerned that if he dies, his heirs might not believe the buyer!
iv. "Kishgagah she'Yotza mi'Lifnei ha'Shalit" - Rav Ashi was not careful with his language, Ameimar died immediately.

3. Rentals of Narshai - they write that Reuven took land as collateral, and rented it back to the owner;

i. Reuven never acquired the land that he may rent it back!

4. Nowadays, they write that Reuven acquired the field and it was by him for a while, then he rented it back - this is permitted, to encourage loans.
5. Rejection: No, also this is forbidden.

(a) (Mishnah): Reuven gave goods to Shimon to sell in a store (for more than the wholesale price; half the goods are a loan, half are a deposit, each gets the profit on his half) - this is permitted only if in addition he pays him as a worker (for selling Reuven's half);

1. The same applies if he gave money to buy goods and share the profit;

(b) If he gave eggs to Shimon, to put hens on them to develop chicks and share the profit (the increased value of chicks over eggs), he must pay for Shimon's toil and the chicken feed;

1. The same applies if he estimated the value of calves or foals, and asked Shimon to raise them (to share the profits or loss);
2. He may give calves or foals to Shimon to raise, on condition to evenly share their value when they reach a third of their ultimate growth (Rashi; Rambam - three years) or donkeys until they can bear burdens.

(c) Version #1 - Rashi - (Gemara - Beraisa): He is paid as an idle worker (the amount a worker would want to receive to rest from his labor).
(d) Question: But he did not rest - he was selling goods!

(e) Answer (Abaye): He is paid as a worker would want to receive to engage in light labor (such as selling) instead of his usual (harder) job.
(f) Version #2 - Tosfos - (Beraisa): He is paid as an idle worker.
(g) Question: What does this mean?
(h) Answer (Abaye): The amount a worker would want to receive to rest from his labor. (end of Version #2)
(i) We must teach both cases.

1. If we only taught selling in a store - one might have thought, since it is light work, he is only paid as an idle worker - but to buy merchandise, he would get his full normal wage;
2. If we only taught buying merchandise - one might have thought, since it is hard work, he is paid as an idle worker - but to sell in a store, he would get a pittance, even if he ate a drop of Reuven's food, that is enough;
3. The Mishnah teaches, this is not so.

(j) (Beraisa) Question: How much is he paid?

1. Answer #1 (R. Meir): Whatever they stipulate suffices, be it much or little;
2. Answer #2 (R. Yehudah): It suffices if he eats vegetables dipped in brine or a dried fig of Reuven;
3. Answer #3 (R. Shimon): He must receive his full normal wage (as an idle worker).

(a) (Beraisa): We may not estimate and give (to share the profits) goats, sheep or anything that eats and does not work;
(b) R. Yosi b'Rebbi Yehudah permits goats and sheep, for they give milk and wool, and hens (they lay and hatch eggs).
(c) Question: Do Chachamim (the first Tana) say that milk and wool do not suffice for the toil and food?!
(d) Answer: No - if Shimon keeps all the milk and wool, all agree that this is permitted;

1. They argue when he only gets whey and wool that is washed off the sheep.
2. Chachamim rule as R. Shimon, that he must receive full wages; R. Yosi b'Rebbi Yehudah rules as R. Yehudah, it suffices that he eats a drop.

(e) (Beraisa): Leah has a hen - she may charge Rachel two chicks a year for sitting it on Rachel's eggs;

1. R. Yehudah says, she may stipulate that they will share the chicks; R. Shimon forbids this.

(f) Question: Does R. Yehudah not require that Leah receive wages and food?
(g) Answer: He says that it suffices that she keeps the eggs that do not develop into chicks.
(h) (Beraisa): In a place where one (who raises young animals) gets wages for carrying it, he must get, we do not change from the local custom;
(i) R. Shimon ben Gamliel says, if the animal's mother was given with the child, he need not get wages (the child need not be carried, it follows its mother).
(j) Question: Does R. Shimon ben Gamliel not require that he get wages and food?
(k) Answer: He gets the dung (for fertilizer).

1. Chachamim say, the owner makes it Hefker anyway, this is not considered wages.