BAVA METZIA 64 (6 Tamuz) - In loving memory of David Mizrahi (David ben Adele), whose warmth and kindness made him loved by all. Your memory is with us always. By his brother in law, Michael M. Missry.


(a)Question (Rav Acha brei d'Rava): If Shimon never gives gifts, what is the law?

(b)Answer (Rav Ashi): We assume that he stole from Reuven, and wants to return the money.

1.(Beraisa): If one stole money and returned it by giving too much money in a subsequent transaction with the victim, he fulfilled returning it.

(c)Question (Rav Acha brei d'Rava): If Shimon came from abroad and had no previous dealings with Reuven, what is the law?

(d)Answer (Rav Ashi): We assume that someone else stole from Reuven, and asked Shimon to return the money in this way.


(a)Question (Rav Kahana): I heard Rav saying 'Kari, Kari.' What was he saying?

(b)Answer (Rabanan): If Reuven gave a gardener (Shimon) money for Kari (gourds) the size of a pinky, and Shimon stipulated to give (later) gourds the size of the middle finger, this is permitted only if Shimon has gourds now.

(c)Objection: This is obvious!

(d)Answer: One might have thought that since they grow by themselves, this is permitted even if he has none now. Rav teaches that this is not so.

(e)This is like the following Tana.

1.(Beraisa): If Reuven was going to milk his goats, shear his sheep or take the honey from his hive, and he sold to Shimon 'whatever I will milk, shear or extract', this is permitted;

2.If he stipulated how much this will be, it is forbidden.

i.Even though they will produce more milk, wool or honey by themselves, it is forbidden, since it is not there now.

(f)(Rava): A gardener may stipulate to give (later) bigger gourds even if he has no gourds now, since they grow by themselves.

(g)Question: The Beraisa forbids this!

(h)Answer: There, the milk (or wool or honey) does not grow out of the milk that is here now (rather, from the seller's goat, so it is like Ribis);

1.Here, the buyer buys small gourds now. His own gourds grow bigger. A proof of this is that when the gourds are uprooted, nothing grows by itself in their place.

(i)(Abaye): Reuven may pay Shimon for a barrel of wine, on condition that if it spoils, Shimon suffers the loss, and if the price changes, Reuven gains or loses.

(j)Question (Rav Sharbiya): Reuven is closer to gain than to lose! (This is forbidden due to Ribis.)


(k)Answer (Abaye): Since he accepted the loss if the price declines, he is prone to gain or lose, so it is permitted.


(a)(Mishnah): If Reuven lent money to Shimon, he may not dwell in Shimon's yard for free, nor rent from Shimon for less than the norm, for this is Ribis.

(b)Version #1 (Gemara - Rav Yosef bar Minyomi): Even though one who lives in Ploni's yard without Ploni's knowledge need not pay him, if he lent Ploni money, he must pay him.

(c)Question: Our Mishnah teaches this!

(d)Answer: One might have thought that this applies only to a yard normally rented out and a man who normally rents a place to stay, but if the yard is not normally rented out and the man does not normally rent a place to stay, it is permitted. Rav Yosef teaches that this is not so.

(e)Version #2 (Rav Yosef bar Minyomi): Even though if Reuven lives in Ploni's yard without Ploni's knowledge, Reuven need not pay him, if Ploni told him 'lend to me money and live in my yard', Reuven must pay him.

1.Version #1 forbids living for free even if Ploni did not suggest the deal, and all the more so, if Ploni suggested it!

2.Version #2 forbids living for free only if Ploni suggested the deal. If not, it is permitted.

3.Question: What is the reason?

4.Answer: Since Ploni never suggested it, Reuven did not lend in order to live in his yard.

(f)People of Rav Yosef bar Chama's household would take slaves (of people who owed to them money) and work with them.

1.Rava (his son): Why do you do this?

2.Rav Yosef: Rav Nachman taught that a slave is not worth the food he eats. (I feed them when I use them. I benefit the owners!)

3.Rava: Rav Nachman said that only about his own slave Dari, who dances in bars to get drinks. Normal slaves work!

4.Rav Yosef: I hold like Rav Daniel citing Rav, who said that if Reuven grabbed Shimon's slave and used the slave, he is exempt;

i.Inference: Shimon is happy that people use his slaves!