1)

(a)The two examples the Mishnah gives to define 'Neshech' are when Reuven borrows ... 1. a Sela on condition that he pays back five Dinrim; 2. two Sa'ah of wheat on condition that he pays back three.

(b)When the Tana adds 'Mipnei she'Hu Noshech', he means that - he takes from him something that he did not give him (as if he takes a bite out of his flesh).

(c)'Tarbis' is Ribis in the form of Mekach u'Memkar [a business deal].

(d)There is no difference, regarding the latter, between money and Peiros (See Tos. Yom-Tov DH 'ha'Marbeh be'Peiros').

(e)The Halachic difference between Neshech and Tarbis is that - the former is Asur min ha'Torah - the latter only mi'de'Rabbanan.

2)

(a)The Mishnah's example of Tarbis begins with Reuven who purchases from Shimon wheat to the value of a golden Dinar - which is the equivalent of twenty-five regular (silver) Dinrim.

(b)When the Tana says 've'Chein ha'Sha'ar', he means that - that is the going rate.

(c)When, after the price of wheat has gone up to thirty Dinrim and Reuven asks him for his wheat in order to sell it and purchase wine with the proceeds, Shimon replies that - he owes him thirty Dinrim-worth of wine which he will now transfer into wine.

3)

(a)Shimon would have been permitted to give Reuven ...

1. ... his wheat and even to give him ...

2. ... wine to the value of thirty Dinrim.

(b)The problem is that - he doesn't have any wine ...

(c)... and it is forbidden (even though the price of wine is fixed) because of the possibility that the price of the wine might rise, in which case Reuven will receive more than he gave.

(d)It would be permitted however, if Shimon had wine, even if the price went up before he gave it to Reuven - because then it would be Reuven's own wine that went up in price (See Tos. Yom-Tov).

4)

(a)The Mishnah - prohibits a lender ...

1. ... to live in the borrower's Chatzer free of charge or ...

2. ... to rent the borrower's Chatzer for less than the going rate.

(b)If Shimon charges Reuven...

1. ... ten Sela'im per annum rent for his Chatzer if he pays immediately, and a Sela per month if he pays at the end of the year - this is permitted.

2. ... a thousand Zuz for his field (See Tos. Yom-Tov) if he pays immediately, and a twelve Manah 'at the barn' (at the end of the season) - it is forbidden.

(c)The basic difference between paying rental and paying for a purchase is - that payment of the former only falls due when the rental terminates (See Tos. Yom-Tov), whereas payment of the latter falls due immediately.

(d)Consequently ...

1. ... the former is permitted - since the real price is the final one, and the owner is merely making it cheaper for the renter if he pays earlier, whereas ....

2. ... the latter is forbidden - because the real price is the current one, and the owner is charging him more in the event that he pays him later.

(e)If he is selling him, not a field, but Metalt'lin - the same Din applies.

(f)The essence of the Isur of Ribis is - 'S'char Hamtanas Ma'os' (compensating the lender for having had to wait for his money).

5)

(a)The Tana rules that if Shimon pays Reuven half of the money for the field he has purchased, the latter is forbidden to tell him that may pay the rest whenever it suits him and take the field - on the additional condition that when he brings the balance, the field will belong to him retroactively from now.

(b)The problem assuming that, in the interim ...

1. ... Reuven eats the fruit is - that should Shimon ultimately pay the balance, the field will become his retroactively, and it will transpire that the fruit that Reuven ate is Ribis.

2. ... Shimon eats the fruit is - that should he fail to pay the balance, then the money that he paid Shimon will turn out to be a loan, and the fruit that he ate will therefore be Ribis.

6)

(a)Reuven is permitted to lend Shimon a sum of money against his field, on condition that if he fails to pay within three years, the field will become his, provided Shimon specifies that - the field will belong to him retroactively if he fails to repay the debt within three years.

(b)The transaction of the field would otherwise be invalid - because it is 'Asmachta' (an acquisition that is based on a doubt).

(c)The field (which is worth more than the loan) is not Ribis - because it turns out to have belonged to Reuven from the outset and the loan is its payment.

(d)The fruit in the interim - is deposited with a third person, which he will eventually give to whoever turns out to have been the owner of the field during the three year period (See Tos. Yom-Tov).

(e)The Tana cites Baytus ben Zonin - who used to lend money on the condition that the Mishnah just permitted.

7)

(a)The Mishnah forbids entering into a partnership with a storekeeper and to divide the profits. The case is - where Reuven gives Shimon (a storekeeper) a large stock of fruit to sell P'rutah by P'rutah, with the intention that they will subsequently split the profits.

(b)The prohibition is based on the fact that such a transaction is half loan, half deposit. What makes it half-loan is - the fact that Shimon undertakes to bear all losses (incorporating Onsin and a drop in price) on half of the Keren (that Reuven gave him).

(c)This is forbidden - because it transpires that Shimon is working on the half that is a deposit, as payment to Shimon for the other half that the latter has lent him.

8)

(a)The other similar case (See Tos. Yom-Tov) that the Tana includes in this ruling is - where Reuven gives Shimon money to purchase fruit and sell it on the same terms.

(b)The Mishnah permits it - provided Reuven pays Shimon for his work 'like a worker' ...

(c)... by which the Tana means that - if Shimon was a carpenter say, or a blacksmith, how much he would be willing to accept to switch to the easier business of buying and selling (See Tos. Yom-Tov).

9)

(a)In similar vein, the Mishnah forbids (on the same conditions) ...

1. ... 'to place chickens' - meaning where Reuven gives Shimon eggs for his chickens to hatch or ...

2. ... 'to 'assess calves or foals' - where Reuven evaluate them, before giving them to Shimon to look after, and dividing them when they have grown-up and their value has increased.

(b)They are both permitted - provided Reuven pays Shimon for his work (like a worker [See Tos. Yom-Tov]) and the cost of the fodder for the animals and the chicks.

(c)Reuven may give Shimon give calves or foals to look after in order to share the profits in any case - if he does not assess their value at the outset (See Tos. Yom-Tov).

(d)They agree to share the profits of ...

1. ... the calves or foals - when they have reached a third of their full growth (See Tos. Yom-Tov).

2. ... a donkey - when it is able to carry loads (See also Tos. Yom-Tov).

10)

(a)After the prohibition against 'assessing calves foals and young donkeys', the Mishnah permits 'assessing cows and grown-up donkeys' - since Shimon is able to work with them and all the benefits from them will go to him.

(b)In some places, the Minhag is to divide the babies immediately when the time of the division falls due. This means, regarding ...

1. ... small animals - after thirty days.

2. ... large animals - after fifty days.

(c)The alternative Minhag is - to wait until they grow up before dividing them.

11)

(a)Raban Shimon ben Gamliel says 'Shamin Eigel im Imo u'Sayach im Imo' - if Reuven assesses a calf or a foal together with its mother, he does not need to pay Shimon for the work and the fodder that it requires (See Tos. Yom-Tov).

(b)The Tana Kama - rules that he does (Ibid.)

(c)The Halachah is - like the Tana Kama.

12)

(a)A 'Choker' is - someone who works in the owner's field for a fixed amount of produce that he is obligated to pay annually.

(b)The Mishnah permits him to be 'Mafriz - to expand (or Mafrin - [to increase]) al Sadeihu'.

(c)The case is where Shimon receives Reuven's field ba'Chakirus - and he asks him to lend him two hundred Zuz in order to improve the field, which he promises to pay back later, as well as twelve Kur of produce instead of the usual ten.

(d)The two extra Kur of produce is not Ribis - because since the loan enabled him to improve the quality of the produce, it is as if he is paying him two extra Kur because he received a better quality field.

13)

(a)The Mishnah forbids receipt of Tzon Barzel from a Yisrael. This is - where Shimon accepts Reuven's assessed fruit to sell for him with a view of sharing the profits, and where he accepts full responsibility for all losses.

(b)The problem with the fact that the Tana mentions this Halachah is that - if, as we learned earlier, this is forbidden even where Shimon accepts half the Achrayus, it is obvious that it is forbidden if he accepts full Achrayus.

(c)He sees fit to mention it - on account of the Seifa - which permits receiving Tzon Barzel from a Nochri (See also Tos. Yom-Tov).

14)

(a)The Tana permits both ...

1. ... borrowing from Nochrim and ...

2. ... lending them on interest.

(b)He also discuses a 'Ger Toshav' - a Nochri who undertakes to keep the seven Mitzvos B'nei No'ach, but who continues to eat Neveilos ...

(c)... whom he incorporates in the current ruling.

15)

(a)The Mishnah concludes 'Malveh Yisrael Ma'osav shel Nochri mi'Da'as ha'Nochri, Aval Lo mi'Da'as Yisrael' - where Reuven borrows money from a Nochri on interest and when he is about to return it, Shimon asks him to lend the money to him on the same terms as he borrowed it from the Nochri.

(b)The Tana - permits it 'mi'Da'as ha'Nochri' (if Shimon receives the money from Reuven in the Nochri's presence (See Tos. Yom-Tov), but forbids if it is not (See also Tos. Yom-Tov) ...

(c)... because then - in effect, he is borrowing from Reuven on interest.

16)

(a)Reuven is permitted to give money to Shimon in advance for fruit at a fixed price - provided the market-price has been fixed ...

(b)... even if Shimon does not have the fruit - since if Shimon doesn't have it, it is readily available from somebody else.

(c)It is otherwise forbidden (See Tos. Yom-Tov) - since, if the market-price turns out to be higher than the price that he paid, it will transpire that Reuven paid a lower-price on account of his money which was in the hands of Shimon; and that is Ribis.

17)

(a)The Mishnah permits Reuven, who arrives early at Shimon's stack of wheat, to pay him in advance at any price that they fix - because, since Shimon has the wheat in stock, Reuven acquires the stack immediately, and should the price go up, it is his own wheat that went up in price (See Tos. Yom-Tov).

(b)The same, says the Tana, applies to where he arrives early at Shimon's ...

1. ... 'Avit shel Anavim' - a large pot in which the grapes are piled up and which become hot, making it easier to extract the wine when they are ultimately pressed.

2. ... 'Ma'atan shel Zeisim' - the equivalent of olives to the pot of wine.

3. ... 'Beitzim shel Yotzer' - eggs made from clay, from which one manufactures earthenware vessels.

(c)When the Tana adds 'Sid mi'she'Shak'o ba'Kivshan', he means to say that lime is considered in his possession from the time that he places wood and limestone in the oven to make lime.

18)

(a)When the Tana Kama permits 'fixing a price' on animal dung all year round - he is coming to permit fixing a price on animal dung at any time, even if Shimon does not possess any ...

(b)... because even if he does not possess any, there are plenty of others who do.

(c)Rebbi Yossi permits it - only if Shimon actually has some in his trash-heap.

(d)The Chachamim permit it anyway - but only in the summer, when everybody possesses dung that has rotted and has been trodden during the winter.

19)

(a)The Mishnah permits fixing like the 'high market-price' - by which it mean that should the price go down, Reuven will receive more fruit for his money according to the new price ...

(b)... with reference to the Reisha, where the transaction takes place after the market price has already been announced.

(c)And the Tana is now coming to teach us that - provided the market-price has been announced, Reuven is permitted to stipulate in advance that he will receive his fruit according to the new price should the price drop (and according to the current price should it rise).

20)

(a)Rebbi Yehudah permits Reuven to say to Shimon - 'Either give me my fruit according to the new price or give me my money back!' even if he did not initially stipulate like the high market-price (See Tos. Yom-Tov) ...

(b)... since he did not yet make a Kinyan on the fruit.

(c)Nor is he subject to a 'Mi she'Para' - since he did not pay in order to receive the fruit now, only later ...

(d)... because people tend to pay in advance, having in mind that should the price drop, they will receive the fruit according to the lower price.

(e)The Halachah is - like the Tana Kama.

21)

(a)When someone employs an Aris (a sharecropper) - it is the sharecropper who normally provides the seeds.

(b)If the Aris does not have seeds to plant - the employer generally provides him.

(c)The Mishnah permits the owner to lend the Aris a Sa'ah of seeds, which the latter will return at the end of the season - provided he uses it for planting (and not for eating).

(d)It is not Ribis - because it is as if the Aris undertakes to work the field on condition that he will receive a Sa'ah less than other Arisin.

22)

(a)The Tana cites Rabban Gamliel, who used to lend his Arisim 'Sa'ah be'Sa'ah' - and whether the price went up or down, he always took the lesser amount (See Tos. Yom-Tov) from them ...

(b)... not because he was Chayav to do so, but - because he was strict on himself.

23)

(a)Reuven is forbidden to ask Shimon for a Kur of wheat which he will repay at the end of the season (See Tos. Yom-Tov); the Tana Kama - permits him however, to borrow it until his son arrives or until he finds the key ...

(b)... because he has wheat, and the Rabbanan only forbade Sa'ah be'Sa'ah if he doesn't (See also Tos. Yom-Tov).

(c)And they permit it - even if he possesses only a Sa'ah of wheat against the Kur that he borrows, because we consider each Sa'ah that he borrows as if it corresponds to the Sa'ah that he has, in which case he borrows it be'Heter.

24)

(a)Hillel rules that ...

1. ... the previous case is forbidden.

2. ... a woman is forbidden to borrow a loaf of bread from her friend, unless they have assessed its value ...

(b)... in case the price of wheat goes up, and the borrower returns more than what she borrowed.

(c)The Halachah is - like the Chachamim, that one may borrow and pay back a loaf of bread (and the like) without first assessing its value (See Tos. Yom-Tov DH 've'Chein Hayah Hillel ... ').

25)

(a)'Nichuch' is - weeding, and 'Idur' - digging.

(b)The Mishnah - permits Reuven to say to Shimon 'Weed for me today and I will weed for you tomorrow', or 'Dig for me today and I will dig for you tomorrow'.

(c)He is not however, permitted to say to him - 'Dig for me today and I will weed for you tomorrow (or vice-versa ...

(d)... because sometimes the one turns out to be more difficult than the other (See Tos. Yom-Tov), in which case it is Ribis.

26)

(a)'Yemei Garid' (See Tos. Yom-Tov) means - summer and 'Yemei Revi'ah' - winter (Ibid.).

(b)When the Tana says that 'All the days of the Garid and of the Revi'ah are one', he means that - in the first of the above rulings, the one may repay the other on any day of the same season, in spite of the fact that one day is a little longer that the other.

(c)He forbids Reuven to say to Shimon 'Plow with me in the summer and I will plow with you in the winter' - since the latter is more difficult than the former (See also Tos. Yom-Tov).

(d)The other way round - is permitted.

27)

(a)'Ribis ...

1. ... Mukdemes' is - Ribis that precedes the loan (where Reuven sends Shimon a gift with the express intention of borrowing money from him.

2. ... Me'ucheres' is - a gift that he gives him after the loan (specifically on account of the loan).

(b)Rabban Gamliel rules that Ribis Mukdemes and Ribis Me'ucheres - are prohibited (See Tos. Yom-Tov).

(c)Rebbi Shimon adds Ribis Devarim to the list of prohibitions. An example of Ribis Devarim is - where the borrower informs the lender that so-and -so has arrived in town (See also Tiferes Yisrael & Tos. Yom-Tov).

28)

(a)Besides the guarantor and the witnesses - the Malveh (the lender) and the Loveh (the borrower) transgress a La'av by a loan involving Ribis, according to both the Tana Kama and the Chachamim.

(b)The Chachamim adds to the list - the Sofer.

(c)The La'avin include "es Kasp'cha Lo Sitein lo be'Neshech", "Lo Tikach me'Ito Neshech ve'Sarbis", "Lo Sih'yeh lo ke'Nosheh" (Mishpatim), "Lo Sasimun alav Neshech" and "Lifnei Iver Lo Sitein Michshol" (Kedoshim). "es Kasp'cha Lo Sitein lo be'Neshech", "Lo Tikach me'Ito Neshech ve'Sarbis" and "Lo Sasimun alav Neshech" are written - in B'har.

(d)Basically "Lo Sesimun alav Neshech" - is a prohibition against entering into a transaction involving Ribis.

(e)The one who transgresses all the above La'avin is - the Malveh (See Tos. Yom-Tov).

29)

(a)Besides "Lo Sachich le'Achicha" and "le'Nochri Sashich u'le'Achicha Lo Sashich", the Loveh transgresses - "Lifnei Iver ... ".

(b)The Areiv (guarantor) and the two witnesses transgress - "Lo Sasimun alav Neshech" (See Tos. Yom-Tov).

(c)The Sofer transgresses 'Lo Sesimun" and (sometimes) "Lifnei Iver", too [See Tos. Yom-Tov]).