Soncino English Talmud
Bava Metzia
Daf 68a
that it should be redeemed at four zuz? So here too, it is in no way different. But he who holds it forbidden argues thus: 'a field of possession' is a matter of sanctification, which the Divine Law based upon [a fixed] redemption; here, however, it is a loan, and so it looks like interest. R. Ashi said: The elders of the town Mehasia told me that an unconditional mortgage is for a year. What is the practical outcome [of this fact]? That, if he [the creditor] has enjoyed the usufruct for a year he can be forced to quit, but not otherwise. R. Ashi also said: The elders of the town of Mehasia told me, What is the meaning of mashkanta [a pledge]? That it abides with him [the mortagee]. In respect to what has this a practical bearing? — In respect to [the right of] pre-emption. Raba said: The law permits neither the credit interests of R. papa, nor the bonds of the Mahuzeans, nor the Narshean tenancies. The credit interests of R. Papa means the credit sales arranged by R. Papa. 'The bonds of the Mahuzeans' they add the [estimated] profit to the principal and record it [the whole] in a bond; for who knows that there will be profit? Mar, the son of Amemar, said to R. Ashi: My father does so, but when they [his agents] come before him [and declare that they have earned no profit], he believes them. He replied: That is well whilst he is alive: but what if he dies and the notes are transferred to his heirs? (This [supposition] was 'an unwitting order which proceedeth from the ruler', and Amemar died.) 'Narshean tenancies': — for they wrote thus: A mortgaged his field to B, and then he [the debtor] rented it from him. But when did he [the creditor] acquire it, to transfer it to the debtor? Nowadays, however, that the note is drawn up thus: He [the creditor] hath acquired it from him, hath been in possession such and such a time, and then re-rented it to him, so as not to shut the door in the borrowers' faces; it is well. But, still this is no justification. MISHNAH. A MAN MAY NOT COMMISSION A TRADESMAN ON A HALF PROFIT BASIS, NOR ADVANCE MONEY FOR PROVISIONS [TO BE SOLD] ON HALF PROFITS, UNLESS HE PAYS HIM A WAGE AS A WORKER. FOWLS MAY NOT BE SET TO BROOD ON HALF PROFITS, NOR MAY CALVES OR FOALS BE ASSESSED THUS, UNLESS HE PAYS HIM FOR HIS LABOUR AND FOODSTUFFS. BUT CALVES AND FOALS MAY BE ACCEPTED [WITHOUT ASSESSING THEIR VALUE AT ALL] ON HALF PROFITS; AND THEY ARE BRED UNTIL A THIRD GROWN; WHILST AN ASS IS BRED UNTIL IT CAN BEAR BURDENS. GEMARA. It has been taught: [Unless he is paid] as an unemployed worker. What is meant by, 'as an unemployed worker'? —
Sefaria
Mesoret HaShas