BAVA METZIA 71 (6 Kislev) - Dedicated in honor of the Yahrzeit of Eliezer ben Reb Shraga Feivel Marmorstein, by his nephew, Mr. David Kornfeld, who Mr. Marmorstein raised like his own child after the Holocaust.
 

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BAVA METZIA 71-72 - Dedicated by Andy & Nancy Neff of Teaneck, N.J. in honor of those who learn the Dafyomi around the world.

1)ONE WHO LENDS ON RIBIS

(a)Answer #2 (Ravina): The Mishnah permits only a Chacham;

1.Rav Nachman forbids lending to a Nochri on Ribis lest one learn from his deeds. A Chacham would not learn from his deeds.

(b)Version #2 (Rav Yosef - Beraisa): "(If you will lend) Ami Es he'Ani Imach" - if My people and a Nochri request a loan, My people come first;

1.An Oni comes before a rich person. Poor people of your family come before those of your city. Poor people of your city come before those of another city.

(c)Question: Why must the Beraisa teach that My people come before a Nochri? This is obvious!

(d)Answer (Rav Nachman): It teaches about even if the Nochri will pay Ribis.

(e)(Beraisa - R. Yosi): See how foolish are those who lend on Ribis!

1.If Reuven calls Shimon 'evil', Shimon will fight him as if he came to kill him. One who lends on Ribis brings witnesses and a scribe to write (a document that proves that) he denies Hash-m!

(f)(Beraisa - R. Shimon ben Elazar): "(One who did not lend on Ribis or take bribes) Lo Yimot l'Olam." This implies that if one lends on Ribis, his property will falter.

1.Question: We see people who do not lend on Ribis and falter!

2.Answer: They falter and recover. People who lend on Ribis falter and never recover.

(g)(Rav Huna): "B'Vala Rasha Tzadik Mimenu" - a Rasha can destroy someone more righteous than himself, but he cannot destroy a perfect Tzadik.

(h)(Beraisa - Rebbi): I do not understand the Ger Tzedek written regarding sale (of a Yisrael slave) and the Ger Toshav written regarding Ribis (this will be explained).

1.Regarding a sale it says "(when your brother will be sold) Lach"; and not (only) to you (a native Yisrael), rather (even) "l'Ger"

2.He will be sold not (only) to a Ger Tzedek, rather (even) to a Ger Toshav, for it says "Toshav";

3."Mishpachas Ger" is a Nochri. "L'Eker" is one sold to service an idol.

(i)Inference: We learn from "l'Ger" that a convert can acquire a Yisrael slave.

(j)Contradiction (Beraisa): A convert cannot be acquired to be a Yisrael slave, nor can a woman or convert acquire a Yisrael slave.(This was Rebbi's difficulty.)

1.He cannot be acquired, for we cannot fulfill "v'Shav El Mishpachto";

2.A woman cannot acquire a Yisrael slave, for it would be improper;

3.A convert cannot acquire, for a tradition from Moshe from Sinai teaches that whoever cannot be acquired for a Yisrael slave cannot acquire a Yisrael slave.

(k)(Rav Nachman bar Yitzchak): A convert cannot acquire a Yisrael slave like a Yisrael acquires, but he can acquire like a Nochri acquires.

1.(Beraisa): A Nirtza (one whose ear was bored through because he wanted to remain a slave after his six years expired) or one who was sold to a Nochri, if his master dies he does not serve the master's son or daughter.

(l)Suggestion: The Beraisa says that a woman or convert cannot acquire a Yisrael slave. This is unlike R. Shimon ben Gamliel.

1.(Beraisa): A woman may acquire female slaves, but not male slaves;

2.R. Shimon ben Gamliel says, she may even acquire male slaves.

(m)Rejection: No, it is even like R. Shimon. He permits her to acquire only male Kena'ani slaves, for she would not sin with them (lest word spread);

1.She cannot acquire male Yisrael slaves, who are proper. She could sin with them without fear lest word spread.

(n)Question (Rav Yosef's Beraisa): A widow may not raise a dog nor host a Talmid;

1.We understand why we are concerned for a Talmid, he is proper;

2.We should not be concerned for a dog. She fear to sin with it, lest it follow her around (revealing the matter)!

(o)Answer: People would attribute this to the fact that she is always feeding it meat.

2)RIBIS FROM NOCHRIM

(a)It says regarding Ribis: "Ger v'Soshav... do not take Ribis from him."

(b)Question (Mishnah): We may borrow from or lend to a Nochri or Ger Toshav on Ribis. .(This was Rebbi's difficulty.)

(c)Answer (Rav Nachman bar Yitzchak): It does not say 'do not take from them (everyone in the Parshah)', rather "me'Ito" (from your brother (a Yisrael) mentioned earlier).

(d)(Beraisa): "Al Tikach me'Ito", but you may be an Arev (guarantor) for him.

71b----------------------------------------71b

(e)Question: For which lender may he be an Arev?

1.Suggestion: The lender is a Yisrael.

2.Rejection: A Mishnah teaches that the lender, borrower, Arev and witnesses transgress an Aseh!

(f)Answer: Rather, the lender is a Nochri.

(g)Question: According to Nochri law, the lender may demand payment from the Arev (for the lender gives the money to the Arev, who then lends the borrower). In effect, the Arev lends to the borrower (a Yisrael) on Ribis!

(h)Answer (Rav Sheshes): The case is, the Nochri agreed to abide by Torah law.

(i)Question: If so, he should not take Ribis!

(j)Answer (Rav Sheshes): He accepted Torah law regarding whom he claims from, but not regarding Ribis.

3)LENDING A NOCHRI'S MONEY

(a)(Mishnah): We may lend a Nochri's money according to his will, but not according to the Yisrael's.

(b)(Beraisa): We may lend a Nochri's money according to his will, but not according to the Yisrael's. E.g. if Reuven borrowed from a Nochri (Tony) on Ribis, and wanted to return the money, and Shimon found him and said 'give to me the money, and I will pay you (later, with additional Ribis) like you must pay to Tony', this is forbidden;

1.If Tony was there and he authorized Reuven to give to Shimon, this is permitted.

(c)Similarly, if Tony borrowed from Levi on Ribis, and wanted to return the money, and Shimon found him and said 'give to me the money, and I will pay you like you must pay to Levi', this is permitted;

1.If Levi was there and he authorized Tony to give to Shimon, this is forbidden.

(d)Question: (Mid'Oraisa, a Yisrael cannot make a Nochri his Shali'ach or be a Nochri's Shali'ach.) We understand the Seifa. When Levi is there, we are stringent (mid'Rabanan, we consider Tony to be the Shali'ach of Levi, therefore it is forbidden);

1.But in the Reisha, why is it permitted in front of Tony?

2.Reuven is not Tony's Shali'ach. Reuven himself lends to Shimon!

(e)Answer #1 (Rav Huna bar Mano'ach): The case is, Tony told Reuven 'leave the money on the rock and you are exempt' (and Shimon picked them up from the rock).

(f)Objection: If so, obviously this is permitted!

(g)Answer #2 (Rav Papa): The case is, Reuven returned the money to Tony, who gave it to Shimon.

1.Objection: If so, obviously this is permitted!

2.Answer: One might have thought that Tony acts on Reuven's behalf when he gives to Shimon (and mid'Rabanan, we consider Tony to be his Shali'ach and this is forbidden). The Mishnah teaches that this is not so.

(h)Version #1 - Answer #3 (Rav Ashi): (Really, Reuven was Tony's Shali'ach to give the money to Shimon.) We say that a Nochri cannot be (or make) a Shali'ach only for Terumah, but for other matters, he can!

(i)Rejection: That is wrong!

1.A Nochri cannot be a Shali'ach regarding Terumah, for we learn from "Gam Atem" - just like you are bound by the covenant (of circumcision, i.e. Yisrael or a slave), also your Sheluchim must be;

2.We learn from Terumah that Sheluchim work in general!

(j)Version #2 - Answer #3 (Rav Ashi): (Really, Reuven was Tony's Shali'ach to give the money to Shimon.) We say only that a Nochri cannot be a Shali'ach for a Yisrael, but a Yisrael can be a Shali'ach for a Nochri!

(k)Rejection: That is wrong!

1.We learn that a Nochri cannot be a Shali'ach for a Yisrael from "Gam Atem" - just like you are bound by the covenant, also your Sheluchim must be;

2.This is our source that Sheluchim work. We learn that only Atem (Yisrael) can have Sheluchim!

(l)Answer #4 (Ravina): (Really, Reuven gave the money to Shimon.) Granted, a Nochri cannot have a Shali'ach, but (mid'Rabanan - some delete this from the text), he has Zechiyah (a Yisrael can acquire something for him. Shimon acquires the money for Tony, and he borrows it back from Tony.)

1.This is like we find regarding minors. Even though a minor cannot have a Shali'ach, he has Zechiyah (mid'Rabanan - some delete this). The same applies to Nochrim!

(m)Rejection: No. A minor (Yisrael) can be a Shali'ach when he matures, so he has Zechiyah even when he is a minor. A Nochri can never be a Shali'ach, so he does not have Zechiyah.

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