1)BORROWING WHAT ONE HAS

(a)(Mishnah): One may not say 'lend to me a Kor of wheat on condition that I will return a Kor after the harvest';

(b)He may ask for a loan until his son comes or he finds the key (to get to wheat he has now);

(c)Hillel forbids this.

(d)Similarly, Hillel forbids a woman to lend a loaf to her neighbor until she sets a price for it, lest wheat rise in price and she will give (back a loaf worth more, which is) Ribis.

(e)(Gemara - Rav Huna): When the borrower has wheat, he may borrow the quantity he has.

(f)(R. Yitzchak): If one has a Se'ah, he may borrow many Korim (a Kor is 30 Sa'im.)

(g)Support (for R. Yitzchak - R. Chiya - Beraisa): (One may not lend wine (or oil)) when he does not have even a drop of wine (or oil);

1.Inference: If he has, he may borrow many drops.

(h)(Mishnah): Hillel forbids this.

(i)(Rav Nachman): The Halachah follows Hillel.

(j)The Halachah does not follow Hillel.

(k)(Mishnah): Similarly, Hillel forbids a woman to lend...

(l)(Rav Yehudah): Chachamim argue. They permit lending without fixing a price.

(m)(Rav Yehudah): If a group of people lend to each other and are insistent to get back no less than they gave, they transgress (on Shabbos and Yom Tov) measuring, weighing and counting, lending and repaying on Yom Tov, and according to Hillel, also Ribis.

2)PERMISSION FOR RIBIS

(a)(Rav Yehudah): When Chachamim lend to each other, the borrower may return a little more than he borrowed.

(b)Question: What is the reason?

(c)Answer: They know that Ribis is forbidden. The excess is a gift (that he would have given even without the loan. Ramban - this applies to needs of a meal. Chachamim are not insistent to get back what they gave.)

(d)Version #1 (Rashi) Shmuel (to Avuha bar Ihi): Lend to me 100 peppers. I will return an extra 20. This is permitted, for it is only a gift.

(e)Version #2 (Ramban) Shmuel (to Avuha bar Ihi): Lend to me 100 peppers. I will not be careful to return only 100, I may add an extra 20. This is permitted.

(f)Version #3 (Gra YD 160:39) Shmuel (to Avuha bar Ihi): Lend to me 100 peppers. Even if I will return an extra 20, this is permitted.

(g)(Rav Yehudah): One may lend to people of his household on Ribis, to teach them how severe its consequences are.

(h)Rejection: This is forbidden, lest they come to desire to receive Ribis.

3)OTHER KINDS OF RIBIS

(a)(Mishnah): Reuven may say to Shimon 'weed or dig with me today, and I will do so with you tomorrow';

(b)He may not say 'weed with me today, and I will dig with you (Rashi - at a later date)' or vice-versa.

75b----------------------------------------75b

(c)All the days (of summer) when the ground is dry are the same. (We are not concerned lest one day be longer or harder to work on than the other.) All the days of the Revi'a (expected days for rainfall) are the same.

(d)He may not say 'plow with me today (in summer), and I will plow with you in the Revi'a' (for then it is harder).

(e)R. Gamliel says, there is pre-loan Ribis and post-loan Ribis;

1.If Reuven wanted to borrow from Shimon, he may not give him a gift 'in order that you will lend to me.' This is pre-loan Ribis.

2.If Reuven borrowed from Shimon and returned the money, he may not give him a gift 'due to the money you lent to me.' This is post-loan Ribis.

(f)R. Shimon says, there is Ribis of words. The borrower may not inform the lender of Ploni's coming.

4)THE TRANSGRESSIONS

(a)(Continuation of Mishnah): The following transgress a Lav: the lender, the borrower, the Arev (guarantor) and the witnesses;

(b)Chachamim say, even the scribe transgresses.

(c)They transgress "Lo Siten", "Al Tikach me'Ito", "Lo Sihyeh Lo ke'Nosheh", "Lo Sesimun Alav Neshech" and "v'Lifnei Iver Lo Siten Michshol."

(d)(Gemara - Beraisa - R. Shimon): If Reuven owes Shimon, and he normally did not greet him with Shalom, it is forbidden for him to do so. "Neshech Kol Davar" forbids even words.

(e)(Mishnah): These transgress...

(f)(Abaye): The lender transgresses all of them. The borrower transgresses "Lo Sashich l'Achicha", "ul'Achicha Lo Sashich" and "Lifnei Iver." The Arev and witnesses transgress only "Lo Sesimun."

(g)(Beraisa - R. Shimon): Those who lend on Ribis lose more than they gain;

1.Further, they deny the Chachmah of Moshe and the truth of his Torah, as if he only forbade Ribis because he did not recognize its benefit.

(h)(Rav Dimi): If Reuven cannot pay his debt to Shimon, Shimon may not pass in front of him - "Lo Sihyeh Lo k'Nosheh."

(i)(R. Ami and R. Asi): It is like giving Reuven two punishments - "va'Esh uva'Mayim."

(j)(Rav Yehudah): Anyone who lends money without witnesses transgresses "Lifnei Iver."

(k)(Reish Lakish): He brings a curse upon himself - "Te'alamnah (will become mute) Sifsei Shaker ha'Doveros Al Tzadik" (the borrower will deny, and people will suspect that he falsely claims from him).

(l)Rabanan told Rav Ashi that Ravina fulfills everything Chachamim say. To test him, Rav Ashi sent a message on Erev Shabbos asking to borrow ten gold pieces, in order to buy a piece of land.

1.Ravina: You must send witnesses, we will write a document.

2.Rav Ashi: Do you suspect even me?!

3.Ravina: All the more so, I suspect someone like you. You are always learning. You might forget the loan. I would cause a curse to myself!

(m)(Beraisa): Three people cry and are not answered: one who lends money without witnesses, one who acquires a master for himself, and one whose wife rules over him.

(n)Question: What is the case of one who acquires a master for himself?

(o)Answer #1: He denies his wealth by saying that it belongs to a Nochri.

(p)Answer #2: He writes his property to his children in his lifetime.

(q)Answer #3: It is bad in his city for him, and yet he remains there.

PEREK HA'SOCHER ES HA'UMENIM

5)WORKERS WHO WERE DECEIVED

(a)(Mishnah): If Reuven hired workers and they tricked each other, they have only complaints against each other;

(b)If Reuven hired a donkey-driver or wagon-driver to bring wood (for a canopy) or flutes for a wedding or funeral, or workers to take his flax from the water it was soaking in, or anything that entails a loss (if not done immediately), and they retracted:

1.If there are no other workers there (to do the job for the proper wage), he hires others for more (and those who retracted must pay the excess), or tricks the retractors into working.

(c)If Reuven hired workers and they retracted, they have the lower hand. If Reuven retracts, he has the lower hand.

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