Wednesday, 30 November 2016

Bava Metzi 65: The Appearance of Interest; Delayed Payment

Some major points elucidated in today's daf:

  • It is important to avoid the appearance of charging interest
  • Mishna: 
    • an increase in rent can be imposed to begin at a later date
    • the sale of a home cannot be increased over time for that is too close to charging interest
  • Tarsha, tacit interest, is when an item is arranged to be sold at a later date/higher price as long as these details are not discussed
  • Most rabbis agree that tacit interest is permitted but some forbid it
  • Tacit interest is said to benefit the buyer
  • Mishna:
    • one cannot give a portion of the payment for a field and then claim ownership at a later date when the money is available
    • one is permitted to lend money based on the value of another's field and then contract to claim the field in the future if the money has not been repaid
  • the rabbis argue about whether or not the seller can benefit from these profits
  • benefit derived from the field might be counted as interest
Clearly the rabbis are concerned about both well-meaning people and devious people.  They create halachot that take into account the possible motivations of the buyer/seller while attending to the other halachot related to finance, property, ownership, interest, etc.


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