Bava Metzia - Daf 62
- חייך קודמים לחיי חבירך
The Gemara explains that Rebbe Elazar derives his ruling (that רבית קצוצה is refunded) from the passuk: "וחי אחיך עמך" – so that your brother may live with you, teaching: אהדר ליה כי היכי דניחי – return it to him so he will live. Rebbe Yochanan says this passuk is darshened in a Baraisa discussing two people who were traveling, and only one had a flask of water. If both drink from it, they will both die from thirst, but if one drinks it, he will survive to reach a settlement. Ben Petura ruled: מוטב שישתו שניהם וימותו – it is better that both should drink and die, ואל יראה אחד מהם במיתתו של חבירו – and neither of them should see his fellow’s imminent death. Rebbe Akiva came and taught that "וחי אחיך עמך" teaches: חייך קודמים לחיי חבירך – your own life takes precedence over your fellow’s life, and the owner should drink all the water himself to survive.
- Machlokes if the lender is exempt from malkus because of a קום ועשה
A Baraisa proves that ribbis is refunded to the lender, contradicting Rebbe Yochanan’s opinion. The Gemara answers that it is a machlokes Tannaim in a Baraisa: Rebbe Nechemiah and Rebbe Eliezer ben Yaakov exempt the lender and guarantor from malkus (for a loan with interest), מפני שיש בהן קום עשה – because they are subject to a requirement to “get up and do” a positive מצוה to rectify the violation. The Gemara assumes this means we force them to return the ribbis, rectifying their ribbis violation, and the Tanna Kamma, who holds they do receive malkus, holds they are not required to refund the ribbis.
The Gemara responds that it is possible that all hold like Rebbe Elazar, that ribbis must be returned, but this would not rectify the violation (just as a borrower is liable without “taking” someone’s money). Rather, the Baraisa means they tear up the שטר before collecting ribbis to avoid malkus. The Gemara explains the Tannaim hold שטר העומד לגבות – a document awaiting collection is not considered collected yet, which explains the Tannaim who exempt from malkus through destroying the שטר. The Tanna Kamma holds שומא מילתא היא – the placing of interest is itself a significant act which incurs malkus.
- דברים שהם מותרין ואסורין מפני הערמת רבית
The Mishnah on Daf 60b taught, as an example of תרבית, one who paid for wheat without receiving it, and the wheat’s value increased. The buyer asked for the wheat to sell it and buy wine, and the lender offered to sell him wine worth the wheat’s current value, but did not have wine then. The Gemara asks that another Mishnah permits purchasing produce in advance, even if the seller does not personally have it, once it is available at an established market price!? Rabbah’s answer is rejected, and Abaye explains the Mishnah based on a Baraisa: יש דברים שהם מותרין – there are things which are technically permitted, ואסורין מפני הערמת רבית – but are forbidden because they are an evasion of ribbis. Based on the Baraisa’s example, the Mishnah would be where someone asked to borrow thirty dinarim, and the lender said he did have the money available to lend, but could lend wheat worth thirty dinarim. The borrower, who needed cash, then sold the wheat to the lender for twenty-five dinarim. If the lender collects money at the end, it is prohibited because it appears that the loan and sale were to evade ribbis. If the borrower gives him wine, it appears like a sale and is permitted. Rava proves from the Mishnah’s language that this is not the Mishnah’s case and explains differently on the next Daf.
