Bava Metzia - Daf 70
- The allowance for יתומים to make an עיסקא which is קרוב לשכר ורחוק להפסד
The Gemara says that orphans’ money may be “lent out” in an עיסקא which is קרוב לשכר ורחוק להפסד - near to profit and far from loss, meaning they share in the profit, but not in the losses. Although this is Rabbinically forbidden, as taught below, it was permitted for orphans so they should not deplete their estate through living expenses. A Baraisa teaches: קרוב לשכר ורחוק להפסד רשע – one who makes an עיסקא which is near to profit and far from loss is a wicked person, because his advantage towards profit is considered interest on a loan (since he does not accept all liability). קרוב להפסד ורחוק לשכר חסיד – If the עיסקא is far from profit and near to loss is a pious person, by avoiding any semblance of ribbis. If it is equally close or far from profit as from liability, זו היא מדת כל אדם – this is the manner of every average person. Rabbah recommended investing orphans’ money with a wealthy person who owns gold fragments (which are certainly his, for no one deposits unidentifiable gold fragments with another), with an עיסקא that is קרוב לשכר ורחוק להפסד.
- The ownership of צאן ברזל re: ribbis and בכור
The next Mishnah states: אין מקבלין צאן ברזל מישראל – One may not accept property as a צאן ברזל arrangement from a Jew, מפני שהוא רבית – because the owner’s profits are ribbis. In this investment (lit. “iron sheep”), the manager accepts complete responsibility for all losses, and they divide the profits.
This Mishnah implies that the capital of this arrangement is ברשותא דמקבל קיימא – in the recipient’s possession, like a loan (and therefore subject to ribbis), and the Gemara asks that this contradicts another Mishnah, which teaches that if one accepts kosher animals with a צאן ברזל arrangement from non-Jews, ולדות פטורין מן הבכורה – the offspring are exempt from the law of bechor, because of the non-Jews’ ownership (Rashi says even the offspring of such offspring are exempt, although the Jew is entitled to half of them). This proves that the capital remains the first owner’s property!? Rava answers that since if the Jew does not pay the owner at the end of the term, he may seize the offspring, this lien is considered יד נכרי באמצע – “a gentile’s hand is in the midst,” which is exempt from bechor without actual ownership.
- Lending to a non-Jew with ribbis
The passuk says: מרבה הונו בנשך ותרבית – one who increases his wealth with נשך and תרבית, לחונן דלים יקבצנו – collects it for the poor (i.e., his money will be taken and given to the poor). Rav Nachman reported that Rav Huna said this punishment even applies to one who takes ribbis from non-Jews, which is Rabbinically forbidden. Rava asked him that the passuk says "לנכרי תשיך" – which presumably means you may take interest from a non-Jew. Since it is explicitly permitted by the Torah, the Rabbis would not forbid it!? He answered that the passuk means you shall pay interest to a non-Jew, teaching by implication that it is prohibited to pay ribbis to a Jew (adding a מצות עשה to the לאו). He was challenged from our Mishnah, which explicitly permits taking ribbis from a non-Jew, and two answers are given: (1) One may take בכדי חייו – enough for his livelihood, and (2) the Rabbis’ prohibition was so that the lender should not learn from the non-Jew’s ways and was never instituted for תלמידי חכמים. Another version of Rav Huna’s statement is presented, according to which taking ribbis from a non-Jew is permitted.
