1)BENEFIT FROM THE BORROWER (cont.)
(a)Rava: Since you take slaves of people who owe you, this looks like Ribis!
1.(Rav Yosef bar Minyomi): If Levi lived in Yehudah's field without Yehudah's knowledge, he is exempt, but if Yehudah owes him money, Levi must pay rent.
(b)Rav Yosef bar Chama: I retract.
2)HOW WE RETURN RIBIS
(a)(Abaye): If Reuven owed Ribis to Shimon, and wheat was selling for four measures for a Zuz, and Reuven paid the debt with wheat, and gave five measures per Zuz, when we make Shimon return the Ribis (like R. Elazar holds), he need return only four measures per Zuz. The extra measure was just because Reuven sells cheaply.
(b)(Rava): He must return all five measures, because he received it for Ribis.
(c)(Abaye): If Reuven owed four Zuzim of Ribis to Shimon, and he paid him by giving him a garment, Shimon need return only four Zuzim, for Reuven sold the garment to him for four Zuz.
(d)(Rava): He must return the garment, lest people say that he wears clothing of Ribis.
(e)(Rava): If Reuven owed 12 Zuzim of Ribis to Shimon, and he paid him by renting his yard to him for the 12 Zuz, even though his yard is normally rented for 10, we make Shimon return 12 Zuz.
(f)Question (Rav Acha mi'Difti): Shimon can say 'I agreed to accept it as 12 only because it came for nothing. If I must pay, I will pay only like everyone else pays!'
(g)Answer (Ravina): Reuven can say 'you accepted the yard for 12.'
3)A HIGHER PRICE FOR PAYING LATER
(a)(Mishnah): One may charge more rental if the renter pays later, but one may not charge more in a sale if the buyer pays later.
1.Reuven may set the rental for his yard to be 10 Sela'im for the year if paid up front, or one Sela per month;
2.One may not set the price for his field to be 1000 up front, or 1200 if paid after the harvest (when the buyer will have money).
(b)(Gemara) Question: What is the difference between rental and a sale?
(c)Answer (Rabah and Rav Yosef): Rental is owed only at the end of the term. The real rental is one per month, just Reuven gives a discount for paying early. In a purchase, the buyer owes the money immediately (the real price is 1000). Reuven charges extra for delaying payment.
(d)(Rava): We learn that rental is owed only at the end of the term from "ki'Schir Shanah b'Shanah." Rental for this year is paid in another (i.e. the beginning of the next) year.
(e)(Mishnah): ...Or 1200 if paid after the harvest, this is forbidden.
(f)(Rav Nachman): Tarsha (to sell something for more than its value on condition to receive the money later) is permitted.
(g)Question (Rami bar Chama - Mishnah): ... or 1200 if paid after the harvest, it is forbidden.
(h)Answer (Rav Nachman): That is forbidden because he offered a lower price for paying immediately.
(i)(Rav Papa): The Tarsha I do is permitted. (I sell beer in Tishrei, when it is cheap, and get paid in Nisan, according to the expensive price of Nisan.)
(j)Question: What is the reason?
(k)Answer (Rav Papa): My beer does not spoil (I could wait until Nisan to sell it), and I do not need the money now. I do a favor to the buyer, to let him drink it early!
(l)Objection (Rav Sheshes brei d'Rav Idi): Why do you view it from your perspective? From the buyer's perspective, he is paying more because he lacks money now!
(m)(Rav Chama): The Tarsha I do is surely permitted. (I sell goods where they are cheap, according to the expensive price where the buyers take them to sell. I suffer any losses on the way. Essentially, they buy them only there.).
(n)Question: What is the reason?
(o)Answer (Rav Chama): The buyers profit from having the merchandise in my name. (Because I am a Chacham) they are exempt from taxes, and no one is allowed to sell before them.
(p)The Halachah follows Rav Chama, R. Elazar (that fixed Ribis must be returned), and R. Yanai (returning money is like returning Peros).
(a)(Mishnah): If Reuven paid part of the money for Shimon's field, who told him that when he pays the rest, he can have the field, this is forbidden;
(b)Levi may lend Yehudah on condition that if the loan is not paid within three years, Levi will keep Yehudah's field;
1.Chachamim sanctioned Baisus ben Zunin to do so.
(c)(Gemara) Question: Who eats the Peros until the buyer pays the rest?
(d)Answer #1 (Rav Huna): The seller eats them.
(e)Answer #2 (Rav Anan): The Peros are stored with a third party.
(f)They do not argue. If Shimon said 'when you pay the rest, you will acquire it', Shimon eats the Peros. If he said 'when you pay the rest, the field is yours from now', the Peros are left with a third party.
(g)(Rav Safra): Sometimes both are allowed to eat the Peros, sometimes neither may eat them, sometimes only the seller may, and sometimes only the buyer may.
(h)(Rava): Both are allowed if he said 'acquire according to what you pay.' Neither is allowed if he said 'when you pay the rest, the field is yours from now.' Only the seller is allowed if he said 'when you pay the rest, the field will be yours.' Only the buyer is allowed, if he said 'acquire now, and the rest of the money is a loan.'
(i)Question: Who is the Tana that says forbids both?
(j)(Rav Huna brei d'Rav Yehoshua): It is not R. Yehudah, he permits Tzad Echad b'Ribis.
5)TZAD ECHAD B'RIBIS
(a)If Reuven took Shimon's house or field as collateral for a loan, and said 'when you want to sell it, sell it only to me for (the loan and) this amount (the total was still less than its value)', this is forbidden. If he says 'sell it to me for its value', this is permitted.
(b)Question: Who is the Tana that forbids 'for this amount'?
(c)Answer (Rav Huna brei d'Rav Yehoshua): It is not R. Yehudah, who permits Tzad Echad b'Ribis.
(d)If Reuven sold his house or field to Shimon, and said 'when I get the money, return it to me', this is forbidden (this shows it was a loan, and Shimon enjoyed free rental for Ribis);
1.If Shimon said 'when you get the money, I will return it to you', this is permitted.
(e)Question: Who is the Tana that forbids for the amount of the loan?
(f)Answer (Rav Huna brei d'Rav Yehoshua): It is not R. Yehudah, who permits Tzad Echad b'Ribis.
(g)Question: What is the difference between the cases?
(h)Answer (Rava): In the latter case, Shimon said 'if I want, I will return it.' Therefore, it is a sale.