Bava Metzia 73a — the Talmud in English

If the merchandise is

in the seller’s possession

[the owner of the merchandise], whose responsibility is for the journey,

it is permitted,

for there is no loan here until it is sold; it follows that the buyer [the agent] borrowed and repaid that same sum.

And if the merchandise is

in the buyer’s possession,

whose responsibility is for the journey,

it is forbidden,

for from now [at the cheaper place] it is a loan with him. It follows that when he repays the money at the expensive place, he gives interest to the seller.

A person

who transports produce

[of his own]

from

the cheaper place

to

the expensive place,

his fellow met him

at the cheaper place

and said to him, Give it to me

and I will eat it here,

and I will raise for you

I will repay you later

from produce that I have in that same place

the expensive place,

If he has produce in that same place, it is permitted,

even though he takes produce cheaply and returns produce expensively, it is permitted, for this is nothing other than an exchange. And even though the owner of the produce did not draw his fellow’s produce, nevertheless, since a se’a for a se’a is only rabbinic interest-dust, when “he has it,” they did not decree.

And if not,

that he does not have produce in that place,

it is forbidden,

for in payment for his waiting he gave it to him as at the expensive place.

And the donkey-drivers

who earn by transporting grain [on donkeys] from the cheaper place to the expensive place

raise at the expensive place according to the cheaper place, and they do not

take heed!

That is to say: it is permitted for them to borrow money at the expensive place in order to repay at a later time grain according to the price at the cheaper place which they are destined to bring from the cheaper place.

What is the reason

what is the reason for the permission?

Rav Pappa said:

He explains the reason for the permission:

It is agreeable to them

the donkey-drivers who go to the cheaper place

that they open the market for them,

since they have received money, they are recognizable as merchants, and the householders at the cheaper place sell to them on credit, and the donkey-drivers profit through them and if so, there is no payment for the loan, but rather this is convenient for the donkey-drivers for the needs of their trade.

Rav Aha, son of Rav Ika, said:

He explains the reason for the permission differently:

It is agreeable to them

the donkey-drivers who go to the cheaper place

that they cheapen it for them,

the inhabitants of the cheaper place, when they hear that the donkey-drivers do not profit from purchasing this grain [for they must return it to the owner of the money], sell to them more cheaply, so that the donkey-drivers will not refrain from trading with them. And if so, this is not payment for the loan, but rather this is convenient for the donkey-drivers for the needs of their trade.

What is the difference between them?

What practical difference is there between Rav Pappa’s reason and Rav Aha’s?

The difference between them is: a new merchant.

A new merchant [donkey-driver], whom the inhabitants of the cheaper place do not know. According to Rav Pappa, it is permitted, since the money is in his possession and he is recognizable as a merchant; the fact that he is new does not detract from this. But according to Rav Aha, it is forbidden, since he is new: they do not believe him that he will give it in his place [the expensive place] cheaply, and they do not cheapen it for him.

In Sura

the name of a place,

they go four by four,

the wheat is sold four se’ahs for a sela.

In Kafrei

the name of a place,

they go six by six

six se’ahs for a sela.

He gave

gave

Rav

in Sura, [which is the expensive place]

money

a sela

to the donkey-drivers,

to the donkey-drivers who were going to Kafrei [which is the cheaper place], so that they would bring him wheat from there, and the donkey-drivers stipulated with him to repay at a particular time,

and he accepted upon himself

Rav

the accident of the road

that if the wheat were forced to perish on the way, the responsibility for it would be upon him.

And he took

Rav

from them

from the donkey-drivers when they returned

five

se’ahs.

And we raise an objection:

Then let him take six!

Rav should take six se’ahs from the donkey-drivers, according to the price at Kafrei, for Rav accepted the accident of the road upon himself, and there is no interest.

And we answer:

A distinguished person is different.

He must act beyond the strict measure of the law. We stated above: the donkey-drivers raise at the expensive place as at the cheaper place.

He asked [

he questioned ]

Rav Asi asked Rabbi Yohanan: What is the law concerning doing this with scrap metal,

fragments of gold, silver, and other kinds of metal,

thus?

That is to say, it is possible that they permitted this only with grain, because donkey-drivers customarily go and return from the cheaper place to the expensive place, and concerning this two reasons for permission were stated:

a. “

that they open the market” [so that they would sell to them on credit],

b. “

that they cheapen it for them” [they cheapen it for them so that they will not refrain from trading with them]. But with scrap metal, which is not found like grain, and with which it is not customary to go and return, the first reason does not apply, for one who sold to him now will not sell to him tomorrow [as it is not readily available to him], and consequently he will not extend him credit; nor does the second reason apply, for merchandise that he bought today he does not buy tomorrow. And consequently, the reason that they will not refrain from trading with him does not apply.

He said to him

Rabbi Yohanan answered him:

Rabbi Yishmael wished to do this with linen utensils, but Rabbi did not allow him

because most people make linen utensils in their homes, and they are not found like grain.

Some say: Rabbi wished to do this with scrap metal, but Rabbi Yishmael son of Rabbi Yosei did not allow him.

A vineyard-sale,

a vineyard, and he advances money now, when the grapes of the vineyard are unripe or in the early flowering stage, to purchase from him cheaply wine from the vineyard at the time of the harvest.

Rav forbade it, and Shmuel permitted it [

permitted].

Rav forbade it.

And his reason is:

since later,

at the time of the harvest,

it will be worth more,

the wine will be worth more than the price fixed now,

it appears as though he is paying him for waiting.

It therefore appears that what he cheapens for him is in payment for his advancing the money.

And Shmuel permitted it,

and his reason is:

since there is in it

the possibility of destruction,

since sometimes the vineyard is struck by hail or rain and is ruined, and the buyer accepts upon himself all this loss if it occurs,

it does not appear as though he is paying him for waiting.

For what he cheapens for him is because the buyer is liable to lose his money, and this does not appear as payment for advancing his money. But Rav does not take this into consideration, because ruin is not common.

And Rav agrees

Rav agrees that it is permitted [although Rav forbids it with a vineyard],

with oxen.

With oxen. That is to say: in a place where vineyards are harvested with the help of oxen harnessed to a wagon, and they lead the wagon between the rows of the vineyards,

for their losses are great,

their loss is great, for the feet of the oxen are damaged by the stalks of the roots. If so, what the seller cheapens for him is because of the loss of the oxen, and does not appear as payment for waiting for the money.

Shmuel said to those who deal in vine-branches,

to householders who lend grain to their tenant-farmers for seed [to sow the fields with grain kernels], and the tenant-farmers pay them new grain at threshing time.

Work it in the land,

assist the tenant-farmer a little in the work of the land [in plowing and harvesting],

so that

in order that

he acquire for you,

that he acquire for you

the substance of the land,

the land itself, and through this [the householders] appear as lending to themselves.

And

if not,

if you do not do this,

it will be a loan for you,

your loan to the tenant-farmer is

like a loan

of a se’a for a se’a,

and it is forbidden,

which is forbidden. [For here the tenant-farmer still does not “have it,” and the market price for the grain at threshing time has still not been established.]

Rava said to those who guard [

to guard them]

the fields [

fields in the valley], that is to say: Rava said to the guards of the standing grain [grain in its stalks], who guarded it until the time of the harvest, and the inhabitants of the valley gave them grain from the threshing floor as their payment, and it appeared like interest, for because the guards waited to receive their payment until the completion of the threshing, the inhabitants of the valley would add to their payment. And in order to permit this matter, he said to the guards:

Work in the threshing floors,

assist the inhabitants of the valley a little in threshing the grain at the threshing floor and in transporting it there and back,

so that your wage will not become payable until that time.

And if so, you are considered hired workers of the inhabitants of the valley until this time [and they were not yet obligated to pay the guards at the completion of the guarding],

for wages are payable only at the end,

and there is no waiting here; rather, only now is the time for payment of your wages,

and at that

time, it is their cheapening for you.

At the time of payment, the addition that they add to your wages is considered the cheapening of the grain, and there is no interest here.

The Sages said to him,

the Torah scholars [who were occupied with leasing fields] said

to Rava: The Master is eating interest!

Everyone

for all those who lease out their fields to tenant-farmers,

take four,

take four kor from the tenant-farmers for leasing the field,

and remove the tenant-farmer in Nisan,

and compel the tenant-farmers to harvest the grain in Nisan and remove them from the field.

But the Master,

Rava, who leases his field to tenant-farmers,

waits for them until Iyar,

waits for the tenant-farmers until Iyar,

and takes six,

and takes six kor from them. And those Torah scholars thought that because Rava waited for them from Nisan until Iyar, the tenant-farmers therefore added another two kor for Rava, and it followed that Rava was consuming interest.

He said to them

Rava said to those Torah scholars:

You are acting contrary to the law!

You are the ones acting contrary to the law, because

the land is bound to the tenant-farmer.

The leased field is bound to the tenant-farmer until the grain ripens completely,

if you come and remove them in Nisan, you cause them a great loss,

and when you remove them in Nisan, while the grain is not yet completely ripe, you thereby cause the tenant-farmers a great loss; you are therefore acting contrary to the law. But

I

I [Rava],

wait for them until

Iyar,

wait for them until Iyar, when the grain is ripe,

and I give them a gain of much,

and the tenant-farmers profit by having grain to harvest that is ripe. Therefore I take a higher rent from them, and this is not for waiting for their payment.