The Jerusalem Talmud Jerusalem Talmud Bava Metzia 5.6

English · Heinrich W. Guggenheimer

MISHNAH: One does not contract for produce until a rate was established. If he was the first to harvest, he may contract for the stack of sheaves, or the vat of grapes, or the barrel of olives, or for potter’s clay and lime when it was loaded in his oven. One may contract for manure the entire year; Rebbi Yose says, one may not contract for manure unless he has manure on his dungheap, but the Sages permit it. One contracts for wholesale price; Rebbi Jehudah says, even if one did not contract for wholesale price he may say to him, give me some like that or return my money. A person may lend to his sharecroppers wheat for wheat as seed grain but not as food; but Rebban Gamliel lent his sharecroppers wheat grain; if at high price and the rate went down or at low price and the rate went up, he took from them at the low rate, not because this is practice but because he wanted to be strict with himself.

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English · Heinrich W. Guggenheimer

HALAKHAH: “One does not contract for produce,” etc. May one contract based on Saracens’ rates? Rebbi Joḥanan says, one may contract; Rebbi Simeon ben Laqish said, one may not contract. Rebbi Abun bar Ḥiyya asked before Rebbi Ze‘ira: Would it not be reasonable that Rebbi Simeon ben Laqish agree with Rebbi Joḥanan about rates of Saracens of Sepphoris, since that is uninterrupted? Rebbi Abun bar Cahana said, I am wondering about what the rabbis disagree? Whether contracting for produce, or contracting for money, or a loan on produce? Rebbi Jeremiah said, they disagree about a loan, but about (a hostelry) [a contract] everybody agrees that it is forbidden. Rebbi Yose said, they disagree about a contract, but about a loan everybody agrees that it is permitted. In the House of Rebbi Yannai they said, one contracts for cattle feed. Rebbi Yose ben Ḥanina said, also on honeycombs. Rebbi Joḥanan said, in all villages near Tiberias one contracts once the rate was established at Tiberias.

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English · Heinrich W. Guggenheimer

“If he was the first to harvest, he may contract for the stack of sheaves,” etc. Rav said, if one processing stage was missing, one may contract; if several processing stages were missing, one may not contract. Rebbi Joḥanan and Rebbi Simeon ben Laqish both say, even if several processing stages were missing, one may contract. But the Mishnah disagrees with Rav: “If he was the first to harvest,” etc.

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English · Heinrich W. Guggenheimer

Abba bar Zamina gave a denar to the food merchant and took from him at the cheapest rate of the entire year. Rav did not agree. Rebbi Ḥiyya the Elder had flax. The donkey drivers wanted to buy from him. He told them, it is not my intention to sell this before Purim. They said to him, sell it to us now at the price which you would sell it for at Purim. He went to ask Rebbi, who told him, it is forbidden. He went out, formulated this in a baraita, and stated the following: “If one was owing money and the other wanted to take from him on the threshing floor, when he told him, credit it to my account by the market rate and I shall provide you all twelve months; this is forbidden for it is not as if the assarion came to his hand.” Rav said, my uncle Rebbi Ḥiyya will agree that if they paid him and he immediately acquired, then it is permitted. If he paid beforehand and acquired afterwards, it is permitted; if he acquired earlier and paid afterwards, it is forbidden.

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English · Heinrich W. Guggenheimer

Rebbi Eleazar invested a denar with a person and told him, what it earns between now and Ḥanukkah is mine [and yours], afterwards I do not have any part with you, whether they earn or lose it is yours. He wanted to give to him after Ḥanukkah but he did not accept. Rebbi Eleazar had misgivings because of “close to gain and far from loss,” as it was stated: “Close to gain and far from loss is the way of the wicked. Close to loss and far from gain is the way of the just. Close and far equally to both is the way of everybody.” Rebbi Isaac invested denars with a person. He wanted to stipulate as did Rebbi Eleazar but the other did not accept. Cahana invested 40 denars with a person to buy flax for him. Flax went up in price. He went to ask Rav, who told him to go and collect 40 large kor.

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English · Heinrich W. Guggenheimer

Rebbi wanted to permit the ocean’s absorption but Rebbi Ismael ben Rebbi Yose did not admit it; some say that Rebbi Ismael ben Rebbi Yose wanted to permit but Rebbi did not admit it. What is the ocean’s absorption? A person gave 100 denars to another. [He tells him, my yield is 20 denars. If it is less, it is on your account, if it is more, it is for your account. If it is lost, it is of both. Rebbi Ḥuna said,] for instance those who give merchandise to those who depart overseas to the stadia for two or three xestes. That is not interest but property.

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English · Heinrich W. Guggenheimer

Rebbi Yose and Rebbi Eleazar ben Azariah said the same thing, as we have stated there: “If he had little, he may continuously add to it, but Rebbi Eleazar ben Azariah says only if he raises or lowers it by three [hand-breadths] or puts it on a rock.”

Jerusalem Talmud Bava Metzia 5.6

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