POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Bava Metzia 63
BAVA METZIA 61,63,64,65 - Mrs. Estanne Abraham-Fawer has dedicated two weeks
of Dafyomi study material to honor the second Yahrzeit of her father, Reb
Mordechai ben Eliezer Zvi (Weiner, who passed away 18 Teves 5761). May the
merit of supporting and advancing the study of the Talmud be l'Iluy
1) RETURNING PRODUCE IN PLACE OF MONEY
(a) Answer #3 (Rava): The Mishnah is as R. Oshiya.
1. (R. Oshiya - Beraisa): Yehudah told Levi 'Give me
the Maneh you owe me so I can buy wheat'; Levi
answered 'I have wheat - I will give you a Maneh's
worth of my wheat at today's price'. The price of
wheat rose; Yehudah asked for the wheat in order to
(b) (Rava): We learn three things from R. Oshiya:
2. Levi: 'I have wine - I will give you wine equal in
value to your wheat at today's price'. The price of
wine rose; Yehudah asked for the wine in order to
3. Levi: 'I have oil - I will give you oil equal in
value to your wine at today's price'. In all these
cases, it is permitted if Levi has the produce.
i. When the Mishnah says 'he bought' - it means,
with the loan.
1. It is permitted to convert a loan into produce (if
the borrower has produce) - unlike the Beraisa Rabah
(c) (Rav): Amanah of produce (Reuven pays Shimon for produce
(at today's price), which Shimon will give later when the
price will be higher) is permitted;
2. It is permitted only if the borrower has the
3. R. Yanai, who says that the produce is as the money,
1. Amanah of money (Reuven pays Shimon for produce (at
today's price); later, when the price will be
higher, Shimon will pay Reuven the value of the
produce) is forbidden (since he gives and receives
money, it looks like usury).
(d) (R. Yanai): Getting back their value (in money) is as
getting back the produce - both are permitted.
(e) Question (against Rav - Beraisa): It is permitted (to
receive back money) if Levi has the produce.
(f) Answer #1 (Rav): The case is, he did Meshichah on the
produce (at the beginning - therefore, it was no longer
like a loan).
(g) Objection: If so, obviously it is permitted!
(h) Answer #2: Rather, the case is, he designated a corner of
the produce that will be Yehudah's.
(i) Answer #3 (Shmuel): The Beraisa is R. Yehudah, who
permits one-sided usury (a deal which will either end up
as a sale or as a loan)..
1. (Beraisa): Reuven owed Shimon 100; he said that if
he does not pay by a certain date, Shimon will get
his field. This is only permitted if Reuven eats the
produce in the interim (lest he will pay, and it was
always a loan, and Shimon's eating was usury);
(j) Question: On what do they argue?
2. R. Yehudah permits even if Shimon eats the produce
in the interim.
3. R. Yehudah: There was a case in which R. Elazar ben
Azaryah authorized the buyer to eat the produce!
4. Chachamim: No, the seller ate.
(k) Answer #1 (Abaye): One-sided usury.
(l) Answer #2 (Rava): They argue whether one may take usury
on condition to return it.
2) CONTRACTING TO SUPPLY PRODUCE
(a) (Rava): Since R. Yanai says that money is as the produce,
we may say that produce is as money, and we may contract
to supply produce for a set price even if the seller has
no produce (as long as there is a set price in the
3) THE GENERAL RULE OF USURY
(b) Question (Rav Papa - Beraisa): It is permitted only if
Levi has the produce.
(c) Answer (Rava): That refers to a loan; my law refers to a
(d) (Rabah and Rav Yosef): The reason Reuven may contract to
supply produce even if Reuven has no produce is because
Reuven does not give anything extra to the buyer - had
the buyer kept his money, he could have bought produce
(e) Question (Abaye): If so, a loan of a Se'ah on condition
to return a Se'ah should be permitted, for the borrower
does not give anything extra to the lender - it would not
(f) Answer (Rav Yosef): A loan is forbidden, we permitted a
(g) Question (Rav Ada bar Aba): But the buyer saves the fee
he would have had to pay someone to go to buy where the
produce is cheap!
(h) Answer #1 (Rava): Indeed, it is only permitted when the
buyer pays that to the seller.
(i) Answer #2 (Rav Ashi): (The sellers pay) the
donkey-drivers to seek the buyers.
(j) (Rabah and Rav Yosef): Reuven gave money based on the
(low) price of the first grain to reach the market - he
must see the seller thresh in the granary.
(k) Question: Why is this?
1. If to acquire it - seeing is not an acquisition!
(l) Answer: Really, it is so the seller will be cursed (if he
2. If so the seller will be cursed (He who punished...)
if he retracts - even if he does not go to see!
1. Buyers often give money to more than one seller
based on the price of the first grain - if he does
not come to the granary, the seller assumes that the
buyer preferred someone else's produce.
2. (Rav Ashi): Since this is the reason, the same
applies if they met in the market and the buyer said
that he expects to receive the produce.
(a) (Rav Nachman): The general rule of usury: any payment for
allowing one to borrow money for a period of time is
(b) (Rav Nachman): Wax was selling for 4 cakes per Zuz; one
seller offered 5 if the buyer would pay now and receive
the wax later - this is permitted only if he has wax now.
(c) Objection: This is obvious!
(d) Answer: The case is, the seller himself had already given
someone else money to receive wax. One might have
thought, this is as someone who borrows a Se'ah on
condition to return a Se'ah which he already has at home;
1. Rav Nachman teaches, this is not so - since he has
not collected his wax, it is as if he does not have