Bava Metzia 69b

בבא מציעא ס״ט ע״ב

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Topic

Dividing shared money, renting out coins, and when extra payment around a loan or rental counts as רבית

Overview

The amud opens by finishing a story about רב פפא. He explains to a litigant that coins may be split without the partner present, but wine may not, because wine varies in quality. The גמרא then limits רב נחמן's rule that money counts as already divided: it applies only when all the coins are the same kind. Next comes the story of רב חמא, who 'rented out' coins for a daily fee. The גמרא explains that coins are not like a rented hoe, so this is really a loan with רבית. רבא and רב פפא then teach that the Torah forbids only interest paid from the borrower to the lender, so a fee paid to a middleman is allowed. A new משנה allows giving an animal to someone to raise for half the profit. רבן שמעון בן גמליאל allows raising the rent on a field, and the גמרא explains when a field, store or ship may get higher rent in exchange for money to improve it. Finally, רב allows renting a ship for both rent and payment for damage. רב ששת defends this with a ברייתא about a cow, and רב פפא rules like רב.

Opening lines

The steps (26)

1. StatementIn a case like this, the judge must explain
2. QuestionDid the other partner pick the good coins?
3. ResponseThe litigant says no
4. ConclusionWine is different because quality varies
5. Statementרב נחמן: money counts as already divided
6. StatementOnly when the coins are all the same kind
7. Statementרב חמא rented out coins and lost his money
8. RejectionCoins are not like a hoe
9. StatementPaying someone to lend money to a third person
10. StatementThe borrower pays a middleman to arrange his loan
11. ProofThe story of אבא מר and the wax pans
12. ChallengeThe רבנן object: your son is taking interest
13. Resolutionרב פפא: this kind of interest is fine
14. Statementמשנה: raising someone else's working animal for half the profit
15. Statementרבן שמעון בן גמליאל: young animals with their mothers, and raising the field rent
16. StatementA renter may raise the rent on a field in exchange for money to improve it
17. StatementThe same deal is not allowed for a store or a ship
18. StatementSometimes a store or ship may also get a higher rent
19. StatementWhy painting a store or making a sail counts as improving the property
20. Statementרב: A ship may be rented for rent plus payment for damage
21. Challengeרב כהנא and רב אסי: You cannot charge both rent and damage
22. Conclusionרב stays silent
23. Proofרב ששת brings a ברייתא that supports רב
24. ChallengeBut he did make it a loan
25. ResolutionThe fixed value applies only if the cow dies
26. ConclusionThe הלכה: a ship may be rented for rent and damage