Gemara Clarity

Bava Metzia 64b

בבא מציעא ס״ד ע״ב

Learn Bava Metzia 64b step by step: Aramaic beside English, every question, answer and proof colour-coded.

Open Bava Metzia 64b in Gemara Clarity

Topic

The end of the wine-sale case, a lender living in the borrower's courtyard as רבית, and a lender using his debtors' slaves

Overview

This amud opens by finishing an earlier case about a wine sale. That deal is attacked as קרוב לשכר ורחוק להפסד, likely gain with little risk, which is rabbinic רבית. אביי answers that the buyer also risks a drop in price, so the deal could go either way and is allowed. Next, a new משנה teaches that a lender may not live in the borrower's courtyard for free or at cheap rent, because that is רבית. רב נחמן adds that the lender must pay rent even in a case where a squatter would owe nothing. The גמרא shows this goes beyond the משנה: it covers a courtyard that is never rented out and a lender who has somewhere else to live. A second version limits רב נחמן's rule to a borrower who said 'lend me and live in my courtyard.' Last, רבא questions his father, רב יוסף בר חמא, for working his debtors' slaves. His father first relies on רב נחמן, then, after רבא rejects that source, on רב's ruling that one who works another's slave is exempt, a ruling that continues on the next amud.

Opening lines

הַאי קָרוֹב לְשָׂכָר

This is close to gain

וְרָחוֹק לְהֶפְסֵד הוּא.

and far from loss.

אֲמַר לֵיהּ

He said to him:

כֵּיוָן דִּמְקַבֵּל עֲלֵיהּ זוֹלָא,

since he accepts upon himself a drop in price,

The steps (15)

  1. ChallengeThe wine deal looks like likely gain with no real risk
  2. ResolutionThe buyer also takes the risk of a price drop, so the deal can go either way
  3. StatementA lender may not live in the borrower's courtyard for free or for cheap
  4. Statementרב נחמן: a lender living in the borrower's courtyard must pay rent
  5. ChallengeWhy say it? The משנה already teaches this
  6. ResolutionThe משנה alone might cover only a courtyard normally rented and a man who normally rents
  7. StatementSecond version of רב נחמן: only when the borrower said 'lend me and live here'
  8. StatementHow the two versions differ
  9. QuestionWhy is a plain loan allowed in the second version?
  10. ResponseThe loan was not given for the sake of living there
  11. Statementרב יוסף בר חמא used his debtors' slaves
  12. Questionרבא asks his father why he does this
  13. ResponseRelying on רב נחמן: a slave is not worth his food
  14. Rejectionרבא: רב נחמן meant only a useless slave
  15. ResponseRelying on רב: one who works another's slave is exempt