Bava Metzia - Daf 72
- If a non-Jewish lender or borrower of ribbis converts
It was taught in a Baraisa that if a Jew borrowed from a non-Jew with ribbis, and the total principal with interest was rewritten as a new debt, and afterwards the non-Jew converted, he can collect the full amount, including the ribbis. If he converted before it was established as a new loan, he cannot collect the ribbis. The Tanna Kamma says the same rules apply where a non-Jew borrowed from a Jew with ribbis and converted. Rebbe Yose says that even if the borrower converted before the ribbis was established as a new loan, the lender can still collect the ribbis. Rav Huna said the halachah follows Rebbe Yose, and Rava explained his reason: כדי שלא יאמרו – so that people should not say, בשביל מעותיו נתגייר זה – this person converted because of his money, i.e., to avoid paying interest.
- Machlokes if קנסינן התירא אטו איסורא regarding a שטר שכתוב בו רבית, and שטר מוקדם
It was taught in a Baraisa: שטר שכתוב בו רבית – regarding a document in which is written a ribbis obligation, Rebbe Meir says: קונסין אותו – we penalize [the lender], and he cannot even use the שטר to collect the principal. The Chachomim say that he may use the שטר to collect the principal, but not the interest. The Gemara explains that Rebbe Meir holds: קנסינן התירא משום איסורא – we penalize something permitted because of something prohibited he attempted to do, and the Chachomim hold we do not penalize the permitted part of the שטר. A Mishnah states: שטרי חוב המוקדמין פסולין – predated documents of debt are invalid, because the שטר can be used to illegitimately collect property sold by the borrower earlier than the debt began. The Gemara asks that although it may not be used to collect from the inaccurate recorded date, let it be used to collect from the true date of the debt!? Reish Lakish answers that this Mishnah reflects Rebbe Meir’s opinion, who penalizes the permitted use of the שטר because of its prohibited part. Rebbe Yochanan says the Chachomim agree here: גזירה שמא יגבה מזמן ראשון – it is a decree, because [the lender] might collect from the first date with it.
- פוסקין על הפירות
The next Mishnah states: אין פוסקין על הפירות עד שיצא השער – One may not purchase produce in advance at a fixed price until a steady price emerges, because the buyer’s benefit of a fixed price is ribbis for his advance payment. יצא השער פוסקין – Once a steady price has emerged, one may purchase in advance for that price, ואף על פי שאין לזה יש לזה – and although [the seller] does not currently have the produce, someone else has it, and since the seller can theoretically purchase the produce now at the current price, we are lenient regarding ribbis d’Rabbonon. Even without a market price, one may make an advance purchase if the seller himself has the produce, even in an unfinished form. Rav Assi said in Rebbe Yochanan’s name that a שער שבשוק – market price is insufficient for advance purchases, meaning local town market prices, דלא קביעי תרעייהו – because their price is not steady. He agrees that the price of the דורמוס – central market is adequate. Later, Rav Huna concludes that one may even borrow money with an agreement that if he does not pay on time, the lender receives produce equal to the loan amount according to the initial fixed price: הא חיטי בהיני והא חיטי בשילי – there is wheat available in Hini and Shili; אי בעי זבני ופרעי ליה – if [the borrowers] want, they can go there and buy it and repay their debt.
