Bava Metzia

If he [the debtor] admits the genuineness of a bond, he [the creditor] need not confirm it'  and can collect [his debt] from mortgaged property [sold after the debt was contracted]!  Thereupon Raba said to him: How compare? There it is permissible to write it, but here it is not permissible to write it at all!  Now, Meremar sat and recited this discussion, whereupon Rabina said to Meremar: If so, when R. Johanan said;  It is a precautionary measure, lest he exact his debt as from the earlier date, — let us say that it was not permissible to write it at all! — Said he: Is there the least analogy? There, granted that it was not permissible to write it from the earlier date, it was permissible to write it from the later date; but here it was not permissible to write it at all. But surely with respect to that which has been taught: As to claims for land improvement,  e.g., if one took away unlawfully a field from his neighbour and sold it to another, who effected improvements therein, and then it was seized from him [by the first owner], when he [the buyer] exacts [his due from the robber], he may collect the principal [even] from mortgaged property [that has since been sold], but the improvements only from the free [i.e., unsold] property  — let us say that it [the deed of sale] was not permissible to be written at all!  — How now? There, whether on the view that he [the vendor] is anxious not to be called a robber, or on the view that he is desirous of retaining his [the purchaser's] trust,  he seeks to pacify the first owner, so as to validate the deed.  Here, however, it was his purpose to save it from his clutches, shall he then validate the deed? MISHNAH. A MAN MUST NOT FIX A PRICE FOR PRODUCE UNTIL THE MARKET PRICE IS KNOWN; ONCE THE MARKET IS ESTABLISHED, A FIXED PRICE MAY BE AGREED UPON, FOR EVEN IF ONE HAS NO STOCK, ANOTHER HAS. IF HE WAS OF THE FIRST HARVESTERS, HE [THE BUYER] MAY ENTER INTO A CONTRACT FOR [THE CROPS IN] THE STACK,  THE BASKET OF GRAPES,  THE VAT OF OLIVES,  POTTERS' LUMPS OF CLAY,  AND FOR LIME WHEN IT HAS ALREADY BEEN PLACED IN THE KILN.  ONE MAY ALSO MAKE A FIXED CONTRACT FOR MANURE FOR THE WHOLE YEAR. R. JOSE MAINTAINED: NO CONTRACT FOR MANURE MAY BE ENTERED INTO UNLESS HE [THE VENDOR] HAS THE MANURE IN DUNG PITS; BUT THE SAGES PERMIT IT. AND ONE MAY ALSO BARGAIN FOR THE LOWEST PRICE.  R. JUDAH SAID: EVEN IF HE DID NOT STIPULATE FOR THE LOWEST PRICE, HE MAY DEMAND, 'SUPPLY ME AT THIS PRICE, OR RETURN MY MONEY.' GEMARA. R. Assi said in R. Johanan's name: One may not fix a contract at market prices.  R. Zera questioned R. Assi: Did R. Johanan rule thus even of a great fair?  He replied: R. Johanan referred only to town markets, where values fluctuate.  Now, on the original hypothesis that R. Johanan referred even to a great fair, how is our Mishnah conceivable, which teaches, A MAN MUST NOT FIX A PRICE FOR PRODUCE UNTIL THE MARKET PRICE IS KNOWN; ONCE THE MARKET PRICE IS ESTABLISHED, A FIXED PRICE MAY BE AGREED UPON? — Our Mishnah relates to wheat in granaries and ships, whose fixed price extends over a long period. Our Rabbis taught: One may not contract for commodities until the market price is out; once the market price is established, a contract may be entered into, for even if one [the vendor] has no stock, another has. If the new supplies were at four [se'ahs per sela'] and the old at three, a contract may not be made until the price has been equalised for the new and old.  If the gleaned grains  were [priced] at four [se'ahs and upward per sela'], whilst ordinary stock  at three, a contract must not be entered into [at a fixed maximum price] until the same market price has been established for the gleaner  and the merchant. R. Nahman said: One may contract for gleanings at the price of gleanings.  Said Raba to R. Nahman: Why does the gleaner differ?  Because if he lacks stock, he will borrow from his fellow gleaner? Then even a merchant  can borrow from a gleaner!  — He replied: A merchant deems it undignified to borrow from a gleaner. Alternatively, he who pays money to a merchant expects to receive best quality produce. R. Shesheth said in R. Huna's name: One may not borrow upon the market price.  Thereupon R. Joseph b. Hama said to R. Shesheth — others say, R. Jose b. Abba said to R. Shesheth: Did R. Huna actually rule thus? But a problem was propounded of R. Huna: The students who borrow in Tishri and repay in Tebeth — is it permitted or forbidden?  He replied: Wheat may be procured in Hini and Shili:  if they wish, they can buy [in Tishri] and repay!  — At first R. Huna held that one must not borrow, but on hearing that R. Samuel b. Hiyya said in R. Eleazar's name that one may, he too ruled likewise. Our Rabbis taught: If a man was transporting a load from place to place,  when his neighbour met him and proposed: 'Let me have it, and I will pay you for it the price you would obtain there,'