Bava Metzia Daf 61 בבא מציה דַף 61

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1. Why the Torah wrote a לאו for רבית, גזל, and אונאה

Rava explains why it was necessary for the Torah to write the prohibition of רבית, גזל, and אונאה, all of which are illegally taking someone’s property. If the Torah had only written ribbis, one would say that it is a unique novelty, since even the borrower is prohibited from paying interest, indicating the prohibition is not for taking someone’s property. If only robbery was written, משום דבעל כרחיה – that it because it is taken by force. If only אונאה was written, that may be because he does not know about the fraud to waive it, as opposed to גזל and ribbis. Later, the Gemara concludes that גזל can be derived from a צד השוה between ribbis and אונאה, and was written to prohibit כובש שכר שכיר – withholding an employee’s wages. Although this is written explicitly, this passuk makes him liable for a second לאו. The prohibition of "לא תגנובו" – you shall not steal teaches two novelties: one may not steal על מנת למיקט – in order to annoy the victim until he returns it, nor in order to pay him כפל (where the victim would not accept his gift).

2. יציאת מצרים written by ribbis, tzitzis, false weights, and שרצים

Rav explains why the Torah mentioned יציאת מצרים in connection with ribbis, tzitzis, and false weights. Hashem says: אני הוא שהבחנתי במצרים בין טפה של בכור לטפה שאינה של בכור – I am He Who discerned in Mitzrayim between a drop of semen which bore a firstborn, and a drop which did not bear a firstborn regarding מכת בכורות (i.e., where one woman had relations with multiple men and bore firstborns for them). So too, I am the One Who will ultimately discern and punish those who lend money with interest (falsely claiming the money is a gentile’s), those who bury their weights in salt to cheat with them, and those who dye tzitzis with indigo and claim it is techeiles. Ravina explained that יציאת מצרים was mentioned with the prohibition to eat שרצים, because Hashem says that just as He discerned in Mitzrayim who was a bechor, He will ultimately discern and punish those who mix pieces of non-kosher fish with pieces of kosher fish and sell them to a Jew. He explained that the unusual word "המעלה" – Who brought you up teaches that Hashem says, “Had I not brought up Yisroel from Mitzrayim except for this one thing, that they do not contaminate themselves by eating שרצים, it would have been enough for Me.”

3. Machlokes if רבית קצוצה יוצאה בדיינים

Rebbe Elazar says: רבית קצוצה יוצאה בדיינין – Fixed ribbis (prearranged at the original loan) is collected by the judges (i.e., Beis Din forces the lender to refund Biblically prohibited interest to the borrower). אבק רבית אינה יוצאה בדיינין – secondary ribbis (literally, “the dust of ribbis”), i.e., any ribbis which is only Rabbinically prohibited, is not collected by the judges. Rebbe Yochanan says that even regarding רבית קצוצה, Beis Din does not force the lender to refund the interest. Three sources are provided for Rebbe Yochanan: (1) a passuk saying that one who lends with ribbis will not live, teaches: למיתה ניתן ולא להישבון – he is subject to death by Heaven, but not repayment of the interest. (2) the passuk says not to lend with ribbis, but to fear Hashem, teaching that one who takes ribbis is subject to fear of Heavenly retribution, but not repayment. (3) a passuk compares lending with ribbis to murder, teaching that just as murder cannot be undone, lending with ribbis also is not subject to repayment. The next Daf explains Rebbe Elazar’s source.

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