Bava Metzia

because he [the owner] is pleased that his slave does not become demoralized [through idleness]. But, he urged, that is only if one has no monetary claim upon him; since you, Sir, have a monetary claim upon them, it looks like usury. For R. Joseph b. Minyomi said in R. Nahman's name: Though it has been ruled, if one dwells in his neighbour's court without his knowledge, he is not bound to pay him rent; yet if he lent him [money] and then dwelt in his court, he must. He replied: Then I repent thereof. Abaye said: If a man had a claim of usury upon his neighbour, and the market price of wheat was four grivas  a zuz, whilst he [the debtor] gave him five; when we reclaim it from him,  we only reclaim four, but as for the other, he merely favoured him with a cheap rate.  Raba said: We reclaim five, because from the very outset he acquired it all as interest. Abaye also said: If a man had a claim of four zuz in interest upon his neighbour, and he gave him a garment for it, when we compel repayment, we make him repay four zuz, but not the garment.  Raba said: We compel him to return the garment. Why so? That people may not say, 'The garment he wears is a garment of usury.' Raba said: He who has a usury claim of twelve zuz upon his neighbour, and he [the debtor] rented him his court-yard, such as is generally let at ten zuz, for twelve; when we make him disgorge, we force him to repay twelve. R. Aha of Difti said to Rabina: But cannot he protest, 'When I rented it thus [at such a high rent], it was because I profited thereby;  now, however, that I do not profit, just at [the same rate] as all rent it, so will I'?  — Because he [the debtor] can say to him, 'You understood [its value] and accepted it [at twelve zuz].' MISHNAH. RENT MAY BE INCREASED, BUT NOT THE PURCHASE PRICE. E.G., IF A MAN RENTS HIS COURT, AND SAYS TO HIM [THE TENANT], 'IF YOU PAY ME NOW [FOR THE YEAR], YOU CAN HAVE IT FOR TEN SELA'S PER ANNUM; IF MONTHLY, AT A SELA' PER MONTH — THAT IS PERMITTED. IF HE SELLS HIS FIELD, AND SAYS TO HIM [THE PURCHASER], 'IF YOU PAY ME NOW, IT IS YOURS FOR A THOUSAND ZUZ; BUT IF AT HARVEST TIME, FOR TWELVE MANEHS'  — THAT IS FORBIDDEN. GEMARA. What is the difference between the first clause and the second? — Rabbah and R. Joseph both said: Rent is payable at the end [of the year]; hence, since it is not yet time to claim, it is not payment for waiting,  but this [a sela' per month] is its actual value; and as for his proposition, IF YOU PAY ME NOW [FOR THE YEAR], YOU CAN HAVE IT FOR TEN SELA' PER ANNUM, he is favouring him with a cheaper rent [than normal]. But in the second clause, the reference is to purchase, where the money is immediately due; therefore [the higher price] is payment for waiting, which is forbidden. Raba said: The Rabbis scrutinised this ruling, and based it on Scripture: As the hiring of a year in a year,  [which intimates,] the hire of one year is not payable until the next. BUT IF AT HARVEST TIME, FOR TWELVE MANEHS — THAT IS FORBIDDEN. R. Nahman said: An increased credit price  is permitted. Rami b. Hama, others Say, R. 'Ukba b. Hama, refuted R. Nahman: BUT IF AT HARVEST TIME, FOR TWELVE MANEHS — THAT IS FORBIDDEN? — He replied: There [the increase] was stipulated; here no stipulation is made. R. papa said: The increased credit price which I take is permitted.  Why? Because my beer will not deteriorate [if I keep it until Nisan], [and] I am in no need of money;  hence, I merely confer a benefit upon the purchaser [by letting him have it earlier]. But R. Shesheth the son of R. Idi said to R. papa: Why should you merely consider yourself? Consider them [the purchasers]: had they money, they would purchase at present prices; lacking it, they must buy it at the higher future prices.  R. Hama said: My increased credit price is certainly permitted.  Why? They are pleased that it shall remain in my ownership, so that wherever they go they are released from taxation and the market is held up for them.