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Laws of Interest on Loans and in Commerce
Property Law
Sources
A
All
the
dry days
during the summer, when it does not rain, are viewed as
one
period, meaning that if they each agreed to work one day, the dry days are viewed as though they were all exactly equal in length, despite the slight differences between them. Similarly,
all
the
rainy days
are treated as
one
period. But
he may not say to him: Plow with me in the dry
season
and I will plow with you in the rainy
season.
Rabban Gamliel says: There is
a case of
pre
-paid
interest…
Bava Metzia 75b:1-9
§ Having mentioned the ordinance instituted for the penitent, the Gemara discusses other details of this ordinance.
The Sages taught
in a
baraita
(
Tosefta
,
Shevi’it
8:11): With regard to
robbers or usurers that returned
either the stolen item or the interest to the one from whom they took it,
one
should
not accept
it
from them. And
with regard to
one who does accept
it
from them, the Sages are displeased with him,
since by doing so he discourages those who wish to repent.
Bava Kamma 94b:5
Rava
said to him: This statement
of Rav Daniel applies
when
the one who seizes the slave
is not owed money
by the owner of the slave. But
since the Master is owed money by
the owner of the slave, this
has
the
appearance of interest, as Rav Yosef bar Minyumi says
that
Rav Naḥman says: Even though
the Sages
said
that
one who resides in another’s courtyard without his knowledge does not have to pay him rent,
nevertheless, if
he lent
a courtyard owner money
and
then
resides in his courtyard…
Bava Metzia 65a:2-66a:11
§
Rava, son of Rav Yosef, says in the name of Rava:
With regard to
this
following type of
mortgage,
in which the lender holds part of the borrower’s land and may consume its produce, the
halakha
depends on the local custom.
In a place where
the custom is that the borrower can repay the loan at any time and the court
removes
the lender from the land, the lender
may consume
the produce of the land
only with a deduction
in the amount of the loan granted to the borrower, equivalent in value to that of the produce consumed by the lender…
Bava Metzia 67b:2-68a:3
MISHNA:
One may not set
a price with a buyer
for
the future delivery of
produce until the
market
rate is publicized,
as, if he is paid for supplying produce at a later date in advance of the publication of the market rate for that type of produce, he may set a price that is too low. The money paid in advance is deemed a loan, and if the initial payment was lower than the later market value, delivery of the produce will constitute interest on the loan. Once
the
market
rate is publicized,
the seller
may set
a price…
Bava Metzia 72b:6-74a:1
Rav Naḥman
said to him:
There is no proof from a case
like this, as even for bearded ones,
i.e., adults, it is
permitted to act in this
manner,
as
the owners
accept upon themselves the depreciation of the copper, as the more the copper is burned, the more the value of the pot is diminished.
Since this is so, the renters pay for the visible depreciation as measured by the reduction in the weight of the vessel, and therefore this arrangement is certainly permitted…
Bava Metzia 70a:4-70b:2
Rather,
it must mean that one may serve as a guarantor
for a gentile
who lends to another Jew with interest. This is also difficult,
since the law of the gentiles is that he goes after the guarantor
to collect the money without trying to collect first from the borrower. Under gentile law, it is the responsibility of the guarantor to pay the lender and to then retrieve the money from the borrower. Consequently, when this occurs, the guarantor is considered to have borrowed money from the gentile and lent it himself to the Jew…
Bava Metzia 71b:2-8
The debtor
gives him a coin that is in circulation at that time
with which he repays the loan.
And Shmuel says
that the debtor
can say to
the creditor: I am giving you a coin like the one you gave me, although you cannot utilize it here.
Go spend it in Meishan,
i.e., a distant place where this coin is still in circulation.
Rav Naḥman said: Shmuel’s statement is reasonable when
the creditor
has a way to go to Meishan,
i.e., he intends to travel there, and therefore the debtor can tell him to spend the coin when he arrives at his destination…
Bava Kamma 97b:1
§ The mishna teaches that if the seller
was first among the reapers,
he may set a price with the buyer only when the produce he has is ready for delivery.
Rav says:
If only
two
actions needed to complete the labor to prepare the produce were
lacking, he may set
a price, as the produce is viewed as if it had already been prepared. But if
three
actions were lacking,
he may not set
a price, as the item is still not considered prepared, and the setting of a price in advance creates a concern of interest…
Bava Metzia 74a:6-75a:11
§
Rav Naḥman said: The principle with regard to
the
halakhot
of
interest
is:
Any payment
for
his waiting,
meaning any additional sum added in consideration of the fact that the lender delays claiming his money, is
forbidden. And Rav Naḥman
also
said:
In the case of
this one who gives money to a wax seller
to purchase loaves of wax from him,
and
loaves of wax
go
at the current rate of one dinar
for four
loaves,
and
the seller
said to him: I will give you
wax in the future at the rate of
five
loaves…
Bava Metzia 63b:10-64a:11
Rava explains:
The Holy One, Blessed be He, said: I am He Who distinguished in Egypt between
the
drop
of seed
that
became
a firstborn and
the
drop
of seed
that
did
not
become
a firstborn,
and I killed only the firstborn.
I am
also
He Who is destined to exact punishment from one who attributes
ownership of
his money to a gentile and
thereby
lends it to a Jew with interest.
Even if he is successful in deceiving the court, God knows the truth…
Bava Metzia 61b:7-16
Rav Ashi answered:
They disagree with regard to fixed [
ketzutza
] interest, and
their dispute is
like
that
of Rabbi Elazar
and Rabbi Yoḥanan.
As Rabbi Elazar said:
If a debtor paid
fixed interest
and petitions the court to have it returned to him, since the Torah prohibits the charging of interest, it
is repossessed
from the creditor
by
the
judges
of the court. If a debtor paid
a hint of interest
and petitions the court to have it returned to him…
Temurah 6a:15-6b:8
Neshech
and
marbit
are one in the same, as Leviticus 25:37 states: "Do not give him your money with
neshech
and do not put forth your food at
marbit."
And further on, Deuteronomy 23:20 speaks of:
"Neshech
from money,
neshech
from food,
neshech
from any substance that will accrue."
Why is interest called
neshech?
Because it bites. It causes pain to one's colleague and consumes his flesh. Why did the Torah refer to it with two terms? So that one would commit a twofold transgression when violating this prohibition…
Mishneh Torah, Creditor and Debtor 4-10
§ The Gemara relates:
Rav Ḥama would rent out dinars at
a rate of one
peshita
,
i.e., one-eighth of a dinar,
per day for
a dinar. He viewed this as rental of an item for use rather than as a loan. Ultimately, all of
Rav Ḥama’s money was lost
as divine punishment for violating the prohibition of interest (see 71a). The Gemara explains: He did this because
he thought:
In
what
way is it
different from
the rental of
a hoe?
He viewed the money as an item that can be rented for a fee…
Bava Metzia 69b:4-6
It is taught
in a
baraita
:
Rabbi Shimon ben Elazar says:
Concerning
anyone who has money and lends it without interest, the verse says about him: “He who has not given his money with interest and who has not taken a bribe against the innocent, he who does these shall never collapse”
(Psalms 15:5). From this statement, the opposite can also be inferred:
You learn
from this
that
concerning
anyone who lends
his money to others
with interest, his property,
i.e., his financial standing,
collapses…
Bava Metzia 71a:6
This is
as it was stated: Letters are acquired by transferring
the document.
Abaye says:
The new holder of the document is
required to bring proof
that he has in fact acquired the right to collect the debt.
And Rava says: He is not required to bring
such
proof;
it is assumed that if he is holding the document it was transferred to him knowingly by the original creditor.
Bava Batra 173a:5
GEMARA:
The Sages taught: One may inflate
the rental fee paid
for his field, and he need not be concerned with regard to
the prohibition of
interest. How so?
In the case of
one who rents a field from another for
the price of
ten
kor
of
wheat per year, and
the renter
says to
the owner:
Give me two hundred dinars
as a loan
and I will
use it to cultivate the field and
equip it
by fertilizing it and hiring people to work in it…
Bava Metzia 69b:9-70a:1
The Gemara
raises an objection
from a
baraita
to the opinion that one is not obligated to return interest that he took: If
their father bequeathed them money
that he had collected
as interest, even though
his sons
know that
the money was collected
as interest, they are not obligated to return
the money. The Gemara infers:
But
this indicates that
their father
himself is
obligated to return
the money. The Gemara rejects the inference:
By right…
Bava Metzia 62a:3-63b:5
Rav Naḥman said:
Rav
Huna said to me
that this verse is
necessary only
to state
that even interest
that a Jew took
from a gentile
will ultimately reach the government treasury, and the one who took it will not be successful.
Rava raised an objection to
the statement of
Rav Naḥman:
The verse states:
“Unto a gentile
tashikh
”
(Deuteronomy 23:21), which indicates that it is permitted for a Jew to take interest from a gentile, as
what
is the meaning of
“
tashikh
”? Doesn’t
it mean the same as
tishokh
…
Bava Metzia 70b:10-71a:3
What are
the documents of Meḥoza?
In Meḥoza
they would
lend money to someone for him to use in a joint business venture, and
add the profits to the principal,
as though the transaction were already completed,
and they would write
the full sum owed, including the lender’s share of the profits,
in the document.
The reason it is prohibited to do this is that
who says there will be
any
profit?
It is possible that the borrower will suffer a loss or earn less than expected…
Bava Metzia 68a:7-12
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