Which (form of forbidden interest) is neshech and which is tarbith? Which is neshech? Lending a sela (four dinars) for five dinars; two sa'ah of wheat for three, (called "neshech") because he "bites" (noshech), [taking from him what he did not give him.] And which is tarbith? Increasing [profit to oneself] through produce. [And both in lending money and lending produce there is ribith (increase), for his money increases, but the latter part (of the Mishnah) treats of ribith by rabbinical ordinance, through buying and selling.] How so? If he bought wheat from him at a golden dinar [twenty-five silver dinars] to a kor (of wheat), and this was the market price [(And he is permitted to give him money now to receive from him wheat the entire year at that price according to the amount of money that he gave him even though right now he does not have wheat. As we learned (5:7): "If the market price were announced, they may transact (on that basis). And even though he (the seller) may not have (the produce), another has," and the seller can buy it now at that price)] — If he said to him: "Give me my wheat, for I wish to sell it and buy wine for it," and he (the seller) said to him: "I accept your wheat at thirty dinars (to the kor), and I will give you wine for it" — If he has no wine (this is ribith). [It is permitted if he (the seller) gave him wheat, but if he transacted to give him wine for it, and he has no wine, it is forbidden, lest the price of wine rise. And even if he transacts with him according to the current, announced market price, since he (the buyer) does not give him money, in which instance we could say that he (the seller) could buy wine (now) for the money he received; but he (the seller) came to take upon himself the price of wheat as a debt and to transfer it to the wine debt — if he has no wine, this is forbidden. For if he had wine, it would be immediately acquired by this one (the buyer), wine having been stipulated as payment for the debt, and if wine increased in price, it would have done so in his domain.]
Bartenura on Mishnah Bava Metzia
איזהו נשך שהוא נושך – that he took from him what he (i.e., the other) didn’t give him.
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English Explanation of Mishnah Bava Metzia
Introduction
The fifth chapter of Bava Metziah deals with the Torah’s prohibition of lending money to another Jew with interest. Leviticus 25:35-37 states (JPS translation): “If your kinsman, being in straits, comes under your authority, and you hold him as though a resident alien, let him live by your side. Do not exact from him advance (neshech) or accrued interest (tarbit), but fear your God. Let him live by your side as a your kinsman. Do not lend him your money at advance interest (neshech), or give him your food at accrued interest (tarbit).”
Our mishnah deals with the Rabbinic definitions of “neshech” and “tarbit”.
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Bartenura on Mishnah Bava Metzia
המרבה בפירות – he increases the reward for himself with produce, and whether by the loan of money or whether by the loan of produce it is interest, for he increases his money. But the concluding part of the Mishnah deals with Rabbinic interest, as it explains – which through the means of commercial transactions.
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English Explanation of Mishnah Bava Metzia
What is usury ( and what is increase (? It is usury ( when a man lends a sela for five dinars, or two seahs of wheat for three, because he bites ( [off too much]. Section one defines “neshech”. This is a simple form of loaning with interest, where a person gives another person a loan of either money or goods and expects to get back more in return. The mishnah understands that the Biblical word “neshech” derives from the word “noshech” which means to bite. Interest “bites” because the creditor bites off from the debtor more than he gave.
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Bartenura on Mishnah Bava Metzia
דינר זהב – twenty-five silver denars.
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English Explanation of Mishnah Bava Metzia
And what is increase? When a man increases [his gains] by [selling] produce. How is this so? (1) [If] one bought wheat at a golden dinars [=25 silver dinars] for a kor when such was the market price, and then wheat rose to thirty [silver] dinars [per kor]. (2) [If] he said to him, “Give me my wheat since I would sell it and buy wine with the proceeds” and the other said, “Let your wheat be reckoned with me at thirty dinars and you now have a claim on me for wine [to that value], although the creditor has no wine. Section two defines the word “tarbit”. This situation is more complicated. Reuven buys from Shimon wheat at 25 dinars (=one silver dinars) per kor (a unit of volume) which was the market price of wheat. Shimon does not immediately provide the wheat but rather will provide it at a later time. After the sale the market price of wheat rises to 30 dinars. Reuven requests from Shimon his wheat so that he can sell the wheat and buy wine. Reuven is allowed to purchase the wheat at the lower price since he bought it at what was at the time market value. Shimon says to Reuven that he will sell him wine in return for the wheat that he owes him. In other words Shimon promises to provide Reuven with 30 dinars worth of wine, since that is the current value of the wheat. If Shimon does not currently have this wine in his possession this is forbidden. The reason is that if the price of wine goes up Reuven will have in effect loaned Shimon 30 dinars (the amount of wheat that Shimon owes Reuven) and when he gets the wine that has gone up in price he will receive back more than he loaned. If Shimon had had the wine at the time when he said this to Reuven it would have been permitted, since by trading his wheat for wine, the wine would be in Reuven’s possession when it rose in price. The problem is that if Shimon doesn’t own the wine he is in essence borrowing Reuven’s money. If the price of wine should rise Shimon will end up returning interest to Reuven.
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Bartenura on Mishnah Bava Metzia
וכן השער – Such is how they were sold in the city, and it was permissible for him to give money now on the condition that he would give him the wheat all the days of the year with these monies according to the monetary rate, and even though that he doesn’t have the wheat right now. It is taught [in the Mishnah] of our chapter (Mishnah 7):, “when the market price is out, you may purchase, for although he (i.e., the seller) has not goods as yet, others have,” and this seller can purchase them now with these monies.
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Bartenura on Mishnah Bava Metzia
עמדו חטין בשלשים דינרים אמר לו תן לי חיטי – and this is permissible, if he gives him the wheat, but if he fixed a price to give him for them wine, it is prohibited, lest the wine become more expensive, for since he doesn’t have any wine. And even though he fixed a price with him according to the current market price of wine, and the market price had gone out. For since he doesn’t give him money that we would be able to say that he could purchase wine with these monies tha the received, but he makes the value of the wheat an obligation and to set a price on his obligation of wine, this is prohibited if he lacks wine. For if he had wine, it would be purchased to him from now to the person who comes to set a price on the obligation of wine, and when it went up in price, it was in his possession when it went up in price.
