[65a - 54 lines; 65b - 42 lines]

1)[line 1]דלא נסתרי עבדיהD'LO NISTEREI AVDEI- (a) that his servants do not become inactive and lazy (RASHI); (b) that his servants do not become weak (TOSFOS)

2)[line 7]הדרי ביHADRI VI- I hereby retract [my actions] (and resolve not to do this in the future)

3)[line 8]האי מאן דמסיק זוזי דריביתא בחבריהHAI MAN D'MASIK ZUZEI D'RIBISA B'CHAVREI- this person who was owed money of Ribis by his fellow man

4)[line 9]גריויGERIVEI- a Geriva is a measure of volume equal to a Se'ah (1 Se'ah = approximately 7.2, 8.29 or 14.4 liters, depending upon the differing Halachic opinions)

5)[line 10]כי מפקינן מיניה, ארבעה מפקינן מיניהKI MAFKINAN MINEI, ARBA'AH MAFKINAN MINEI- when we take it away (the Ribis payment) from him (and give it back to the borrower), we take four (of the five measures of wheat that the borrower gave as Ribis) from him

6)[line 15]גלימאGELIMA- a cloak

7)[line 21]ואגר ליהAGAR LEI- he leased to him

8)[line 22]כי מפקינן מיניה, תריסר מפקינן מיניהKI MAFKINAN MINEI, TREISAR MAFKINAN MINEI- when we take it away (the Ribis payment) from him (and give it back to the borrower), we take twelve from him. (The borrower owed twelve Zuz as Ribis to a lender. As payment, he leased a house to the lender, letting the lender use it rent-free as payment for the twelve Zuz. The market value of the rental was ten Zuz, but the lender agreed to use the house in place of the twelve Zuz that the borrower owed.)

9)[line 25]קא משתרשי ליKA MISHTARSHEI LI- I was profiting from it

10)[line 34]באלף זוז / בשנים עשר מנהB'ELEF ZUZ / SHNEIM ASAR MANEH- a seller of a field stipulated that if the buyer pays him right away, then the cost is only 1000 Zuz (10 Maneh, as there are 100 Zuz in 1 Maneh), but if he pays later, the cost is 12 Maneh (1,200 Zuz).

11)[line 36]שכירות אינה משתלמת אלא בסוףSECHIRUS EINAH MISHTALEMES ELA VA'SOF

Rent is not due until the end of the term of rental. Since the owner of the property is not entitled to payment immediately, but only at the end of the term, offering a discount for early payment poses no problem of Ribis. The owner is merely giving the renter a discount for early payment, and is not charging him more for paying later.

12)[line 47]טרשאTARSHA- (lit. silent, deaf) a sale in which a certain price is to be paid for the merchandise on a certain date. Even though this price is higher than the price would be if the buyer were to pay right away, this transaction is permitted because no mention is made of the lower price, and no mention is made of the fact that the price is higher because the payment is occurring on a later date (hence, it is a "silent" form of interest) (RASHI).

13)[line 49]קץ ליהKATZ LEI- he specified a price for him [if he pays earlier, thereby showing that the higher price for later payment is Ribis]

14)[line 50]אנא הוא דקא עבידנא מילתא גבי לוקחANA HU D'KA AVIDNA MILSA GABEI LOKE'ACH- it is I who is doing a favor for the buyer [by selling my beer to him now, before the price for beer rises]

15)[line 53]אמר רב חמא "טרשא דידי ודאי שרי"AMAR RAV CHAMA, "TARSHA DIDI VADAI SHARI"- Rav Chama said, "My form of Tarsha-sale is certainly permitted." As Rashi explains, Rav Chama would "sell" his merchandise to retailers on credit for the market price in a distant place where the price was higher than it was in this place. The retailers would take the merchandise to that distant place, sell it for the higher price, and then use the money for additional business ventures. They would then return the money they received from the sale of Rav Chama's merchandise to Rav Chama. The fact that the retailers borrowed merchandise which was worth less (i.e. the market price in this place) than the amount which they returned to Rav Chama (i.e. the market price in the distant place) was not Ribis, because Rav Chama retained full responsibility for the merchandise until it reached the distant place. Hence, he did not sell it to the retailers now, but rather the retailers were working as his agents in selling his merchandise. They did not become his debtors when they took the merchandise from him on credit; rather, only at the moment that they sold the merchandise in the distant place did they become borrowers of the money. Hence, they returned the same amount of money that they borrowed. Nevertheless, a Ribis-related issue must still be resolved; namely, that the retailers were doing a favor for Rav Chama (by bringing his merchandise to the distant place and selling it for him), for which he did not pay them a fee. (See the next two entries.)

16)[last line]שבקי להו מכסאSHAVKEI LEHU MICHSA- the tax-collector leaves them alone. Since it was known that they were selling the merchandise of Rav Chama, a Talmid Chacham, the tax-collectors did not require them to pay tax (and it was in return for this benefit that they did the favor for Rav Chama, and not in return for the loan that he granted them). The Gemara in Bava Basra (22a) says that certain benefits are granted to Talmidei Chachamim selling their merchandise in order to create favorable market conditions for them. One of these benefits is that the Talmid Chacham does not have to pay tax.

17)[last line]ונקוט להו שוקאV'NAKOT LEHU SHUKA- they hold the market for them. Since it was known that they were selling the merchandise of Rav Chama, a Talmid Chacham, a proclamation was issued stating that no one may market their merchandise until after the merchandise of Rav Chama was sold (and it was in return for this benefit that they did the favor for Rav Chama, and not in return for the loan that he granted them). The Gemara in Bava Basra (22a) says that certain benefits are granted to Talmidei Chachamim selling their merchandise in order to create favorable market conditions for them. One of these benefits is that no one else is allowed to market his merchandise until after the Talmid Chacham sells his.

65b----------------------------------------65b

18)[line 5]הלוהו על שדהוHILVAHU AL SADEHU- he lent to him money on collateral of his (the borrower's) field

19)[line 10]משלשין את הפירותMESHALSHIN ES HA'PEIROS- the produce is deposited in the hands of a third party [until the ownership of the field is determined]

20)[line 16]עני רבא בתריהANI RAVA BASREI- Rava answered after him (and explained his statement)

21)[line 39]ההוא גברא דזבין ליה ארעא לחבריה שלא באחריותHA'HU GAVRA D'ZAVIN LEI AR'A L'CHAVREI SHE'LO B'ACHRAYUS - a certain man sold land to another person without Achrayus (ACHRAYUS)

(a)"Achrayus" (lit. "responsibility") is a way of insuring the purchase of land or the repayment of a debt. A person who sells a field to someone else can guarantee the field by obligating himself in Achrayus. If it is determined afterwards that the seller did not have the right to sell the land (for example, if there was a lien on the property and it was claimed by a creditor as repayment for a loan), the assets of the seller are made available to the buyer to collect the value of the property that was removed from his possession. If the field was purchased without Achrayus, the buyer has no legal claim against the seller, and he is not compensated at all for his loss (Bava Basra 44b).

(b)There is an argument among the Tana'im as to whether a seller automatically accepts upon himself Achrayus whenever he sells a property or obligates himself to pay someone (e.g. by writing a document of debt or a Kesuvah) with a Shtar (a legal document), even if it did not state in the Shtar that he accepts upon himself Achrayus for the sale. Rebbi Yehudah states that "Achrayus Ta'us Sofer"; the sale or debt does have Achrayus and the scribe simply forgot to include it in the Shtar. Rebbi Meir rules that we follow the plain reading of the Shtar, and therefore there is no Achrayus (Bava Metzia 13b).

(c)The Gemara (ibid. 15b) concludes that even if Achrayus was not written in the Shtar, the seller is obligated in Achrayus unless he made an explicit condition to be absolved of Achrayus. In the case of our Gemara, the seller indeed made an explicit condition to be absolved of Achrayus (RASHI).

22)[line 41]אי טרפו לה מינךIY TARFU LAH MINACH- if they (my creditors) expropriate it (the land) from you

23)[line 41]מגבינא לך שופרא שבחא ופיריMAGVINA LACH SHUFRA, SHIVCHA U'FEIREI- I will reimburse you - with the best of my land - [even] for the value of the improvement to the land that you caused and for the value of the produce [that my creditors might take away from you]

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