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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.
If someone borrows money from his friend and he received extra money if it is not an amount that could be attributed to a mistake on the part of the lender it is a gift and he may keep it.
Even if the lender is a tough person who doesn't usually give gifts he may keep the extra money because maybe it is stolen money that he is returning.
Even if the lender is a person who he had no previous dealing with the borrower he may keep the extra money because maybe someone else stole from him and requested that the lender slip him the extra money.
If someone steals money from his friend and slips him the money together with a sum of money that he owes him he is Yotzei the Mitzvah of Hashavas ha'Gezeilah.
If someone gives money for pumpkins and the market price is ten pumpkins of a half Amah for a Zuz and the seller agrees to give him ten pumpkins of an Amah for a Zuz if the seller has the pumpkins of that size in his possession it is permitted, but if not it is forbidden. (1)
According to the second Lashon Rava says that it is permitted even if the pumpkins have not yet grown to the size of an Amah since it will eventually grow to that size.
If someone says to his friend I am selling to you the milk that my goat will give or the wool that I will shear from my sheep, or the honeycombs that I will harvest from my beehives it is permitted. (2)
If he says that I am selling to you a specific amount of milk that my goat gives or a specific amount of wool that my sheep gives or a specific amount of honeycombs that I harvest is forbidden if he is charging less than its value since it is not in his possession right now. (3)
Abaye says it is permitted for a person to give money for a jug of wine on condition that if it turns into vinegar the seller takes the loss and if the value fluctuates the buyer is the one who gains or loses.
If someone lends money to his friend he may not live in his courtyard without paying rent and he may not rent from him at less than the market price because it is Ribis. (4)
R. Nachman says although if someone lives in his friend's courtyard without his knowledge he is Patur, however if he lent money to him he must pay rent.
According to the second Lashon R. Nachman says if someone lends money to his friend and he tells him you may live in my courtyard rent free it is Ribis, but if he didn't say anything at the time of the loan it is permitted.
If someone lives in the courtyard of his friend without his knowledge he is Patur from paying rent if the courtyard is not usually rented out by the owner. (5)
Rav says if someone grabs the servant of his friend and does Melachah with him he is Patur because the owner is pleased that his servant is not learning to be idle.
A BIT MORE
1. Even if he has the pumpkins in his possessions but they are still small and need time to grow to that size it is forbidden.
2. Even if the produce is worth more than the money that he is given it is permitted because he doesn't know how much milk or wool or honeycombs it will produce so it is also possible that the produce will be worth less than the money that was given.
3. Since he is giving the buyer a discount in return for prepaying it is Ribis and it is forbidden even if it is in his possession and it will just take some time to grow to the amount that he is selling. Even according to the second Lashon of Rava it is forbidden because the wool that will grow is not the same wool that is in his possession as if the wool is sheared right now the sheep will grow more wool, while with respect to pumpkins if it is picked right now it will not grow any further therefore the pumpkin that will grow is the same pumpkin that he has in his possession and it is permitted.
4. Even if the courtyard is not usually rented out which in such a case if he had not lent him money he would not have to pay rent for living in his courtyard even so if he lent him money he may not live there without paying rent.
5. Even if the person who is living there is someone who normally pays to rent a place to live he is Patur since his benefit is not costing his friend anything.
A PUBLIC FAVOR
R. Nachman says although if someone lives in his friend's courtyard without his knowledge he is Patur, however if he lent money to him he must pay rent. Even if the courtyard is not usually rented out he may not live there without paying rent. If it is forbidden for the borrower to do any favor at all for the lender even something that he would have done for him even if he never lent him money? Tosfos explains that it is permitted for the borrower to lend the lender items that he would have lent him even if he had not borrowed money from him and the reason why the lender may not live in his courtyard or grab his servant is because it is something that can't be done privately and since people will know about it is forbidden. The Maharshal says that the borrower may not honor the lender with a Mitzvah by calling him to the Torah or buying Gelilah for him even if he would have done it even without the loan because it is done publicly and it is similar to living in a courtyard or grabbing a servant.
PAYING FOR RENT
If someone lends money to his friend he may not do Melachah with his servant and he may not live in his courtyard without paying rent and he may not rent from him at less than the market price even if the courtyard is not normally rented out and the lender doesn't normally pay for rent. If he did live there he is not obligated to pay rent even b'Yedei Shamayim even if he is a person who normally pays for rent. The Rambam holds however that even if he is a person who doesn't normally pay for rent it is Avak Ribis and he must pay to be Yotzei Dinei Shamayim. If the courtyard is normally rented out everyone agrees it is Avak Ribis and he must pay for the rent. (Shulchan Aruch YD 166:1)
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