Commentary for Bava Metzia 124:12

הרי לך אצלי בהן יין ויין אין לו והא בדינר זהב הכור וכן השער קתני אלא אמר רבא כי שכיבנא רבי אושעיא נפק לוותי

had come to his hand.<span class="x" onmousemove="('comment',' Now, had he actually received money, it would not be forbidden as interest despite the possible rise in the price, as on p. 372, n. 8, but as he receives no money, should he have to pay more later, the excess is usury; and it is likewise so in the Mishnah. ');">¹²</span> Abaye said to him: If the reason [in the Mishnah is that] it is not 'as though the <i>issar</i> had come to his hand,' why particularly [state the case] where he has no wine? Even if he has, it is also [forbidden]!<span class="x" onmousemove="('comment',' For in the Baraitha quoted, he actually has wheat, yet it is forbidden. ');">¹³</span> But, said Abaye, our Mishnah is as R. Safra learnt in the collection of Baraithas on interest of the college of R. Hiyya. For R. Safra learnt in the collection of Baraithas on interest of the college of R. Hiyya: Some things are [essentially] permitted, yet forbidden as [constituting] an evasion of usury. How so? If A requested B, 'Lend me a <i>maneh</i>;' to which he replied, 'I have no <i>maneh</i>, but wheat to the value thereof, which I will give you;' and thereupon he gave him a maneh's worth of wheat, [calculated on the current price] and repurchased it for twenty-four <i>sela's</i>;<span class="x" onmousemove="('comment',' A maneh contains 100 zuz, and a sela' = 4 zuz; hence 24 sela' = 96 zuz. The debtor, being in urgent need of the money, had to sell it for less than its real worth. ');">¹⁴</span> now, this is [essentially] permitted, yet may not be done on account of evasion of usury. So here [in the Mishnah] too: e.g., A said to B, 'Lend me thirty <i>denarii</i>,' to which he replied, 'I have not thirty <i>denarii</i>, but wheat for the same, which I can give you.' He then gave him thirty denarii's worth of wheat [calculated at the current price] and repurchased it for a gold <i>denar</i>.<span class="x" onmousemove="('comment',' I.e., 25 denarii, so that the debtor has to make, in addition to the gold denar which he received in cash, a return for their remaining five denarii, — a total of 30 denarii. ');">¹⁵</span> Now,<span class="x" onmousemove="('comment',' [When the creditor asks for the thirty denarii for the purpose of buying wine and the debtor offers to supply it.] ');">¹⁶</span> if the debtor has wine, which he gives him against the thirty <i>denarii</i>, he [the creditor] merely receives provisions from him, and there is no objection; but, if not, since he has no wine, to receive money certainly smacks of usury.<span class="x" onmousemove="('comment',' For the debtor actually received only 25 denarii, which the creditor paid him in cash for the wheat, whilst he repaid him 30 denarii. On this explanation, IF A MAN PURCHASED WHEAT AT A GOLD DENAR PER KOR, refers to the creditor as purchaser and the debtor as vendor. The rest of the Mishnah does not agree with this interpretation, and Raba proceeds to raise this objection. ');">¹⁷</span> Raba said to him: If so [instead of], GIVE ME MY WHEAT, the Tanna should state, 'Give me the money for my wheat'!<span class="x" onmousemove="('comment',' Since the creditor had previously given the wheat to the debtor, and was now demanding payment. ');">¹⁸</span> — Read: 'the money for my wheat.' [Instead of,] AS I WISH TO SELL IT, he should state, 'Which I sold you.' Read: 'which I sold you.' THE WHEAT SHALL BE ACCOUNTED AS A DEBT TO ME OF THIRTY <i>DENARII</i> — but from the very beginning, had it not been fixed thus against him?<span class="x" onmousemove="('comment',' I.e., this involves no new arrangement, as is implied in the Mishnah. ');">¹⁹</span> — He said thus to him, 'For the value of your wheat which you have accounted against me at thirty <i>denarii</i>, you have a claim of wine upon me', whereas he [the debtor] has no wine. But it is stated, [IF A MAN PURCHASED WHEAT] AT A GOLD <i>DENAR</i> PER <i>KOR</i>, WHICH WAS THE MARKET PRICE!<span class="x" onmousemove="('comment',' Whereas on this interpretation it is obvious that the creditor repurchased it at 25 when the current price was 30. ');">²⁰</span> But, said Raba,<span class="x" onmousemove="('comment',' The reading of R. Han. and Alfasi is: This refers to a case where he wishes to create a debt for its value, and as R. Oshaia taught; v. p. 372, n. 9. ');">²¹</span> when I die, R. Oshaia will come to meet me,<span class="x" onmousemove="('comment',' I.e., pay honour to me in the Great Beyond. ');">²²</span>

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