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BAVA METZIA 63

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BAVA METZIA 62-63 - Dedicated by Andy & Nancy Neff of Teaneck, N.J. in honor of those who learn the Dafyomi around the world.

SUMMARY

R. Oshiah says I someone lent his friend a Manah and he tells his friend give me the Manah that you owe because I want to buy wheat and his friend says I have wheat which I will supply to you for the current price for the next 12 months it is permitted even if the wheat went up in price if he has the wheat in his possession. (1)
 
If he subsequently tells his friend give me the wheat that you owe because I want to buy wine and his friend says I have wine which I will supply to you for the current price for the next 12 months it is also permitted if he has the wine in his possession
 
Rav says if a person gives money for wheat which he will be supplied at the current price for the next 12 months he may receive the wheat even if it goes up in price, however he may not receive money instead of wheat at the higher price. (2)
 
R. Yanai says he may even receive money instead of wheat at the higher price.
 
If someone lends money to his friend and they agree that if the money is not repaid the lender will take his field the Tana Kama holds that if it is only permitted if the seller eats the fruit of the field, not the buyer. (3)
 
R. Yehudah holds that even if the buyer eats the fruit it is permitted because it is possible that the money will not be repaid and it will be a sale not a loan.
 
Rava says even according to R. Yehudah it is only permitted for the buyer to eat the fruit if he agrees to return the fruit in the event that the loan is repaid. (4)
 
According to R. Oshiah it is permitted for a person to give money to his friend in return for a supply of wheat for 12 months at the current price even if he doesn't presently have the wheat as long as the market price for the wheat had already been set. (5)
 
It is forbidden to lend a Se'ah of wheat in return for a Se'ah of wheat at a later time because of the concern that the price of the wheat will go up in the interim.
 
If a person pays for wheat before the price is fixed unless the buyer appears in the granary if the seller retracts he is not cursed with a Mi she'Para. (6)
 
If the buyer met the seller in the market and told him that he is relying on him if the seller retracts he is cursed with a Mi she'Para.
 
R. Nachman says the Klal of Ribis is whenever someone purchases an item from his friend and he underpays because his friend doesn't yet have the item in his possession it is Ribis.
 
R. Nachman says if someone underpays for an item that will be supplied to him in the future if the seller has the item in his possession it is not Ribis.
 
If the seller doesn't have the item in his possession it is Ribis even if he gave money to a third party for the item and had not yet received it.
 
If someone borrows money from his friend and he received extra money if it is an amount that could be attributed to a mistake on the part of the lender he must return it and if not it is a gift and he may keep it.

A BIT MORE

1.. However, the Tana of the Beraisa of the previous Daf holds that it is Ribis and it is forbidden even if he has the wheat in his possession because he is not receiving any money right now.
 
2. He may not take money because he gave a sum of money and is receiving an even larger sum of money and it appears like Ribis
 
3. If the buyer eats the fruit it is forbidden because of Ribis since the possibility exist that the money will be repaid and the land will go back to the seller and the fruit that was eaten is Ribis.
 
4. However according to the Tana Kama it is forbidden even if the buyer agrees to return the fruit that he ate because at the time he at the fruit it appeared like Ribis.
 
5. Even though the seller doesn't currently have the wheat it is permitted because the buyer could very well buy the wheat right now for this price from someone else.
 
6. Since the market price had not yet been fixed the buyers often retract therefore the seller is not confident that he has a sale unless the buyer appears in the granary.

BRIEF INSIGHT

A SE'AH FOR A SE'AH
 
If someone lends money to his friend and they agree that if the money is not repaid the lender will take his field the Tana Kama holds that if it is only permitted if the seller eats the fruit of the field, not the buyer. R. Yehudah holds that even if the seller eats the fruit it is permitted because it is possible that the money will not be repaid and it will be a sale not a loan. Tosfos asks if so it should be permitted according to R. Yehudah to lend a Se'ah of wheat in return for another Se'ah because maybe the wheat will not go up in price in the interim. Tosfos answers that it is only permitted according to R. Yehudah if it is in the hands of the lender or the seller that it will not be Ribis such as in this case if the seller doesn't repay the loan it will not be Ribis, however in the case where he lent the Se'ah it doesn't depend on the lender or the borrower but rater it depends on the market price of wheat.

QUICK HALACHAH

AVAILABLE ITEMS
 
If someone purchases an item that is worth 12 for 10 because he prepaid for the item if it the item is in the possession of the seller but it is not available until his son returns or until he finds the key it is permitted, but if it is not in his possession at all it is forbidden even if the item is owed to him by a third party. (Shulchan Aruch CM 173:7)

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