Commentary for Bava Metzia 135:14

<big><strong>גמ׳</strong></big> תנא כפועל בטל מאי כפועל בטל

and Amemar died.) 'Narshean tenancies': — for they wrote thus: A mortgaged his field to B, and then he [the debtor] rented it from him.<span class="x" onmousemove="('comment',' At a fixed rental, paid in produce. ');">¹²</span> But when did he [the creditor] acquire it, to transfer it to the debtor?<span class="x" onmousemove="('comment',' Hence it is direct interest thinly disguised. ');">¹³</span> Nowadays, however, that the note is drawn up thus: He [the creditor] hath acquired it from him, hath been in possession such and such a time,<span class="x" onmousemove="('comment',' Taking the usufruct at a fixed allowance on the debt. ');">¹⁴</span> and then re-rented it to him, so as not to shut the door in the borrowers' faces;<span class="x" onmousemove="('comment',' A proverbial expression. Unless the creditor received certain privileges, no man could ever borrow. ');">¹⁵</span> it is well. But, still this is no justification.<span class="x" onmousemove="('comment',' Hence even this practice is forbidden. ');">¹⁶</span> <b><i>MISHNAH</i></b>. A MAN MAY NOT COMMISSION A TRADESMAN ON A HALF PROFIT BASIS,<span class="x" onmousemove="('comment',' I.e., give him goods to sell in his shop and take half a share of the profits. Under this arrangement the retailer generally accepted complete responsibility for half the stock, and even if it depreciated, rendered payment in full. Consequently, the half is a loan, since its owner takes no risk whatsoever therein, and the labour of selling the second half for the owner's benefit is interest on the first, and hence forbidden. V. infra 104b. ');">¹⁷</span> NOR ADVANCE MONEY FOR PROVISIONS [TO BE SOLD] ON HALF PROFITS, UNLESS HE PAYS HIM A WAGE AS A WORKER. FOWLS MAY NOT BE SET TO BROOD ON HALF PROFITS,<span class="x" onmousemove="('comment',' I.e., one may not give eggs to a fowl keeper for hatching, the latter to receive half the profits, but on the other hand, take full responsibility for half the eggs. ');">¹⁸</span> NOR MAY CALVES OR FOALS BE ASSESSED THUS,<span class="x" onmousemove="('comment',' As before, one may not commission a farmer to breed them, to receive half the profits, whilst bearing full responsibility for the present value of half the stock. ');">¹⁹</span> UNLESS HE PAYS HIM FOR HIS LABOUR AND FOODSTUFFS. BUT CALVES AND FOALS MAY BE ACCEPTED [WITHOUT ASSESSING THEIR VALUE AT ALL] ON HALF PROFITS;<span class="x" onmousemove="('comment',' No value was attached to them at all, but when grown, the breeder received half their worth for his labour. On the other hand, when they perished, he bore no responsibility: consequently it did not come within the category of a loan. ');">²⁰</span> AND THEY ARE BRED UNTIL A THIRD GROWN; WHILST AN ASS IS BRED UNTIL IT CAN BEAR BURDENS.<span class="x" onmousemove="('comment',' It was customary to breed them to that stage before the profits were shared. ');">²¹</span> <b><i>GEMARA</i></b>. It has been taught: [Unless he is paid] as an unemployed worker.<span class="x" onmousemove="('comment',' Referring to the Mishnah. ');">²²</span> What is meant by, 'as an unemployed worker'? —

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