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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;

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 another city.

(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 on usury!

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 and falter!
2. Answer: They falter and recover - people who lend on usury falter and never recover.

(f) (Rav Huna): "B'Vala Rasha Tzadik Mimenu" - a Rasha can destroy someone more righteous than himself, he cannot destroy a perfect Tzadik.
(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"
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.

(h) Question (Beraisa): And not to you, rather "l'Ger" - this says that a convert can acquire a Yisrael slave!

1. Contradiction (Beraisa): A convert cannot be acquired as a Yisrael slave, nor can a woman or convert acquire a Yisrael slave.
2. He cannot be acquired - for we cannot fulfill "v'Shav El Mishpachto";
3. A woman cannot acquire a Yisrael slave - it would be improper;
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.

(i) Suggestion: The Beraisa says, a woman or convert cannot acquire a Yisrael slave - this is unlike R. Shimon ben Gamliel.

1. (Beraisa): A woman may acquire female slaves, but not male slaves;
2. R. Shimon ben Gamliel says, she may even acquire 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);

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 is proper;
2. Why are we concerned for a dog - if she sinned with it, it would follow her around (revealing the matter)!

(l) Answer: People would attribute this to the fact that she is always feeding it meat.

(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 earlier).
(d) (Beraisa): "Al Tikach Me'ito" - but you may be a cosigner for him.

(e) Question: For which lender may he be a cosigner?

1. If for a Yisrael - but a Mishnah teaches, the lender, borrower, cosigner and witnesses transgress an Ase!

(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.
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.

(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 forbidden;

1. But in the first clause, why is it one may in front of Tony?
2. Mid'Oraisa, Reuven is not Tony's agent, Reuven himself lends Shimon!

(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).
(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!
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 not so.

(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!
(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;
2. We learn that agents work in general from Terumah!

(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!
(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;
2. This is our source that agents work - we only learn that Atem (Yisrael) can have agents!

(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).

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 Nochrim!

(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.