Bava Metzia 78: אוֹ שֶׁנַּעֲשֵׂית אַנְגַּרְיָא

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According to the Mishnah on our daf if someone rents a donkey from his friend and it is taken as an angarya the owner can simply tell him that it is his responsibility and loss. If, however, the donkey dies or breaks a leg, then the owner is obligated to replace the animal according to their agreement.

An angarya is temporary forced labor that someone may be called upon to do for the king. It was fairly common for the king’s men to force laborers to leave their normal work and participate in various public works.

We continue our exploration of forced labor worldwide.

Bava Metzia 77: אַכְלוֹשֵׁי דְמָחוֹזָא

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When a casual work agreement is made between two people, there is no perceived need for a formal contract that includes all of the conditions and requirements of the work and the job that is to be completed. Our perek focuses on clarifying questions that arise from such informal agreements.

The case presented in the first Mishnah describes someone who hired workers ve-hit’u zeh et zeh – they deceived one another – they can complain, but there is no obligation to pay damages.

We continue with our daf where Rava taught a halacha regarding a hired worker who was hired for a day in order to do a specific job, and the task was completed in the middle of the day.

If the one who hired the worker has another job for him to do which is easier than the original job for which he was hired, the worker is expected to continue and do the second job as well.

If the only work to do is a task which is more difficult than the original job for which he was hired, the worker cannot be expected to do the second job. In this case, even though the worker is idle for part of the day, he must be paid full wages as originally agreed.

We continue to explore labor law today comparing Halachah with Islamic jurisprudence.

Bava Metzia 76: חָזְרוּ זֶה בָּזֶה

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Our daf offers us a deeper understanding of how labourers were treated in ancient Jewish society. Continuing with the Gemara based on yesterday's Mishna, the rabbis discuss what should be done when an agreement has been made between labourers and an employer. Whether or not those labourers are subcontractors, the rabbis are concerned about their payment.

We learned yesterday that in such a contract, the person who changes the contract and/or the person who reneges on the contract is at a disadvantage. This means that if there is a dispute regarding payment of wages or fees, the court will side with the person who is at an advantage. But what about situations where the work is completed early? What about cases where the work is easier or more strenuous that was believed when the contract was ratified?

We explore labor laws according to Jewish practice.

Bava Metzia 75: וְלִפְנֵי עִוֵּר לֹא תִתֵּן מִכְשׁוֹל

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Our Gemara brings a teaching by Rav Yehuda in the name of Rav that if someone lends money without having witnesses to the transaction, he transgresses the prohibition of lifnei iver lo titen mikhshol – do not put a stumbling block before the blind (Lev 19:14). Reish Lakish, quoting a passage in Psalms (66:11) adds that he brings a curse upon himself, since if the borrower denies receiving the loan, people will curse the lender, accusing him of falsely claiming that he is owed money.

We explore the implications of “lifne iver.”

Bava Metzia 74: אֶלָּא שֶׁרָצָה לְהַחְמִיר עַל עַצְמוֹ

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The Mishna had stated: If the seller was the earliest harvester [(meaning he was not a merchant who committed to supply wheat, but he actually had wheat), he can enter into a forward contract on his harvest (without having to wait for the market to set a price). This can also be done with vessels full of grapes or olives, on “eggs” of pottery (before they are made into pottery), and on plaster when going into the kiln.]

Rav said: If only two processes are missing before the goods are completed, a forward contract may be made (for then it is considered as if the goods are in his possession); if three are missing, no contract may be made.

Shmuel said: If the processes are to be done by the hands of man, even if a hundred are missing, a forward contract may be effected; if they are processes dependent on the hand of Heaven, even if only one is missing, no contract may be made.

We explore the world of sharecropping and metayage in antiquity and rural America.

Bava Metzia 73: כִּדְקָא אָזֵיל אַפַּרְווֹתָא דְזוּלְשְׁפָט

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Shmuel said to those who lend seed grain to the sharecroppers to be returned in new grain (which should be forbidden on account of lending a se’ah for a se’ah): Cultivate the land for yourselves in the field that you may solely own this portion of the land (and the seeds given back from this portion will be your seeds to begin with, and not a loan), for if not, it will be accounted as a loan to you, and therefore forbidden.

We explore the legal concept of adverse possession in Roman and Jewish law.

Bava Metzia 72: אֲפִילּוּ כַּדּוֹרְמוּס הַזֶּה

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Our mishnah teaches that one who wishes to advance money to a merchant in order for the merchant to provide him with produce at a later time may not fix a price for the purchase if the produce is not currently in the hands of the merchant or the market-price for the produce has not been set. The fear is that the buyer will give money to the merchant and then the produce will rise in value and it will be as if the buyer received a discount for having advanced the money. This is a form of interest since in return for giving his money in advance and letting the seller use them the buyer will get a greater deal of merchandise in return.

We explore the history of price-fixing in markets.

Bava Metzia 71: מַלְוֶה יִשְׂרָאֵל מְעוֹתָיו שֶׁל נׇכְרִי

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The passage in Sefer Shemot (22:24) teaches im kesef talveh et ami et he-ani imakh – “if you lend money to any of My people, even to the poor” – which is understood by Rav Yosef in the Gemara as teaching that lending to a Jewish person takes precedence over lending to a non-Jewish person; similarly lending to a poor person takes precedence over lending to a wealthy person.

We explore the history of Jewish Free Loan societies especially in early American history.

Bava Metzia 70: לַנׇּכְרִי תַשִּׁיךְ

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A new Mishna teaches us that a Jew may not care for the sheep of another as a guaranteed investment. This particular investment offers partial profit but full responsibility for the care of the animal - far too close to interest. This practice is permitted with non-Jews, for interest is not an issue.

One is not allowed to put money into a business venture where he shares in profits but not in losses or even where his proportionate share of profits is greater than that of his losses. The guaranteed part of the investment is then a loan, and its profit is a form of interest prohibited by the Sages.

We continue our exploration of the talmudic attitude to gentiles and usury in antiquity.

Bava Metzia 69: אַגְרָא וּפַגְרָא

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One may increase the rent for his land (although he intends to lend money to the renter), and he need not be concerned that this is interest.

What is the case? If one rents a field from his fellow for ten kor annually, and proposes, “Loan me two hundred zuz to improve the land, and I will pay you twelve kor annually,” it is permitted (for it is not a loan; rather, the renter is merely an agent of the landowner to improve the field). But an increased rental may not be offered for a store or a ship (if the money will be used for merchandise for the store or the ship; it would only be permitted if it would be used for the store or the ship itself).

And the men of pitch [benei kufera], i.e., sailors, are accustomed to paying rent at the time of pulling and paying for damage at the time of breakage.

"Men of Pitch” בְּנֵי כוּפְרָא allows us to explore the history of shipbuilding and the use of resins like pine tar.

Bava Metzia 68: דִּנְפִישׁ טִרְחֵיהּ

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A new Mishnah states that an investor cannot set up a storekeeper to sell his goods in order that the storekeeper should receive half of the profits.

[Being that the storekeeper is also responsible for half of the stock, even under forced circumstances, it is as if he is giving the storekeeper a loan in order that he should make money, which is deemed interest ]

The braisa states: [When the Mishna says he receives wages,] It means like a worker who is paid for his time (but he does not have to expend any effort). The Gemora asks: How is this applicable here (he has to put in effort to sell the fruit)?

Abaye says: It means that he is paid to rest from his difficult work and do this instead.

We return to the Halacha of Iska and Rav Lichtenstein’s analysis of the miderabanan innovations thereof.

Bava Metzia 67: בְּאַתְרָא דִּמְסַלְּקִי

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Does the law that asmachta is not a valid sale apply only to land or also to moveable property? If someone is allows someone to take something of theirs without complaining mechila and later finds out that it was a mistake, is this valid or not? Does it depend on the situation?

Cases are discussed regarding one who eats fruit off of property given to him as collateral – does it need to be returned or not (is it interest from the rabbis or from the Torah)?

We continue our exploration of medieval jewish money lenders and the tragic outcome in Vienna 1420.

Bava Metzia 66: אַסְמַכְתָּא קָנְיָא

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The Mishna had stated: If someone lends someone else using his field as security (and said to him, “If you do not pay me back within three years, the field (which is worth more than the value of the loan) will belong to me (the lender),” this is permitted).

Rav Huna said: If this stipulation (to give up the field) was made at the time of the loan, he (the lender) acquires it all (if he defaults on the loan – even if the field is worth more than the amount of the loan).

[This is not regarded as an asmachta (some type of commitment that a person undertakes only to convince the other party that he is serious regarding the deal). Rav Huna is of the opinion that an asmachta is not legally binding; however, here, when the borrower is benefitting from the lender, we assume that he is serious regarding his forfeiture of the field should he default on the loan.]

We explore the Halacha of Heter Iska.

Bava Metzia 65: אֶלָּא לִי בַּדָּמִים הַלָּלוּ

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As we have seen on the previous dapim, when offering a discount on a sale for pre-payment, there may be a problem of ribit (forbidden interest), since the pre-payment can be viewed as a loan, and by offering a discount, the merchant may be seen as repaying more than he received.

The Mishna on our daf teaches that there is a difference between offering a discount on rent and offering a discount on a purchase.

If one sold another a field and received partial payment, and then told the buyer that whenever he wants, he should bring the rest of the money and take the field, it is forbidden. If one made a loan to someone using his field as security, and he (the lender) said to him, “If you do not pay me back within three years, the field will belong to me, this is permitted.

This is how Baysos ben Zunin would lend money upon the advice of the Sages.

We continue our review of usury and predatory lending practices…

Bava Metzia 64: דִּמְרַקֵּיד בֵּי כוּבֵי עַבְדֵי

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Rav Yosef b. Minyumi in the name of R’ Nachman teaches that if Reuven lends money to Shimon, Reuven is not allowed to live in a house owned by Shimon without paying rent, as this would constitute a form of collecting interest for his having advanced a loan.

In fact, this is true even if Reuven has access to other lodging and he is not in need of a rented room, and Shimon is not looking to rent out his dwelling.

Although Reuven is not receiving any financial gain and Shimon is not providing any financial benefit, this is still prohibited.

We continue to explore the history of Jewish Banking.

Bava Metzia 63: מָה לִי הֵן וּמָה לִי דְּמֵיהֶן

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The Gemara teaches that according to Rebbi Yehudah, "Tzad Echad b'Ribis" is permitted. "Tzad Echad b'Ribis" refers to a transaction which can have two possible outcomes, one of which involves Ribis.

He maintains that a transaction that involves Ribis is prohibited only when Ribis definitely will be involved, but not when the presence of Ribis depends on the outcome of the transaction. The classic case of "Tzad Echad b'Ribis" is where a borrower gives his field to the lender and stipulates that if he does not repay the loan, the lender will acquire the field (for the money of the loan) retroactively.

In the interim, the lender eats the produce of the field. According to the Tana Kama in the Beraisa, this is forbidden as Ribis, because if the borrower pays back the loan on time and repossesses his field, the sale will be invalidated and all the fruit that the lender ate will have constituted Ribis.

We explore the world of Jewish banking fro the Czar to the British Mandate.

Bava Metzia 62: חַיֶּיךָ קוֹדְמִים לְחַיֵּי חֲבֵירֶךָ

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The Gemara asks: And Rabbi Yoḥanan, what does he do with this verse: “And your brother shall live with you”?

The Gemara answers: He requires the verse for that which is taught in a baraita: If twopeople were walking on a desolate path and there was a jug [kiton] of water in the possession of one of them, and the situation was such that if both drink from the jug, both will die, as there is not enough water, but if only one of them drinks, he will reach a settled area, there is a dispute as to the halakha.

Ben Petora taught: It is preferable that both of them drink and die, and let neither one of them see the death of the other. This was the accepted opinion until Rabbi Akiva came and taught that the verse states: “And your brother shall live with you,” indicating that your life takes precedence over the life of the other.

We explore the balance between loving one’s neighbor and self preservation in Halacha.

Bava Metzia 61: נֶשֶׁךְ בְּלֹא תַּרְבִּית

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Our new perek V discusses the laws of interest

The Mishna had stated: What is tarbis? One who increases his assets through produce.

The Gemora asks: Were all the cases stated previously not cases of ribbis?

Rabbi Avahu says: Until now we mentioned cases prohibited by Torah law. Now we are mentioning cases prohibited by Rabbinic law.

Rava asks why the Torah must give three specific prohibitions against stealing -- Ribis, Gezel, and Ona'ah, when one of them would suffice to teach the others. The Gemara concludes that in truth the prohibition of Gezel could have been derived from the prohibitions of Ribis and Ona'ah (through a Tzad ha'Shaveh).

The Gemara makes it clear that the prohibition of Ribis stems from the concept of Gezel. There are, however, other ways of understanding the nature of Ribis.

We begin an exploration of the halachot of Ribis.

Bava Metzia 60: מַתִּיר בְּדָבָר הַנִּטְעָם

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Steinsaltz write”

Who invented loss-leaders? Free giveaways? Sales promotions are not modern inventions – they have been with us since time immemorial.

The Mishna on our daf discusses these kinds of promotions and the permissibility of their use. We find that Rabbi Yehuda forbids a storekeeper from giving out treats to small children, since that will give him an unfair advantage. Similarly, he forbids a storekeeper from lowering his prices to attract clients, since he is taking them from his competitors.

We continue to explore a Jewish theory of economics.

Bava Metzia 59: לְעוֹלָם יְהֵא אָדָם זָהִיר בְּאוֹנָאַת אִשְׁתּוֹ

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Our daf continues with the theme that A man must be especially careful not to offend his wife with his words - or any other woman - because she may bring retribution on him with her tears. One must also be very careful about his wife's honor because a person's house is blessed only on account of his wife.

One must be very careful not to cause Ona'ah to his wife because her tears are frequent. (Shulchan Aruch CM 228:3)

Because a woman is naturally very soft and as a result of just a little bit of pain she cries and Hashem Yisbarach is Makpid on the tears because the gate of tears is never closed. (Sma)

We explore the complexity of marriage and spousal verbal abuse.