Bava Metzia 115a
בבא מציעא קט״ו ע״א
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Topic
Limits on taking collateral: from a guarantor, for wages, from a widow, and millstones
Overview
The amud begins by finishing a discussion about רבי יוחנן, who holds that a lender who takes a משכון even once keeps its protections: שביעית won't cancel the loan, and he can collect from the borrower's children. A ברייתא seems to say otherwise, but רב אדא בר מתנא rereads it so that it fits רבי יוחנן. Next, a ברייתא teaches that a lender may not enter the borrower's house to take a משכון, but he may enter a ערב's house. It also may enter for unpaid wages, unless those wages were turned into a loan. Then a משנה forbids taking a משכון from an אלמנה. In the גמרא, רבי יהודה says this covers every widow, while רבי שמעון limits it to a poor one because of the reason behind the פסוק. The גמרא asks why the two seem to switch sides on the king's wives, and explains that each one stays consistent. Finally, a משנה forbids taking millstones or any food-making tool as a משכון. רב הונא and רב יהודה disagree on how many sets of lashes this brings. רב יהודה's explanation of 'כי נפש הוא חובל' continues on the next amud.
Opening lines
לָמָּה חוֹזְרִין וּמְמַשְׁכְּנִין?
Why does one go back and take collateral again?
שֶׁלֹּא תְּהֵא שְׁבִיעִית מְשַׁמַּטְתּוֹ,
So that the seventh year should not cancel it,
וְלֹא יֵעָשֶׂה מִטַּלְטְלִין אֵצֶל בָּנָיו.
and so that it should not become movable property in the hands of his children.
טַעְמָא דַּהֲדַר וּמַשְׁכְּנֵיהּ,
The reason is that he went back and took it as collateral,
The steps (21)
- StatementWhy the lender keeps taking the collateral back
- ChallengeInference: the rights only come from taking it again
- Resolutionרב אדא בר מתנא rereads the ברייתא
- StatementYou may enter a guarantor's house to take collateral
- ProofSupport from משלי: take the guarantor's garment
- ProofA second verse from משלי about a guarantor
- StatementReading the verse as advice: pay up or seek forgiveness
- StatementA second reading: wages are not a loan
- QuestionWhat if the wages were turned into a loan?
- ResponseOnce it is a loan, the ban applies
- StatementNew משנה: no collateral from a widow
- StatementNo pledge from any widow, rich or poor
- StatementOnly a poor widow is protected, and why
- ChallengeThey seem to hold the opposite elsewhere
- ProofProof from the king's wives
- Resolutionרבי יהודה follows the reason only because the verse states it
- Resolutionרבי שמעון reads the extra words as a new rule
- StatementThe משנה forbids taking millstones and food tools as a pledge
- Statementרב הונא counts the lashes for taking millstones
- Statementרב יהודה's count: one set of lashes for each millstone
- StatementQuoting the verse 'For he takes a life as a pledge'