Bava Metzia 73a
בבא מציעא ע״ג ע״א
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Topic
Advance payments, discounts and sharecropping: when a deal is fair business and when it looks like ריבית
Overview
This amud deals with deals that can look like ריבית, meaning payment for waiting for money. It first finishes a ברייתא: a deal is allowed if the seller carries the risk, repaying produce in another town is allowed only if the borrower owns produce there, and donkey drivers may charge the cheaper town's price. רב פפא and רב אחא בריה דרב איקא give two business reasons for the drivers' leniency, and the reasons give different results for a new merchant. רב bought wheat this way but took less than the full amount, because an important person is stricter with himself. רבי יוחנן tells stories showing that such deals were not allowed with linen garments or metal scraps. רב and שמואל argue about buying an orchard's produce in advance at a discount, though רב agrees it is allowed with oxen, since their risk of loss is high. שמואל and רבא give practical advice on how to set up such deals so they are permitted. Finally, רבא defends his own deal with his sharecroppers against the charge that he takes ריבית.
Opening lines
בִּרְשׁוּת מוֹכֵר – מוּתָּר,
In the seller's possession: permitted;
בִּרְשׁוּת לוֹקֵחַ – אָסוּר.
in the buyer's possession: forbidden.
הַמּוֹלִיךְ פֵּירוֹת מִמָּקוֹם לְמָקוֹם,
One who transports produce from place to place,
מְצָאוֹ חֲבֵירוֹ וְאָמַר לוֹ:
his fellow found him and said to him:
The steps (21)
- StatementWho carries the risk decides the deal
- StatementBorrowing produce to repay it in another town
- StatementDonkey drivers may charge the cheaper town's price
- QuestionWhy are the donkey drivers allowed?
- Responseרב פפא: it opens the market for them
- Responseרב אחא בריה דרב איקא: they buy cheaply too
- QuestionWhat is the difference between the two reasons?
- ResponseThe difference: a new merchant
- Statementרב buys wheat through donkey drivers at a price between the two towns
- ChallengeWhy didn't רב take six?
- ResolutionAn important person is different
- Questionרבי אסי asks about metal scraps
- Responseרבי did not allow it with linen garments
- ResponseAnother version: רבי wanted to do it with scraps
- StatementBuying an orchard's produce ahead of time: רב forbids, שמואל permits
- StatementThe reasons of רב and שמואל
- Statementרב agrees about young oxen
- Statementשמואל's advice to buyers of vine branches
- Statementרבא's advice to field guards
- ChallengeThe רבנן accuse רבא of taking interest
- Resolutionרבא defends his practice