Torah Community Connections

Week 101 - Tuesday - 30 October 2001

BAVA METZIA: CHAPTER 5: MISHNAH 11

These transgress a prohibition: the lender, the borrower, the guarantor, and the witnesses; and the Sages say, The scribe also. They transgress "You shall not give" (Lev. 25:37), and "Do not take from him" (Lev. 25:36), and "You shall not be to him as a creditor" (Ex. 22:24), and "Nor shall you place upon him interest" (ibid.), and "You shall not put a stumbling block before the blind, but you shall fear your God: I am the Lord" (Lev. 19:14).

Kehati

This mishnah teaches that everyone who has any connection with a loan bearing interest transgresses Torah prohibitions.

These transgress - with a loan bearing interest - a prohibition – as will be explained below. The lender, the borrower, the guarantor, and the witnesses - to the loan, and the Sages say, the scribe - who writes the promissory note - also. They transgress: "You shall not give - him your money on interest, nor give him your food for increase." Rambam writes that this verse constitutes two prohibitions (Hil. Malveh u-Loveh 4:2); "Do not take from him - any interest or increase"; "You shall not be to him as a creditor" - for the one who lends for interest presses the borrower to repay when the repayment date arrives, and the borrower also presses himself to repay quickly, so that he will not continue to pay interest (Tosefot Yom Tov and Tiferet Yisrael);

"Nor shall you place upon him interest," and "You shall not put a stumbling block before the blind, but you shall fear your God: I am the Lord" - The Gemara explains that the lender transgresses all the prohibitions listed in the mishnah; the borrower transgresses "You shall not lend on interest to your brother" (Deut 23:20), which was interpreted to mean, You shall not cause your brother to lend on interest to you, as well as "To your brother you shall not lend on interest" (Deut. 23:21), and "You shall not put a stumbling block before the blind," by causing the lender to take interest from him; the guarantor and the witnesses transgress only "Nor shall you place upon him interest"; according to the Sages, the scribe also transgresses "Nor shall you place upon him interest." Some commentators interpret the plural form of the verb in "Nor shall you place upon him interest" (changed from the singular verb forms used in the other injunctions) as an allusion to the inclusion of all the participants in this injunction (Torah Temimah).

BAVA METZIA: CHAPTER 6: MISHNAH 1

If one hired artisans and they deceived one another, they have only resentment against each other. If one hired an ass-driver or a potter to bring carriers and pipers for a bride or for a dead person, or workers to take out his flax from steeping, or any thing which will be lost, and they retracted, if it were a place where there is nobody, he may hire on them, or he may deceive them.

Kehati

If one hired artisans and they deceived one another - The Gemara explains that the workers deceived one another, e.g., the proprietor told one of them to hire workers for four dinars a day, and he went and hired them for three dinars a day - they have only resentment against each other - since they agreed to accept the work for three dinars a day, the proprietor is only obligated to pay them three dinars a day. The workers have only resentment against their fellow who deceived them, who prevented them from receiving an additional dinar a day. The Gemara contains another interpretation for "and they deceived one another": i.e., the craftsmen retracted before they began their work, and did not want to do it, or the proprietor retracted, e.g., he sent them an announcement to this effect before they went to the work site (Gemara); in such a case, "they have only resentment against each other."

If one hired an ass-driver - who transports a burden on his ass, or a potter (kadar) - most commentators read this as "or a coachman (karrar)" - to bring carriers - polished, fine wood, for a litter (Rashi) - and pipers for a bride - to gladden the bride and groom - or for a dead person - to eulogize and lament for him with pipes (see Mishnah Ket. 4:4) - or - he hired - workers to take out his flax from steeping - i.e., from the water in which flax is soaked to soften it. If he does not take the flax out in time, it will rot, or - to do - any thing which will be lost - if he does not do it at the proper time - and they retracted - i.e., they do not want to do the work - if it were a place where there is nobody - i.e., where he cannot find other laborers to work for the wages upon which he had agreed with the original laborers - he may hire - other laborers - on them - at their expense, i.e., he hires them for more money, even for double the amount agreed upon with the original laborers, who must pay this addition - or he may deceive them - i.e., promise to give them additional wages, but gives them only what had been agreed upon initially.

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