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BAVA METZIA 68

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BAVA METZIA 68 - Ari Kornfeld has generously sponsored the Dafyomi publications for this Daf for the benefit of Klal Yisrael.

SUMMARY

Even in a place that the Minhag is that the borrower may repay the loan and take back the Mashkon at any time he may not take back the Mashkon within a year.
 
If a borrower sells the Mashkon to the lender the Din of Bar Metzra doesn't apply and the neighbors may not take the land from him.
 
R. Papa says it is permitted to sell merchandise on credit and to charge an inflated amount if the item is non-perishable and he is not in desperate need of the money, but only if he doesn't give the buyer an option to pay immediately at a discounted price. (1)
 
If someone gives his friend merchandise on condition that the profit will be divided between them it is forbidden to evaluate the future profit and write in the Shtar that his friend owes the principle plus half of the anticipated profit because maybe there won't be any profit. (2)
 
If a person is given a field as a Mashkon he may not subsequently lease the land back to the borrower because it is Ribis.
 
A person may not give a storekeeper merchandise or money to buy merchandise on condition that they will divide the profits between them unless he pays him for his effort. (3)
 
R. Meir says even if he is paid a small fee it is sufficient, R. Yehudah says even if he only eats wit him one fig it is sufficient while R. Shimon Bar Yochai holds he must be paid the amount that a person would take in return for being idle from his usual difficult work and work as a storekeeper instead. (4)
 
A person may not give eggs to an owner of a hen so that the hen will be placed on the eggs and he will raise the chicks on condition that they will divide the eggs, or calves and baby donkeys to his friend to raise and when they are grown they will split the animals between them unless he pays him for his work and for food for the hens or the animals. (5)
 
A person may not give goats and sheep to raise and the when they are grown they will split the animals between them if his friend is given the milk and wool as payment for his effort.
 
If his friend is not given the milk and the wool and he is only given the whey and the wool that comes off the wool that comes off the animal when it is washed the Tana Kama holds it is forbidden while R. Yosi Bar Yehudah holds it is permitted. (6)
 
A person may give calves and baby donkeys to his friend to raise until the calf grow to a third of its full size and the donkey is big enough to carry a load and divide the animals between them if the friend is not responsible if the animal dies.
 
A woman may rent a hen to her friend and the friend will place the hen on the eggs and raise the chicks and she will be given two chicks, since she is using a Lashon of rental it is permitted even though she is not being paid for her effort.
 
If a woman says to her friend the hen is mine and the eggs are yours let us split the chicks it is permitted according to R. Yehudah if she takes the eggs that do not produce chicks, while R. Shimon argues. (7)

A BIT MORE

1. Since he wasn't forced to sell the item immediately and he could have waited until the price went up it is not considered Ribis for him to overcharge in return for allowing the buyer time to pay for the item. However, the Halachah is not like R. Papa because even though the seller could afford to wait and sell it later on at the higher price, however the buyer needs it right now and if he would have the money he would not agree to pay an inflated price and therefore he is paying an inflated price he because in return for holding on to his money until a later date and therefore it is Ribis.
 
2. When merchandise is given on condition that the profit will be divided between them it is half loan and half Pikadon and if there is no profit and he pays the estimated profit anyway it is Ribis. Even if the lender will believe the borrower if he says that there is no profit and will not charge him for the anticipated profit, however maybe the lender will die and the children will not trust the person that he did not make a profit and will charge him for the anticipated profit and it will be Ribis.
 
3. The merchandise is given as half loan and half Pikadon and if the storekeeper is not paid he is making the effort to sell the half Pikadon for the lender in return for being given the other half as a loan and it is Ribis.
 
4. R. Meir holds he must be paid a fee however the fee may be a small amount, while R. Yehudah is more lenient and he holds that it is not necessary to pay him a fee at all and as long as he receives some benefit it is sufficient.
 
5. The person who raises the chicks or the animals receives half of the eggs or half of the animals, however he also is responsible for half of the loss if the chicks or animals die as it is half loan and half Pikadon and therefore unless he receives a fee for his services the effort that he is putting in for the half Pikadon is Ribis.
 
6. The Tana Kama holds like R. Shimon Bar Yochai that he must be paid the amount that a person would take in return for being idle from his usual difficult work and therefore the whey and wool and comes out when it is washed is not sufficient, while R. Yosi Bar Yehudah holds like his father that he only needs to receive a small benefit.
 
7. R. Yehudah holds that it is sufficient that he receives a small benefit, while R. Shimon holds that he must be paid a more significant amount.

BRIEF INSIGHT

LEASING A MASHKON
 
If a person is given a field as a Mashkon he may not subsequently lease the land back to the borrower. Rashi says that if he leases the and back to the borrower it is absolute Ribis. The Rashba explains that the reason it is Ribis d'Oraisa is that since he leased it back to the borrower it appears that this was the intention of the borrower at the time that that he took the loan and he is paying for the lease in return for the loan. [Nimukei Yosef]

QUICK HALACHAH

BAR METZRA
 
If someone gives a piece of land as a Mashkon and he subsequently sells it to the lender who is holding the Mashkon the neighbors do not have a right to take the land with the Din of Bar Metzra. However, if the borrower sells the land to another person even if he is not a neighbor the lender doesn't have the right to take the land from him. (Shulchan Aruch CM 175:57)

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