Babylonian Talmud: Tractate Baba Mezi'a

Baba Mezi'a 75a

'Lend me a kor of wheat,' and stipulate a monetary return:¹  if it depreciates, he returns wheat; if it advances, he repays its value [as at the time of borrowing]. But did he not stipulate?²  — R. Shesheth answered: It is thus meant: if no stipulation is made, and it depreciates, he takes wheat; if it advances, he repays its [original] value.

MISHNAH. A MAN MAY NOT SAY TO HIS NEIGHBOUR, 'LEND ME A KOR OF WHEAT AND I WILL REPAY YOU AT HARVEST TIME;'³  BUT HE MAY SAY, 'LEND ME UNTIL MY SON COMES, OR UNTIL I FIND THE KEY.'⁴  HILLEL, HOWEVER, FORBADE [EVEN THIS.] AND THUS HILLEL USED TO SAY: A WOMAN MUST NOT LEND A LOAF TO HER NEIGHBOUR WITHOUT FIRST VALUING IT, LEST WHEAT ADVANCES AND THUS THEY [THE LENDER AND BORROWER] COME TO [TRANSGRESS THE PROHIBITION OF] USURY.

GEMARA. R. Huna said: If he possesses a se'ah, he may borrow a se'ah; two se'ahs, he may borrow two se'ahs.⁵  R. Isaac said: Even if he has only a se'ah, he may borrow many kors against it.⁶

R. Hiyya taught the following, which is in support of R. Isaac: [One may not borrow wine or oil for the same quantity to be returned, because] he has not a drop of wine or oil.⁷  Surely then, if he has, he may borrow a large quantity against it.⁸

HILLEL, HOWEVER, FORBADE [EVEN THIS]. R. Nahman said in Samuel's name: The halachah agrees with Hillel's ruling. The law is nevertheless not in accordance with him.⁹

AND THUS HILLEL USED TO SAY, A WOMAN MUST NOT LEND, etc. Rab Judah said in Samuel's name: This is Hillel's view, but the Sages maintain, One may borrow and repay unconditionally.

Rab Judah also said in Samuel's name: The members of a company who are particular with each other¹⁰  transgress [the prohibition of] measure, weight, number, borrowing and repaying on the Festival,¹¹  and, according to Hillel, usury too.¹²

Rab Judah also said in Samuel's name: Scholars may borrow from each other on interest. Why? Fully knowing that usury is forbidden, they merely present gifts to each other.¹³  Samuel said to Abbuha b. Ihi: Lend me a hundred peppercorns for a hundred and twenty. And this is well.¹⁴

Ran Judah said in Rab's name: One may lend to his sons and household on interest, in order to give them experience thereof.¹⁵  This, nevertheless, is incorrect, because he will come to cling thereto.¹⁶

MISHNAH. A MAN MAY SAY TO HIS NEIGHBOUR, 'HELP ME TO WEED, AND I WILL HELP YOU; ASSIST ME TO HOE, AND I WILL ASSIST YOU.'¹⁷  BUT HE MAY NOT SUGGEST, 'DO YOU WEED WITH ME, AND I WILL HOE WITH YOU; DO YOU HOE WITH ME, AND I WILL WEED WITH YOU.'¹⁸

1. Viz., its value when borrowing.
2. To return money; why then repay wheat if its value falls?
3. Lest it become dearer.
4. I.e., he has it, but it is temporarily inaccessible. Since the prohibition of lending a se'ah for a se'ah is only Rabbinical, it was not enacted when the borrower actually possesses the grain.
5. The reference is to 'LEND ME UNTIL MY SON COMES etc.'
6. For in point of fact, the se'ah that he has does not pass into the lender's possession, and he could, if he wished, dispose of it and then purchase a se'ah for repayment, even at a higher price. Thus, having borrowed one se'ah, he is at liberty to dispose of the first and remain in debt for what he borrowed: this se'ah (the borrowed one) then serves as a standby for another, and the second for a third, and so on.
7. Hence, if the price of wine or oil advances, there is usury.
8. Lit., 'many drops'.
9. Sc., R. Nahman in Samuel's name.
10. I.e., members of a company at one table, each of whom has his own provisions, and when one borrows from another, are particular to weigh, measure, or count, that the exact quantity may be returned.
11. On a Festival one may borrow from his neighbour, but not by weight, measure or number. Likewise, he may not use the terms 'lend' and 'repay', for these belong to monetary transactions. Now Rab Judah observes, when members of a company are particular with each other, they are likely to be led into the transgression of these prohibitions.
12. When members of a company are not particular with each other, and one borrows and returns the same amount after it has advanced, there is no usury, since neither cares whether the exact amount is returned or not. But if they are particular, every change in value is scrupulously noted, and therefore, if it advances, there is usury. This does not refer particularly to Festivals. Since Rab Judah maintains that Hillel's ruling applies only to members who are particular with each other, it follows that neighbours, in respect of whom Hillel stated his view, are always so regarded. (Tosaf.)
13. This refers only to a trifling matter, such as might be given in any case. (Tosaf.) [They are not as petty and niggardly in their relations to one another as those whose only common bond of interest is the dining table; v. Rappaport, J.H., Das Darlehen, p. 135.]
14. I.e., it is not usury.
15. Lit., 'to let them know the taste of usury'; i.e., that they should know the bitterness and cankering cares of having to return more than is borrowed.
16. In teaching his children the dark side of interest, he himself will be impressed with its happy side-for the lender-and engage in it.
17. Though by the time he comes to reciprocate labour costs may have advanced.
18. One may be more difficult than the other, and so there may be an appearance of usury.

ALL THE DAYS OF THE DRY SEASON ARE EQUAL,¹  AND LIKEWISE OF THE RAINY SEASON.²  [BUT] ONE MAY NOT SAY, 'PLOUGH WITH ME IN THE DRY SEASON, AND I WILL PLOUGH WITH YOU IN THE RAINY SEASON'.³  RABBAN GAMALIEL SAID: THERE IS [A FORM OF] PREPAID INTEREST AND ONE OF POSTPAID INTEREST. E. G., IF ONE MADE UP HIS MIND TO BORROW FROM HIS NEIGHBOUR AND SENT HIM [A GIFT], SAYING, 'IT IS IN ORDER THAT YOU SHOULD LEND ME' — THAT IS INTEREST IN ADVANCE. IF HE BORROWED FROM HIM, REPAID HIS MONEY, AND THEN SENT HIM [A GIFT], SAYING, 'IT IS ON ACCOUNT OF YOUR MONEY WHICH, [AS FAR AS YOU WERE CONCERNED], LAY IDLE WITH ME' — THAT IS POSTPAID INTEREST. R. SIMEON SAID: THERE IS A FORM OF VERBAL INTEREST. [THUS:] HE [THE BORROWER] MAY NOT SAY TO HIM [THE LENDER], 'KNOW THAT SO-AND-SO HAS COME FROM SUCH AND SUCH A PLACE.'⁴

THE FOLLOWING TRANSGRESS NEGATIVE INJUNCTIONS: THE LENDER, THE BORROWER, THE SURETY, AND THE WITNESSES; THE SAGES ADD, THE NOTARY TOO. THEY VIOLATE: THOU SHALT NOT GIVE [HIM THY MONEY UPON USURY],⁵  TAKE THOU [NO USURY] OF HIM,⁶  THOU SHALT NOT BE TO HIM AS AN USURER,⁷  NEITHER SHALL YE LAY UPON HIM USURY,⁸  AND THOU SHALT NOT PUT A STUMBLING BLOCK BEFORE THE BLIND, BUT SHALT FEAR THY GOD: I AM THE LORD.⁹

GEMARA. It has been taught: R. Simeon b. Yohai said: Whence do we know that if a man is his neighbour's creditor for a maneh, the latter must not extend a greeting to him, if that is not his usual practice? From the verse, Usury of any word which may be usury, [teaching] that even speech is forbidden.

THE FOLLOWING TRANSGRESS. Abaye said: The lender infringes all;¹⁰  the borrower: Thou shalt not cause thy brother to take usury,¹¹  but unto thy brother thou shalt offer no usury,¹²  and thou shalt not put a stumbling block before the blind. The Surety and the witness: only, neither shall ye lay upon him usury.¹³

It has been taught: R. Simeon said: Those who lend on interest lose more than they gain.¹⁴  Moreover, they impute wisdom¹⁵  to Moses, our Teacher, and to his Torah, and say, 'Had Moses our Teacher known that there is profit in this thing [sc. usury], he would not have prohibited it.'¹⁶

When R. Dimi came,¹⁷  he said: Whence do we know that if one is his neighbour's creditor for a maneh and knows that he has nought [for repayment], he may not even pass in front of him? From the verse, Thou shalt not be to him as an usurer.¹⁸  R. Ammi and R. Assi say: It is as though he subjected him to a twofold trial,¹⁹  for it is written, Thou hast caused man to ride over our heads; we went through fire and through water.²⁰

Rab Judah said in Rab's name: He who has money and lends it without witnesses infringes, and thou shalt not put a stumbling block before the blind.²¹  Resh Lakish said: He brings a curse upon himself, as it is written, Let the lying lips be put to silence; which speak grievous things proudly and contemptuously against the righteous.²²

The Rabbis observed to R. Ashi: Rabina fulfils all the Rabbinical requirements. He [R. Ashi] sent word to him [Rabina] on the eve of the Sabbath: 'Please, let me have [a loan of] ten zuz, as I just have the opportunity of buying a small parcel of land.' He replied, 'Bring witnesses and we will draw up a bond.' 'Even for me too!' he sent back. 'You in particular,' he retorted, 'being immersed in your studies, you may forget, and so bring a curse upon me.

Our Rabbis taught: Three cry out²³  and are not answered. Viz., he who has money and lends it without witnesses; he who acquires a master for himself; and a henpecked husband. 'He who acquires a master for himself;' what does this mean? — Some say: He who attributes his wealth to a Gentile;²⁴  others: He who transfers his property to his children in his lifetime; others: He who is badly-off in one town and does not go [to seek his fortune] elsewhere.

CHAPTER VI

MISHNAH. IF A MAN ENGAGES ARTISANS AND THEY DECEIVE EACH OTHER, THEY CAN ONLY CHERISH RESENTMENT AGAINST EACH OTHER.²⁵  IF HE HIRES AN ASS-DRIVER OR A WAGGONER²⁶  TO BRING LITTER-CARRIERS AND PIPERS FOR A BRIDE OR FOR THE DEAD,²⁷  OR LABOURERS TO REMOVE HIS FLAX FROM THE WATER OF STEEPING, OR ANYTHING WHICH WOULD BE IRRETRIEVABLY LOST,²⁸  AND THEY [THE WORKERS] BREAK THEIR ENGAGEMENT;²⁹  IF IT IS A PLACE WHERE NO OTHERS ARE AVAILABLE AT THE SAME WAGE, HE MAY HIRE [WORKERS] AGAINST THEM³⁰  OR DECEIVE THEM.³¹  IF HE ENGAGES ARTISANS AND THEY RETRACT [AFTER DOING SOME WORK]. THEY ARE AT A DISADVANTAGE;

1. Lit., 'one.'
2. I.e., there is no fear that one day may be longer than another or more difficult for working, so that the value of labour on one is greater than on the other.
3. In different seasons the work is of unequal difficulty.
4. The mere giving of information which he would otherwise not have given, is interest. But the text in J. a.l. is, 'Know that if so-and-so has come, etc.' On this reading, it is the lender who speaks thus to the borrower, and to make the sense complete, Maim. Yad, Loweh, 13, adds, 'and when he comes, shew him hospitality.' Now, though the borrower would probably have done this in any case, his doing it at the lender's behest becomes interest, and is forbidden. The passage then must be translated: R. Simeon said, There is a form of interest arising through (the creditor's) words (orders). (V.J.D. CLX, 12 [H] a.l. § 5 and [H] a.l. § 21.)
5. Lev. XXV, 37.
6. Ibid. 36.
7. Ex. XXII, 24.
8. Ibid.
9. Lev. XIX, 14. The borrower, by offering interest and appealing to the creditor's avarice, places a stumbling block before him.
10. The injunctions enumerated in the Mishnah.
11. Deut. XXIII, 20. For this translation v. p. 363, n. 4.
12. Ibid. 21. Alfasi and the Asheri Omit this, and Maim.'s text likewise appears to have omitted it.
13. I.e., take no part in a transaction which imposes usury.
14. V. supra 71a: He who lends on interest, his wealth dissolves … and he sinks into poverty, never to rise again.
15. A euphemism for folly.
16. Lit., 'written it'.
17. From Palestine to Babylon.
18. I.e., do not emphasize that he is in your debt: and so put him to shame.
19. Lit., 'judged him with two verdicts.'
20. Ps. LXVI, 12; v. Ber. 6b.
21. Lev. XIX, 14.
22. Ps. XXXI, 19; when the creditor demands repayment, and the debtor denies the loan, he is reviled for preferring unjust claims.
23. I.e., vent their grievances at law.
24. V. p. 367, n. 2; the Gentile may learn of this, and demand its return.
25. But have no legal redress. In the view of the Rabbis, even for resentment there must be some justifiable cause; otherwise it is morally wrong.
26. The Karlsruhe MS. and Tosaf. read [H], ([H] to roll, drag; cf. [H] a waggoner). Our editions read [H], which, according to Jast., is a dialect form of [H]. Tosaf. suggests that [H] (a potter) may be used in the Mishnah, because potters generally have waggons (for conveying their wares).
27. It was a custom to have professional mourners and pipers, who played sad music at funerals. The numbers varied according to wealth and social position, but even the poorest had at least one professional mourner and two pipers.
28. If postponed. The bringing of pipers for a funeral or marriage is included in this category, because they are required for a particular time, and without them the ceremony suffers (Tosaf.).
29. Lit., 'withdrew' in the middle of their work.
30. I.e., at a higher wage. and claim the difference from the first.
31. This is discussed in the Gemara.