Responsa for Bava Metzia 150:8
כי אתא רב דימי אמר מנין לנושה בחבירו מנה ויודע שאין לו שאסור לעבור לפניו ת"ל לא תהיה לו כנושה
It has been taught: R. Simeon said: Those who lend on interest lose more than they gain.<span class="x" onmousemove="('comment',' V. supra 71a: He who lends on interest, his wealth dissolves … and he sinks into poverty, never to rise again. ');"><sup>14</sup></span> Moreover, they impute wisdom<span class="x" onmousemove="('comment',' A euphemism for folly. ');"><sup>15</sup></span>
Teshuvot Maharam
Q. A claims that B lent him money on a pledge, and that when he came to redeem the pledge B exacted interest from him. Since he had contracted the loan directly from B, the latter was not allowed to take any interest on this loan. A, therefore, demands that B pay him back the interest. B, on the other hand, claims that the loan was originally contracted through a Gentile intermediary and that he was entitled, therefore, to the interest.
A. It is assumed that a person who might have gained an advantage by following a certain legal procedure, did not fail to follow such procedure. Since B could legally have been entitled to interest on his money had he granted the loan through a Gentile intermediary, we assume that he did grant the loan through such intermediary. Therefore, B is entitled to his interest and is not required to take an oath.
SOURCES: L. 197.
A. It is assumed that a person who might have gained an advantage by following a certain legal procedure, did not fail to follow such procedure. Since B could legally have been entitled to interest on his money had he granted the loan through a Gentile intermediary, we assume that he did grant the loan through such intermediary. Therefore, B is entitled to his interest and is not required to take an oath.
SOURCES: L. 197.
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