Bava Metzia - Daf 68
- חכירי נרשאי: leasing a משכנתא back to the borrower for a fixed amount
Rava prohibited several practices because of ribbis, including חכירי נרשאי – Narashan leases, which state in the collateral document: משכן ליה פלניא ארעיה לפלניא – Ploni (the borrower) pledged his land to Ploni (the lender), והדר חכרה מיניה – and then leased it back from him for a fixed yearly amount, possibly more than yearly deduction from the debt. Although a משכנתא may be permitted with yearly deductions, this lease is prohibited, because people will say: אימת קנאה דאקנייה נהליה – when did [the lender] acquire it that he can [lease] it to [the borrower]? Although he legally possessed the land, and may lease it to anyone, leasing it back to the borrower gives the impression that the lender never took it, and the lease amount is ribbis. The Gemara says that nowadays, that the collateral document states that the lender acquired the land, occupied it for some time (Rashi says three years), and then leased it, it was permitted, כדי שלא תנעול דלת בפני לווין – in order not to close the door in borrowers’ faces. However, the Gemara concludes that even this is prohibited.
- עיסקא
The next Mishnah states: אין מושיבין חנוני למחצית שכר – One may not set up a storekeeper with goods which he will sell for him for half the profit, nor can one give someone money to buy goods and sell them for half the profit, אלא אם כן נותן לו שכרו כפועל – unless he gives him wages like a worker. This is the arrangement of "עיסקא" – business, in which one person provides the goods or capital, and the other sells the goods, and they divide the profit. The managing partner assumes liability for half the losses of the goods, which renders that half a loan, and he only retains profit from the half loaned to him. Therefore, his selling the goods of the other half is providing a free service for the lender, and constitutes ribbis, unless the managing partner is paid wages for his service. A Baraisa teaches that he is paid כפועל בטל – like an idle worker, and Abaye explains: כפועל בטל של אותה מלאכה דבטל מינה – like a worker who is idling from the specific work he is abstaining from to sell goods instead. His pay is determined by how much less pay he would accept to do lighter work than his usual work.
- Machlokes how much the managing partner must be paid for עיסקא
In a Baraisa, Tannaim dispute how much the managing partner must be paid to permit עיסקא. Rebbe Meir says: בין מרובה ובין מועט – Any amount is sufficient, whether a lot or a little. Rebbe Yehudah says: אפילו לא טבל עמו אלא בציר – even if he merely dipped food in fish sauce with [the one providing the capital], ולא אכל עמו אלא גרוגרת אחת – or only ate one dried fig with him, זהו שכרו – this is sufficient for his wage. Rebbe Shimon ben Yochai says: נותן לו שכרו משלם – he must be paid his full wages, which Rashi explains to mean like a פועל בטל, as the Baraisa taught above. In another Baraisa, the Tanna Kamma says עיסקא is prohibited (without paying the manager) with goats, sheep, or anything that does not work but eats (a working animal is permitted, because its work provides profit). Rebbe Yose bar Rebbe Yehudah permits goats, sheep, and hens for עיסקא, because they produce milk, wool, and eggs, respectively, which qualify for the manager’s wages. The Gemara explains that all agree that normal shearings and milk are sufficient, and they argue בנסיובי ותותרי – regarding whey and [wool] shed through rinsing and pulling of thorns. Their argument parallels the above machlokes between Rebbe Shimon ben Yochai and Rebbe Yehudah.
