Bava Metzia 73a (עג.) — the Talmud in English

If the merchandise is

in the seller’s possession

—the owner of the merchandise, who bears responsibility for the journey—

it is permitted,

since it is not considered a loan until it is sold. It follows that the buyer [the agent] borrowed the money and repaid that same sum.

But if the merchandise is

in the buyer’s possession,

so that he bears responsibility for the journey,

it is prohibited,

because from this point on [at the cheaper location] it is a loan in his possession. It follows that when he repays the money at the higher price prevailing at the expensive location, he is giving ribit to the seller.

A person

transporting produce

[of his own]

from

a place where it is cheap

to

a place where it is expensive,

is encountered by his fellow

at the cheap location,

who says to him, “Give it to me

and I will eat it here,

and I will repay you

I will repay you later

with produce that I have at that same place

where it is expensive.”

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

even though he takes produce at the cheaper price and returns produce at the higher price. It is permitted because this is merely an exchange. Although the owner of the produce did not perform meshikha on his fellow’s produce, nevertheless, since se’a for se’a constitutes only a rabbinic prohibition of ribit, in a case where “he has” produce, the Sages did not decree a prohibition.

But if not,

if he does not have produce at that same place,

it is prohibited,

because in return for delaying his repayment, he gave him produce at the price prevailing at the expensive location.

And the donkey drivers

who earn their livelihood by transporting grain [on donkeys] from a cheap location to an expensive location

pay at the expensive location according to the price at the cheap location, and they do not

fear [that this is prohibited]!

That is to say: It is permitted for them to borrow money at the expensive location on the condition that they repay it at a later time with grain according to the price at the cheap location which they will subsequently bring from the cheap location.

What is the reason

for this permission?

Rav Pappa said:

He explains the reason for the permission:

It is convenient for them,

for the donkey drivers who go to the cheap location,

that they open the market for them,

since once they have received money, they appear to be merchants, and the householders at the cheap location sell to them on credit, enabling the donkey drivers to profit from them and therefore this is not payment for a loan; rather, it is convenient for the donkey drivers for purposes of their commerce.

Rav Aḥa, son of Rav Ika, said:

He explains the reason for the permission differently:

It is convenient for them,

for the donkey drivers who go to the cheap location,

that they sell cheaply to them,

the residents of the cheap location. When they hear that the donkey drivers will not profit from purchasing this grain [since they must return it to the owner of the money], they sell it to them at a lower price, so that the donkey drivers will not refrain from trading with them. Therefore, this is not payment for a loan; rather, it is convenient for the donkey drivers for purposes of their commerce.

What is the difference between them?

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

The difference between them is: a new merchant.

A new merchant [donkey driver], whom the residents of the cheap location 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 Aḥa, it is prohibited, since because he is new, they do not believe that he will give the produce to them at a lower price at his destination [the expensive location], and they therefore do not lower the price for him.

In Sura

a place-name,

they sell four for four,

that is, four se’a of wheat for a sela.

In Kafrei

a place-name,

they sell six for six,

six se’a for a sela.

Rav gave

gave

in Sura,

which was the expensive location,

money

a sela

to the donkey drivers,

the donkey drivers who were going to Kafrei [which was the cheap location], so that they would bring him wheat from there; and the donkey drivers stipulated with him that they would repay him at a specified time,

and he accepted responsibility

Rav

for accidents on the journey,

so that if the wheat were lost or destroyed on the way, he would bear responsibility.

And Rav took

Rav

from them

from the donkey drivers when they returned

five

se’a.

And we are astonished:

Why did he not take six?

Rav should have taken six se’a from the donkey drivers, according to the price in Kafrei. After all, Rav had accepted responsibility for accidents on the journey, and there was no ribit.

And we answer:

An important person is different.

He must act beyond the letter of the law. We learned above: The donkey drivers pay at the expensive location according to the price at the cheap location.

He asked

[he asked]

Rav Asi asked Rabbi Yoḥanan: What is the law regarding doing this with metal scraps,

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

as well?

That is to say, perhaps they permitted this only with grain, because donkey drivers customarily travel back and forth from a cheap location to an expensive location, and two reasons for the permission were stated in that case:

a.

“They open the market for them” [they sell to them on credit],

b.

“They sell cheaply to them” [they lower the price for them so that they will not refrain from trading with them]. But with metal scraps, which are not as readily available as grain, and with which people do not customarily travel back and forth, the first reason does not apply, because one who sold to him today will not sell to him tomorrow [since it is not readily available to him], and consequently will not sell to him on credit. Nor does the second reason apply, because merchandise purchased today will not be purchased again tomorrow. Consequently, the reason that they will not refrain from trading with him does not apply.

He said to him,

Rabbi Yoḥanan answered him:

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

because most people make linen vessels in their homes, and they are not as readily available as grain.

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

An orchard transaction,

a vineyard transaction: He advances money now, when the grapes in the vineyard are still unripe or at the flowering stage, in order to purchase from him cheaply wine from the vineyard at the time of the harvest.

Rav prohibited it, and Shmuel permitted it

[permitted it].

Rav prohibited it.

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 the reason he lowers the price for him is payment for the advance of his money.

And Shmuel permitted it,

and his reason is:

Since there is

a possibility of regret,

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

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

The price reduction appears to be due to the possibility that the buyer will lose his money, and it does not appear to be payment for advancing the money. Rav does not take this into consideration, because such damage is uncommon.

And Rav concedes

that Rav agrees that it is permitted [even though Rav prohibits it with regard to a vineyard]

in the case of oxen.

With regard to oxen. That is to say: In a place where vineyards are harvested with the aid of oxen harnessed to a wagon, and the wagon is led between the rows of vines,

because their potential loss is great,

their potential loss is great, since the oxen’s feet can be injured by the stalks of the roots. Consequently, the seller lowers the price because of the possibility of loss to the oxen, and this does not appear to be payment for delaying the money.

Shmuel said to those who deal in shoots,

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

Turn over the soil for them,

assist the tenant farmer somewhat with the agricultural work [plowing and harvesting],

so that

in order that

he will acquire for you

so that he will acquire for you

the substance of the land itself,

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

And

if not,

if you do not do so,

it becomes for you

your loan to the tenant farmer is

like a loan

of se’a for se’a,

and it is prohibited,

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

Rava said to those who guard

[the standing grain]

in the fields

[fields in the valley]. That is to say: Rava spoke to those who guarded the standing grain [grain in its stalks], guarding it until the time of the harvest, and to whom the residents of the valley paid their wages in grain from the threshing floor. This appeared to be ribit, because in return for waiting to receive their wages until the threshing floor was completed, the residents of the valley would add to their wages. In order to permit this, he said to the guards:

Assist with the threshing-floor work,

assist the residents of the valley somewhat in threshing the grain at the threshing floor and in transporting it back and forth,

so that your wages will not become due until that time.

You are therefore considered hired workers of the residents of the valley until that time [and they have not yet become obligated to pay the guards when the guarding ends],

because wages are due only at the end,

and there is no delay here; rather, now is simply the time when your wages become due,

and at that

time, they are lowering the price for you.

At the time of repayment, the addition they give you to your wages is considered a reduction in the price of the grain, and there is no ribit.

The Sages said to him,

the Torah scholars [who were involved in leasing fields] said

to Rava: “My master is consuming ribit!”

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,

forcing the tenant farmers to harvest the grain in Nisan and removing them from the field.

But you,

Rava, who leased out his field to tenant farmers,

wait for them until Iyyar,

wait for the tenant farmers until Iyyar,

and take six,

taking six kor from them. Those Torah scholars thought that because Rava waited for them from Nisan until Iyyar, the tenant farmers added another two kor for Rava, and it followed that Rava was consuming ribit.

He said to them

Rava said to those Torah scholars:

“You are acting contrary to the law!

You are the ones acting improperly, because

the land is bound to the tenant farmer.

The leased land is bound to the tenant farmer until the grain has fully ripened.

If you come and remove them in Nisan, you cause them a considerable loss,

and when you remove them in Nisan, when the grain is not yet fully ripe, you thereby cause the tenant farmers a great loss. You are consequently acting improperly. But

I

I [Rava],

wait for them until

Iyyar,

I wait for them until Iyyar, when the grain has ripened,

and I increase their profit considerably,

and the tenant farmers profit because they are able to harvest ripe grain. For this reason I take a higher rent from them; it is not payment for delaying their wages.