Bava Metzia

Now, the law is as R. Hama;  and the law is as R. Eleazar;  and the law is as R. Jannai, who said: What is the difference between them themselves [sc. the provisions] and the value thereof? MISHNAH. IF A MAN SOLD A FIELD, AND HE [THE BUYER] HAVING PAID PART OF THE PURCHASE PRICE, THE VENDOR PROPOSED, 'WHENEVER YOU DESIRE, BRING ME THE BALANCE AND TAKE YOUR OWN' [SC. THE FIELD], THAT IS FORBIDDEN.  IF HE LENT MONEY ON A FIELD AND SAID TO HIM [THE DEBTOR], 'IF YOU DO NOT REPAY ME WITHIN THREE YEARS, IT [THE FIELD] IS MINE' — IT BECOMES HIS; AND THUS DID BOETHUS B. ZUNIN DO, [ACTING] WITH THE APPROVAL OF THE SAGES. GEMARA. Who enjoys the usufruct? — R. Huna said: The vendor; R. 'Anan said: It is entrusted to a third party.  But there is no dispute: the former is the case if he stipulated, 'When you bring it [the balance], [then] acquire it;'  the latter if he stipulated, 'When you bring it, acquire it from now.' R. Safra learnt in the [collection of Baraithas on] usury of the School of R. Hiyya: Sometimes both [the vendor and the purchaser] are permitted [to enjoy the usufruct]; sometimes both are forbidden; sometimes the vendor is permitted and the purchaser forbidden; and sometimes the purchaser is permitted and the vendor forbidden.  Thereupon Raba explained: 'Sometimes both are permitted,' viz., if he stipulates, 'Acquire [forthwith] in proportion to your deposit;'  'sometimes both are forbidden,' if he stipulates, 'When you bring it [the balance], let it be yours from now;  'sometimes the vendor is permitted but the purchaser forbidden,' if he stipulates, 'When you bring it, [then] acquire it;' 'and sometimes the purchaser is permitted and the vendor forbidden,' if he states, 'Let it be yours from now, and the balance be a loan [from me to you].' Which Tanna holds that both are forbidden? — R. Huna the son of R. Joshua said: It does not agree with R. Judah; for were it in accordance with R. Judah — surely, he maintained that one-sided interest is permitted. If a man mortgages a house or a field, and he [the creditor] says to him, 'Should you wish to sell it, you must let me have it at this price [less than its value],' — that is forbidden: 'at its real value,' — that is permitted. Which Tanna maintains that [if he stipulates] 'at this price,' it is forbidden — R. Huna the son of R. Joshua said: It does not agree with R. Judah; for were it in accordance with him — surely he holds that one-sided interest is permitted. If he sells a house or a field, and says to the purchaser, 'When I have money, resell it to me,' — that is forbidden. [If the buyer says], 'When you have money, I will resell it to you,' — that is permitted.  With which Tanna does this agree? — R. Huna the son of R. Joshua said: Not with R. Judah; for if it agreed with him — surely he ruled that one-sided interest is permitted.  What is the difference between the first clause and the second? — Raba answered: In the second clause, he [the buyer] stipulated that it [the re-sale] should be voluntary. A man once sold an estate to his neighbour without surety.  Seeing that he [the purchaser] was disquieted, he said to him, 'Why are you disquieted? Should it be seized from you [for a debt of mine], I will repay you out of the best of my estate, [even] for your improvements and the crops.' Said Amemar: