Responsa for Bava Metzia 150:3
ר"ש אומר יש רבית דברים לא יאמר לו דע כי בא איש פלוני ממקום פלוני
THE FOLLOWING TRANSGRESS NEGATIVE INJUNCTIONS: THE LENDER, THE BORROWER, THE SURETY, AND THE WITNESSES; THE SAGES ADD, THE NOTARY TOO. THEY VIOLATE: THOU SHALT NOT GIVE [HIM THY MONEY UPON USURY],<span class="x" onmousemove="('comment',' Lev. XXV, 37. ');"><sup>5</sup></span> TAKE THOU [NO USURY] OF HIM,<span class="x" onmousemove="('comment',' Ibid. 36. ');"><sup>6</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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