Commentary for Bava Metzia 62:15

אם יש שם ב"ד מתנה בפניהם: איסור ורב ספרא עביד עיסקא בהדי הדדי אזל רב ספרא פלג ליה בלא דעתיה דאיסור באפי בי תרי אתא לקמי' דרבה בר רב הונא א"ל זיל אייתי תלתא דפלגת קמייהו אי נמי

then Scripture saith. Give him by way of a loan. Whence do I know it if he possesses his own but does not desire to maintain himself [at his own cost]? From the verse, <i>'Thou shalt surely lend him'</i>.<span class="x" onmousemove="('comment',' Even then one must lend, and claim the return of his money after the borrower's death. This is the explanation in Keth. 67b. ');">²³</span> But according to R. Simeon, who maintained: If he has his own but refuses to maintain himself [therewith], we are under no obligation toward him, why state 'surely?'<span class="x" onmousemove="('comment',' v. p. 195. n. 2. ');">²⁴</span> — The Torah employs human phraseology. IF HIS LOST TIME IS WORTH A <i>SELA'</i>, HE MUST NOT DEMAND, GIVE ME A <i>SELA'</i>,' BUT IS PAID AS A LABOURER. A Tanna taught: He must pay him as an unemployed labourer. What is meant by 'an unemployed labourer?' — As a labourer unemployed in his particular occupation.<span class="x" onmousemove="('comment',' Lit., 'as a labourer unemployed in that work from which he was disturbed' (by having to return the lost article) and willing to take less for the lighter task of restoring lost property than for his usual more arduous occupation; cf. p. 398. n. 2. ');">²⁵</span> 'IF A <i>BETH DIN</i> IS PRESENT, HE MAY STIPULATE IN THEIR PRESENCE. Issur and R. Safra entered into a business partnership. Then R. Safra went and divided it [the stock] without Issur's knowledge in the presence of two people. When he came before Rabbah son of R. Huna,<span class="x" onmousemove="('comment',' For confirmation of his division, which was in order to dissolve their partnership. ');">²⁶</span> he said to him, 'Go and produce the three people in whose presence you made the division; or else

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