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Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld


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Bava Metzia 75

1) BORROWING WHAT ONE HAS

(a) (Mishnah): A man may not say 'Lend me a Kor of wheat on condition that I will return a Kor after the harvest';
(b) He may ask for a loan until he his son comes or he finds the key (to get to wheat he has now); Hillel forbids this.
(c) Similarly - Hillel says, a woman may not lend a loaf to her neighbor until she sets a price for it, lest wheat will rise in price and she will give (back a loaf worth more, which is) usury.
(d) (Gemara - Rav Huna): When the borrower has wheat, he may borrow the quantity he has.
(e) (R. Yitzchak): He may borrow much more than what he has.
(f) Support (for R. Yitzchak - R. Chiya): (It is forbidden to lend wine (or oil)) when he does not have even a drop of wine (or oil);
1. Inference: If he has, he may borrow many drops.
(g) (Mishnah): Hillel forbids this.
(h) (Rav Nachman): The Halachah follows Hillel.
(i) The Halachah does not follow Hillel.
(j) (Mishnah): Similarly - Hillel says, a woman may not lend...
(k) (Rav Yehudah): Chachamim argue, they permit lending without fixing a price.
(l) (Rav Yehudah): A group of people that lend to each other and are insistent to get back no less than they gave, they transgress (on Shabbos and Yom Tov) measuring, weighing and counting, lending and repaying on Yom Tov, and according to Hillel, also usury.
2) PERMISSION FOR USURY
(a) (Rav Yehudah): When Chachamim lend each other, the borrower may return a little more than he borrowed.
(b) Question: What is his reason?
(c) Answer: They know that usury is forbidden, the excess is a gift (that he would have given even without the loan. Ramban - this applies to needs of a meal - Chachamim are not insistent to get back what they gave.)
(d) Version #1 (Rashi) - Shmuel (to Avuha bar Ihi): Lend me 100 peppers, I will return an extra 20 - this is permitted, for it is only a gift.
(e) Version #2 (Ramban) - Shmuel (to Avuha bar Ihi): Lend me 100 peppers - I will not be careful to return only 100, I may add an extra 20 - this is permitted.
(f) Version #3 (Gra 160:39) - Shmuel (to Avuha bar Ihi): Lend me 100 peppers - even if I will return an extra 20, this is permitted.
(g) (Rav Yehudah): A man may lend people of his household on usury, to teach them how severe its consequences are.
(h) Rejection: This is forbidden - they may come to desire to receive usury.
3) OTHER KINDS OF USURY
(a) (Mishnah): Reuven may say to Shimon 'Weed or dig with me today, I will do so with you tomorrow';
(b) He may not say 'Weed with me today, I will dig with you (Rashi - at a later date)' or vice-versa.
75b---------------------------------------75b

(c) All the days (of summer) when the ground is dry are the same (we are not concerned that one day will be longer or harder to work on than the other; all the days of the rainfall are the same.
(d) He may not say 'Plow with me today (in summer), I will plow with you in winter' (for then it is harder).
(e) R. Gamliel says, there is pre-loan usury and post-loan usury:
1. Reuven wanted to borrow from Shimon - he may not give him a gift 'in order that you will lend me' - this is pre-loan usury.
2. Reuven borrowed from Shimon and returned the money - he may not give him a gift 'on account of the money you lent me' - this is post-loan usury.
(f) R. Shimon says, there is usury of words: the borrower may not inform the lender of Ploni's coming.
4) THE TRANSGRESSIONS
(a) The following transgress a Lav: the lender, the borrower, the cosigner and the witnesses;
(b) Chachamim say, even the scribe transgresses.
(c) They transgress: "Lo Siten", "Al Tikach me'Ito", "Lo Sihyeh Lo ke'Nosheh", "Lo Sesimun Alav Neshech" and "Lifne Iver Lo Siten Michshol".
(d) (Gemara - Beraisa - R. Shimon): If Reuven owes Shimon, and he normally did not greet him with Shalom, it is forbidden for him to do so - "Neshech Kol Davar", even words.
(e) (Mishnah): These transgress...
(f) (Abaye): The lender transgresses all of them; the borrower transgresses "Lo Sashich l'Achicha", "ul'Achicha Lo Sashich" and "Lifne Iver"; the cosigner and witnesses only transgress "Lo Sesimun".
(g) (Beraisa - R. Shimon): Those who lend on usury lose more than they gain;
1. Further, they deny the Chachmah of Moshe and the truth of his Torah, as if he only forbade usury because he did not recognize its benefit.
(h) (Rav Dimi): If Reuven cannot pay his debt to Shimon, Shimon may not pass in front of him - "Lo Sihyeh Lo ke'Nosheh".
(i) (R. Ami and R. Asi): It is like giving Reuven two punishments - "va'Esh uva'Mayim".
(j) (Rav Yehudah): Anyone who lends money without witnesses transgresses "Lifne Iver".
(k) (Reish Lakish): He brings a curse upon himself - "Te'alamnah (will become mute) Sifsei Shaker ha'Doveros Al Tzadik" (the borrower will deny, and people suspect that he falsely claims from him).
(l) Rabanan told Rav Ashi that Ravina fulfills everything Chachamim say; to test him, he sent a message on Erev Shabbos asking to borrow ten gold pieces, in order to buy a piece of land.
1. Ravina: You must send witnesses, we will write a document.
2. Rav Ashi: Do you suspect even me?!
3. Ravina: All the more so, someone like you - you are always learning, you might forget the loan, I would cause a curse to myself.
(m) (Beraisa): Three people cry and are not answered: one who lends money without witnesses, one who acquires a master for himself, and one whose wife rules over him.
(n) Question: What is the case of one who acquires a master for himself?
(o) Answer #1: One who denies his wealth by saying that it belongs to a Nochri.
(p) Answer #2: One who writes his property to his children in his lifetime.
(q) Answer #3: One for whom it is bad in his city and he remains there.
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