Bava Metzia 75: Torah Scholars and Ribit; Changing a Contract

Today's daf shares three new Mishnayot.  The first teaches us that the rabbis and Hillel disagree about stringency regarding ribit, interest.  The rabbis say that one may not lend a kor of wheat now to be 'returned' after the harvest, but he may lend that wheat while for a short period of time.  Hillel disagrees.  His opinion is even more harsh: a woman may not lend a loaf of bread to be returned later unless the worth of the bread is measured and noted.  If the price of wheat increases, there is the risk that she will receive an interest payment in the future. The Gemara discusses the risks of ribit and the different considerations regarding unintentional payment of interest.

The rabbis have an interesting conversation about whether or not Torah scholars are permitted to lend/borrow slightly more or less that the exact amount owed. Because they are experts on the halachot of ribit, any deviation in payment would be considered to be a gift.  Examples are shared.  And perhaps Torah scholars should even permit ribit to demonstrate to their children how damaging that experience will be.  This is rejected by the rabbis, for it is possible that the children would come to see charging interest as a usual practice. 

A second new Mishna teaches us that one cannot arrange to do different forms of labour as a trade, even if the weather is similar on both days.  This is because one sort of work might be more difficult that another sort of work.  Further, one cannot offer a gift for that work -whether before or after the work is performed - as this appears to be a form of interest.  If such an agreement is made, the lender, borrower, guarantor and witness all transgress specific prohibition of ribit.

The remainder of the Gemara focuses on the seriousness of these transgressions.  The rabbis speak about those who cry out and will not be answered.  These are one who lends money without witnesses, one who acquires a master for himself, and one whose wife rules over him.  In discussing this last case, a note by Steinsaltz teaches that this refers to a man who has married a very rich woman.  If a woman's family's money follows her in to the marriage, she is placed in the position of mastery over her husband.   

At this point in our daf, we reach the beginning of Perek VI which focuses on the less formal business agreements between two parties.  Our final new Mishna teaches that when one hires artisans/labourers to complete a job and the job is done done due to grievances, he may hire new artisans/labourers at their expense or he may even lie to get them to complete the job agreed upon.  Examples of artisans here are flautists to play at burials or weddings, or labourers to work with flax soaking in vats before it is turned to linen.  

The Mishna continues: when an artisan/labourer reneges on his/her work, s/he is at a disadvantage, for the employer must not suffer a loss.  Similarly, an employer who reneges is also at a disadvantage.  These statements are based upon the principle that states: the partner who reneges on an agreement or changes the terms of a contract is at a disadvantage.