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1) THE INVESTOR MUST PAY SOMETHING

(a) (Rav Nachman): The Halachah follows R. Yehudah, R. Yosi b'Rebbi Yehudah and R. Shimon ben Gamliel.
(b) A document was presented against Rav Ilish's sons saying that their father had received a Iska (business venture) on condition to receive half the profit or loss.
(c) Rava: Rav Ilish was a great man - he knows that the investor must accept more of the loss than the gain!

1. If the investor gets half the profit, he must bear two thirds of the loss;
2. If the investor bears half the loss, he only gets a third of the profit. (The investor's share of the loss is a deposit, the rest is a loan to the receiver; the receiver gets an extra sixth of the profits as wages for his toil on the investor's portion),

(d) Question (Rav Zevid): Perhaps Rav Ilish ate some of the investor's food!

1. (Rav Nachman): The Halachah follows R. Yehudah.

(e) Answer (Rav Kahana): Rav Nachman did not say that the Halachah follows R. Yehudah, R. Yosi b'Rebbi Yehudah and R. Shimon ben Gamliel, rather that they all hold similarly.
(f) Support: There would be no need to rule as all of them - it would suffice to rule as R. Yehudah, the most lenient of them.
(g) (Rav): One who gives an animal to raise may stipulate that the receiver will get all the profits above a third (they will share equally the profits up to a third).
(h) (Shmuel): This is forbidden, perhaps the profit will not exceed a third!

1. Rather, the giver must guarantee the receiver wages of a Dinar.

(i) Question: Does Rav really hold that he need not guarantee a Dinar?!

1. Contradiction (Rav): If Reuven received an animal to fatten it, he keeps the head (and half the increased value).

i. Suggestion: The case is, Reuven gets all the profits above a third (and still, he must get the head)!

(j) Answer #1: No, he gets all the profits above a third or the head (if the profit does not exceed a third).
(k) Answer #2: Rav only permitted getting (only) all the profits above a third when the receiver has an animal of his own - since he must feed his own, the toil of feeding another animal is minute.
(l) R. Elazar of Hegronya bought an animal and gave it to his sharecropper to fatten; he gave him the head and half the profit.
(m) The sharecropper's wife: Had you been a partner in the animal, you would have received the entire tail as well!
(n) The next time, they bought the animal together; R. Elazar gave him half the tail, and said 'Let us divide the head'.
(o) The sharecropper: Do I get less than when you owned the entire animal?!
(p) R. Elazar: Before, it was my animal, if I didn't give you extra, it would look like Ribis; now we are partners, there is no concern!

1. Suggestion: The sharecropper should get more, because he worked harder!
2. Rejection: Normally, sharecroppers ensure that the landowner will not need to buy fodder.(it is accepted practice that the sharecropper should work harder)

(a) (Beraisa #1 - Sumchus): Reuven accepted a donkey (whose value was estimated) to raise, he must care for it for 18 months; a small animal (i.e. that does not work) - 24 months;

1. If Reuven wants to share the profits before these times, the giver can stop him; however, the toil of the first year is unlike the toil of the second.
2. Question: What does this mean (however...)?
3. Correction: Rather, because the toil of the first year is less than the toil of the second.

(b) (Beraisa #2): Reuven accepted an animal (whose value was estimated) to raise, he must care for offspring of a small animal for 30 days, of a big animal, 50 days;

1. R. Yosi says, he must care for offspring of a small animal for three months, because they need more care.

i. Question: Why do they need more care?
ii. Answer: Because their teeth are small.

2. After this, Reuven gets his half and half of the giver's half.

(c) Rav Menashiya bar Gada took his half and half of the giver's half.
(d) Abaye: Who estimated the value for you? Also - here, the custom is to raise the offspring!

1. (Mishnah): Where the custom is to raise them, he must raise them.

(e) Two Kusim made an Iska together; one divided the money by himself.
(f) Rav Papa: The division stands - Rav Nachman said, money is considered as divided - it does not need an evaluation
(g) The next year they bought wine together; the other one divided the wine by himself.
(h) Rav Papa: Who authorized you to divide?
(i) The Kusi: Why do you always favor my partner?
(j) Rav Papa: Different wines are of different qualities (you cannot divide by yourself) - but your partner took good and bad coins, and left similar coins for you.

(k) (Rav Nachman): Coins are considered to be divided.

1. This is only if they are all good or all poor - but if there are good and poor, no.

(a) Rav Chama used to rent a Zuz for an eighth of a Zuz per day; he lost all his money.

1. He reasoned, I may rent them, just as I may rent a shovel!
2. Rejection: A shovel is different, for one returns the same shovel itself, and it depreciates - but one does not return the same coins, and they do not readily depreciate.

(b) (Rava): Reuven may tell Shimon 'take four Zuz and lend money to Levi' - the Torah only forbids Ribis paid from the borrower to the lender.
(c) (Rava): Reuven may tell Shimon 'take four Zuz and ask Levi to lend money to me'.
(d) Question: Why is this?
(e) Answer: The money is wages for Shimon speaking on his behalf.

1. Aba Mar, Rav Papa's son used to take small cakes of wax from wax salesmen and tell his father to lend them.
2. Rabanan (to Rav Papa): Your son is eating Ribis!
3. Rav Papa: The Torah only forbids Ribis paid from the borrower to the lender; my son takes wages for speaking on their behalf.

(a) (Mishnah): One may estimate and give (to share the profits) a cow, donkey or anything that works and eats.
(b) In a place where they normally divide the offspring immediately, they do so; in a place where they raise them, they raise them.
(c) R. Shimon ben Gamliel says, one may estimate a calf or foal with its mother, and he may increase (rental of) his field without concern for Ribis.
(d) (Gemara - Beraisa): Increasing rental: if Reuven rented Shimon's field for 10 Kor of wheat per year, he may ask to borrow money to improve the field, and he will then pay 12 Kor per year;
(e) Regarding a store or ship, this is forbidden.
(f) (Rav Nachman): Sometimes one may increase their rental:

1. If one decorates a store, this attracts customers, it is worth more;
2. If one puts a mast or sail on a ship (it is worth more).

(g) (Rav): One may rent a ship on condition that the renter must pay if it breaks.
(h) Question (Rav Kahana and Rav Asi): If he rents it, he is exempt for breakage; if he is liable for breakage, he is a borrower, he does not pay rent!
(i) Rav was silent.
(j) Rav Sheshes: Rav should have defended himself from a Beraisa!

1. (Beraisa): Even though we may not accept from a Yisrael a 'Tzon Barzel' Iska (the receiver accepts any loss; any profits are shared), we may accept from Nochrim;
2. However, one may accept from a Yisrael a cow estimated at 30 Dinarim on condition to give a Sela rental per month, because he did not estimate it.
3. Objection: He did estimate it!
4. Answer (Rav Sheshes): The estimation only applies if it will die (if it merely decreases in value, he is exempt).

(k) (Rav Papa): The Halachah is, one may rent a ship on condition to pay if it breaks;

1. The custom of ship-drivers is to pay the rental when they move the ship, to pay the loss when it breaks.
2. Question: Does the law depend in the custom? (If he rents it, he is exempt for breakage!)
3. Answer: The Beraisa taught, if he is only liable for death (regarding a ship, breakage, total loss but not depreciation), he may also pay rent.