Bava Metzia 5
אֵיזֶהוּ נֶשֶׁךְ וְאֵיזֶהוּ תַרְבִּית. אֵיזֶהוּ נֶשֶׁךְ. הַמַּלְוֶה סֶלַע בַּחֲמִשָּׁה דִינָרִין, סָאתַיִם חִטִּין בְּשָׁלשׁ, מִפְּנֵי שֶׁהוּא נוֹשֵׁךְ. וְאֵיזֶהוּ תַרְבִּית, הַמַּרְבֶּה בְּפֵרוֹת. כֵּיצַד. לָקַח הֵימֶנּוּ חִטִּין בְּדִינַר זָהָב הַכּוֹר, וְכֵן הַשַּׁעַר, עָמְדוּ חִטִּין בִּשְׁלשִׁים דִּינָרִין, אָמַר לוֹ תֶּן לִי חִטַּי, שֶׁאֲנִי רוֹצֶה לְמָכְרָן וְלִקַּח בָּהֶן יָיִן. אָמַר לוֹ הֲרֵי חִטֶּיךָ עֲשׂוּיוֹת עָלַי בִּשְׁלשִׁים, וַהֲרֵי לְךָ אֶצְלִי בָּהֶן יָיִן, וְיַיִן אֵין לוֹ:
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.]
הַמַּלְוֶה אֶת חֲבֵרוֹ, לֹא יָדוּר בַּחֲצֵרוֹ חִנָּם, וְלֹא יִשְׂכֹּר מִמֶּנּוּ בְּפָחוֹת, מִפְּנֵי שֶׁהוּא רִבִּית. מַרְבִּין עַל הַשָּׂכָר, וְאֵין מַרְבִּין עַל הַמֶּכֶר. כֵּיצַד. הִשְׂכִּיר לוֹ אֶת חֲצֵרוֹ, וְאָמַר לוֹ, אִם מֵעַכְשָׁיו אַתָּה נוֹתֵן לִי, הֲרֵי הוּא לְךָ בְּעֶשֶׂר סְלָעִים לְשָׁנָה, וְאִם שֶׁל חֹדֶשׁ בְּחֹדֶשׁ, בְּסֶלַע לְחֹדֶשׁ, מֻתָּר. מָכַר לוֹ אֶת שָׂדֵהוּ, וְאָמַר לוֹ, אִם מֵעַכְשָׁיו אַתָּה נוֹתֵן לִי, הֲרֵי הִיא שֶׁלְּךָ בְּאֶלֶף זוּז, אִם לַגֹּרֶן, בִּשְׁנֵים עָשָׂר מָנֶה, אָסוּר:
If one gives a loan to his neighbor, he (the lender) may not live in his (the borrower's) courtyard free, and he (the borrower) may not rent it to him for less (than its price), this being ribith. It is permitted to add to rent [for granting time to pay], but it is not permitted to add to the sale price [for granting time to pay]. How so? If he rented him his courtyard and said to him: "If you pay me now, you can have it for ten selaim a year; and if by month, it is a sela for a month," this is permitted. If he sold him his field and said to him: "If you pay me now, you can have it for a thousand zuz; and if by harvest time, it is twelve maneh (twelve hundred zuz)," this is forbidden. [The rationale: Rent is paid only at the end (of the month). Therefore, if he takes from him a sela a month, twelve selaim (a year), this is not payment for waiting, for he was not obliged to pay him rent until the end of the month. As to his telling him: "If you pay me now, you can have it for ten selaim a year," if he does pay him early, this constitutes the renter's waiving part of the rent and reducing it. But with selling, as soon as he (the buyer) pulls the object, he is obliged to pay for it; so that when the seller says to him: "If you pay me now, you can have it for a thousand zuz," this is its price, and if he adds to it for waiting until harvest time, this constitutes "payment for waiting." ("If he sold him his field":) The same applies with movables and all wares. To sell something at more than its worth because of waiting time is forbidden and is avak ribith ("the dust of ribith") by rabbinic ordinance. In all instances of avak ribith, if the money is given, it cannot be recovered by the court, as opposed to ribith ketzutzah ("determinate ribith"), which is recovered by the court.]
מָכַר לוֹ אֶת הַשָּׂדֶה, וְנָתַן לוֹ מִקְצָת דָּמִים, וְאָמַר לוֹ אֵימָתַי שֶׁתִּרְצֶה הָבֵא מָעוֹת וְטֹל אֶת שֶׁלְּךָ, אָסוּר. הִלְוָהוּ עַל שָׂדֵהוּ, וְאָמַר לוֹ, אִם אִי אַתָּה נוֹתֵן לִי מִכָּאן וְעַד שָׁלשׁ שָׁנִים הֲרֵי הִיא שֶׁלִּי, הֲרֵי הִיא שֶׁלּוֹ. וְכָךְ הָיָה בַּיְתוֹס בֶּן זוֹנִין עוֹשֶׂה עַל פִּי חֲכָמִים:
If he sold him the field and he gave him part of the money, and he (the seller) said to him: "When you wish, bring the (rest of the) money and take what is yours," this is forbidden. [As when the seller said to the buyer: "When you bring the rest of the money, acquire it from now." It is forbidden to do this, for if the seller eats fruits (of the field) in the interim, when the other brings the money, the field is found to have been acquired by him from the day of the sale, and the seller (is found) to have eaten fruits as payment for waiting. And if the buyer eats fruits from now, perhaps he will not bring the rest of the money and the seller will return what he had received from him, so that the field will be found not to have been sold to him (the seller having said: "When you bring the rest of the money, acquire it from now," and he did not bring it), and the first payment would be (found to have been) a loan in general to the buyer, and the seller would be found to have eaten fruits in payment (for having granted a loan)]. If he gave him a loan for his field, and he (the lender) said to him: "If you do not repay me from now until three years, it is mine," it is his. [As when he (the borrower) said to him: "Acquire it from now if I do not repay you from now until three years.," For this is not an asmachta (a mere "understanding"), but a bona fide kinyan (act of acquisition), the lender taking possession of it now for this money (that he gave the borrower), and it (the field) becomes cheaper in his (the lender's) possession. And the fruits are deposited with a third person. If the borrower repays the loan within three years, the fruits are given to him. And if not, they are given to the borrower, the field having been acquired by him from the time of the loan, and that loan having been payment for the field.] And Baitos b. Zonin did so (i.e., He borrowed upon his field) by the counsel of the sages.
אֵין מוֹשִׁיבִין חֶנְוָנִי לְמַחֲצִית שָׂכָר, וְלֹא יִתֵּן מָעוֹת לִקַּח בָּהֶן פֵּרוֹת לְמַחֲצִית שָׂכָר, אֶלָּא אִם כֵּן נוֹתֵן לוֹ שְׂכָרוֹ כְּפוֹעֵל. אֵין מוֹשִׁיבִין תַּרְנְגוֹלִין לְמֶחֱצָה, וְאֵין שָׁמִין עֲגָלִין וּסְיָחִין לְמֶחֱצָה, אֶלָּא אִם כֵּן נוֹתֵן לוֹ שְׂכַר עֲמָלוֹ וּמְזוֹנוֹ. אֲבָל מְקַבְּלִין עֲגָלִין וּסְיָחִין לְמֶחֱצָה, וּמְגַדְּלִין אוֹתָן עַד שֶׁיְּהוּ מְשֻׁלָּשִׁין. וַחֲמוֹר, עַד שֶׁתְּהֵא טוֹעָנֶת:
A shopkeeper is not set up (in a transaction) for half-profits, and one may not give (him) money to buy produce for half-profits unless he gives him (the shopkeeper) his wage as a worker. [One may not tell a shopkeeper: "This produce is sold in the market four sa'ah for a sela, and you sell it retail in your shop and profit a sa'ah. Take this produce and sit and sell it in your shop, and we shall share the profits." The rationale: We rule that such a transaction is half loan-half deposit. One who accepts wares for half-profits presumably accepts responsibility for accident and depreciation of half the principal. Therefore, that half, since he is liable for accident, is a loan to him, being appraised for him at the market price and yielding him half profit. It is found, then, that the shopkeeper looks after the other's half, which is deposited with him in payment for a time grant in returning the loan, for which reason it is forbidden — unless he pays the shopkeeper for looking after that half as a worker idled from his regular work, i.e., if he were a carpenter or a smith — how much he would take to be freed from this heavy work to engage in light work.] Hens are not set for half (profits) [i.e., One may not assess the value of eggs and give them to the owner of a hen to set it upon them to hatch chicks for half of the profit (the cost differential of chicks to eggs). For since the hen owner accepts responsibility for half the worth of the eggs if they are spoiled or if they (the chicks) die, half of the transaction is a loan, so that the hen owner is found to be looking after the other half in payment for a time grant (in returning the loan)]. And calves and foals are not assessed at half [i.e., "Now, they are worth this and this — Take it upon yourself to raise them for two years for half-profits, and for half-liability if they die"], unless he pays him for his work and for his food expenditure [(In the former instance,) what he pays to feed the chicks]. But small calves and foals may be accepted for half-profit [without assessment, (with the understanding) that if they die, he pays nothing, and if they live, they are divided.], and they are raised until they are a third [of their (anticipated full) height, at which point they divide.] And an ass, until it can bear a load. [This was their practice in raising them before dividing them.]
שָׁמִין פָּרָה וַחֲמוֹר וְכָל דָּבָר שֶׁהוּא עוֹשֶׂה וְאוֹכֵל לְמֶחֱצָה. מְקוֹם שֶׁנָּהֲגוּ לַחֲלֹק אֶת הַוְּלָדוֹת מִיָּד, חוֹלְקִין, מְקוֹם שֶׁנָּהֲגוּ לְגַדֵּל, יְגַדֵּלוּ. רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר, שָׁמִין עֵגֶל עִם אִמּוֹ וּסְיָח עִם אִמּוֹ. וּמַפְרִיז עַל שָׂדֵהוּ, וְאֵינוֹ חוֹשֵׁשׁ מִשּׁוּם רִבִּית:
Assessments are made of cow and ass [(large ones that are fit for labor, all of the labor going to the receiver)], and of everything that they do and eat, for half-profits [to divide their appreciation in worth and in offspring.] Where the custom is to divide the offspring immediately [when the time arrives; for a small beast, thirty days, and for a large one, fifty], they divide; where the custom is to raise them, they do so. R. Shimon b. Gamliel says: A calf is assessed together with its mother, and a foal together with its mother [and it is not necessary to provide payment for work and food for the calf (see 4:4), but only for the mother. The halachah is not in accordance with R. Shimon b. Gamliel.] And mafrin on one's field without fear of ribith (transgression). [("mafrin":) as in parah veravah (being fruitful and multiplying). Some read it "mafriz," as in (Zechariah 2:8): "P'razoth will Jerusalem be inhabited" — That is, he "expands" upon his field. As when the renter of the field says to the owner: "You are wont to take ten kor a year for renting your field. Lend me two hundred zuz for fertilizer so that I can sow and plow the field, and I will give you twelve kor a year for rent, and I will return your money." This is permitted, these two korim being added because he receives a better field, whose rental is higher than that of an inferior field.]
אֵין מְקַבְּלִין צֹאן בַּרְזֶל מִיִּשְׂרָאֵל, מִפְּנֵי שֶׁהוּא רִבִּית. אֲבָל מְקַבְּלִין צֹאן בַּרְזֶל מִן הַנָּכְרִים, וְלֹוִין מֵהֶן וּמַלְוִין אוֹתָן בְּרִבִּית, וְכֵן בְּגֵר תּוֹשָׁב. מַלְוֶה יִשְׂרָאֵל מְעוֹתָיו שֶׁל נָכְרִי מִדַּעַת הַנָּכְרִי, אֲבָל לֹא מִדַּעַת יִשְׂרָאֵל:
Tzon-barzel is not accepted from a Jew, it being ribith. [Tzon-barzel is property for which the receiver assumes full responsibility. Its value is assessed for him, and so long as he does not return the money, they share the profits. And even though this is a superfluous Mishnah, it already having been taught (5:4): "A shopkeeper is not set up for half-profits" because he takes half-liability upon himself — how much more so here! Still, it is taught because of what follows, viz.:] But tzon-barzel is accepted from a gentile. And they (gentiles) are borrowed from and lent to on interest. The same applies to a ger-toshav (a gentile living in Eretz Yisrael who abides by the seven Noachide mitzvoth). A Jew may lend the money of a gentile by warrant of the gentile, but not by warrant of a Jew. [As when a Jew borrowed money from a gentile and wished to return it to him. If another Jew found him and said: "Give it to me and I will raise it (the repayment) for you as you raise it for him" — If he (the original borrower) placed him next to the gentile — even if the Jew (himself) gives it to him at the behest of the gentile, it is permitted. And if he did not place him next to the gentile, it is forbidden, for he (the Jew himself) would be lending him upon interest.]
אֵין פּוֹסְקִין עַל הַפֵּרוֹת עַד שֶׁיֵּצֵא הַשָּׁעַר. (יָצָא הַשַּׁעַר, פּוֹסְקִין, וְאַף עַל פִּי שֶׁאֵין לָזֶה יֵשׁ לָזֶה). הָיָה הוּא תְחִלָּה לַקּוֹצְרִים, פּוֹסֵק עִמּוֹ עַל הַגָּדִישׁ, וְעַל הֶעָבִיט שֶׁל עֲנָבִים, וְעַל הַמַּעֲטָן שֶׁל זֵיתִים, וְעַל הַבֵּיצִים שֶׁל יוֹצֵר, וְעַל הַסִּיד מִשֶּׁשִּׁקְּעוֹ בַכִּבְשָׁן. וּפוֹסֵק עִמּוֹ עַל הַזֶּבֶל כָּל יְמוֹת הַשָּׁנָה. רַבִּי יוֹסֵי אוֹמֵר, אֵין פּוֹסְקִין עַל הַזֶּבֶל אֶלָּא אִם כֵּן הָיְתָה לּוֹ זֶבֶל בָּאַשְׁפָּה. וַחֲכָמִים מַתִּירִין. וּפוֹסֵק עִמּוֹ כְשַׁעַר הַגָּבוֹהַּ. רַבִּי יְהוּדָה אוֹמֵר, אַף עַל פִּי שֶׁלֹּא פָסַק עִמּוֹ כְשַׁעַר הַגָּבוֹהַּ, יָכוֹל לוֹמַר תֶּן לִי כָזֶה, אוֹ תֶּן לִי מְעוֹתָי:
Produce is not transacted for until the market price is announced. 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 (the buyer) were the first to harvest [and he had a grain stack, and the market price had not yet been announced], he may transact with him [at whatever price he wishes] for the stack. [For since he has produce, there is no ribith here, the stack being acquired by him from now (i.e., the time of the transaction). And even though he did not pull it (to effect acquisition), since even if he did not have produce, it would be only avak ribith by rabbinic ordinance, when he does have it they did not decree (against it)] (He may transact with him) for the avit of grapes and for the ma'atan of olives. [An avit is a large vessel where grapes are stored before being trodden, being warmed there for the better exuding of their wine. The (comparable) vessel for olives is called a "ma'atan."], and for the "eggs" of the potter [If he had collected earth and shaped it into "eggs" for the making of pots, he may transact with him for the pots at whichever price he wishes, though the market price had not yet been announced], and [he may transact with him] for lime [at whichever price he wishes] once they [the wood and the stones] have been steeped in the kiln [to be burned into lime]. And he may transact with him for (fertilizer) foliage all the days of the year. R. Yossi says: Foliage may not be contracted for unless he had foliage in his refuse heap. The sages permit it. [The difference between the sages and the first tanna: The first tanna says: "All the days of the year." R. Yossi differs, saying: Whether it be the rainy season or the dry season, the seller must have foliage in his heap. And the sages permit it only in the dry season. For even though he may have none, others do have, all having foliage (in the dry season), it already having turned to mould and chaff in the rainy season — but they do not permit it in the rainy season. The halachah is in accordance with the sages.] And he contracts with him according to the "high" market price [i.e., "If the market price falls below the present one, give it to me at the cheaper price." ("high":) i.e., "cheap." He gives him "high," abundant produce at low cost.] R. Yehudah says: even if he did not contract with him according to the "high" market price, he may tell him: "Give it to me at this ("high") price, or return my money." [For he did not pull (to effect acquisition), and he can back out. And even "He who exacted payment, etc." does not obtain here. For he had not given his money to acquire the produce then (i.e., at the time he paid), but afterwards; and in the interim the market price had changed. It is assumed that one contracts for the lowest market price. The halachah is not in accordance with R. Yehudah.]
מַלְוֶה אָדָם אֶת אֲרִיסָיו חִטִּים בְּחִטִּין לְזֶרַע, אֲבָל לֹא לֶאֱכֹל. שֶׁהָיָה רַבָּן גַּמְלִיאֵל מַלְוֶה אֶת אֲרִיסָיו חִטִּין בְּחִטִּין לְזֶרַע, בְּיֹקֶר וְהוּזְלוּ, אוֹ בְזוֹל וְהוּקְרוּ, נוֹטֵל מֵהֶן כְּשַׁעַר הַזּוֹל, וְלֹא מִפְּנֵי שֶׁהֲלָכָה כֵן, אֶלָּא שֶׁרָצָה לְהַחְמִיר עַל עַצְמוֹ:
A man may lend his tenant-farmers wheat-for-wheat for sowing, but not for eating. [It is permitted to lend sa'ah-for-sa'ah to a tenant-farmer only when he wishes to sow it. The rationale: In a place where it is the tenant-farmer who supplies the seed, if he has no seed for sowing the field, the owner will send him away. And if the tenant-farmer borrows from the owner and sows and returns (a sa'ah of) wheat to him when the price of wheat has risen, this is not (return on) a loan, but it is as if he (the tenant-farmer) goes down to (work) it now on the understanding that the owner takes from the seed first from the share that reverts to the tenant-farmer, and the tenant-farmer takes what is left as pay for his work, having contracted to work it on this understanding — that he take less than other tenant-farmers according to the amount of the seed, and there is no ribith here.] For R. Gamliel would lend his tenant-farmers wheat-for-wheat for sowing. Whether it (wheat) were dear (when he lent it) and it were cheap (when returned), or it were cheap (when lent) and dear (when returned), he would take from them according to the cheaper price. Not because this is the halachah, but because he wished to be strict with himself. [That is, it was necessary to adduce this Mishnah because R. Gamliel was stringent, taking (the wheat back) according to the cheaper price if the price fell. The Mishnah apprises us that this is not the halachah, but that R. Gamliel wished to be strict with himself.]
לֹא יֹאמַר אָדָם לַחֲבֵרוֹ, הַלְוֵינִי כוֹר חִטִּין וַאֲנִי אֶתֵּן לְךָ לַגֹּרֶן. אֲבָל אוֹמֵר לוֹ, הַלְוֵינִי עַד שֶׁיָּבֹא בְנִי, אוֹ עַד שֶׁאֶמְצָא מַפְתֵּחַ. וְהִלֵּל אוֹסֵר. וְכֵן הָיָה הִלֵּל אוֹמֵר, לֹא תַלְוֶה אִשָּׁה כִּכָּר לַחֲבֶרְתָּהּ עַד שֶׁתַּעֲשֶׂנּוּ דָמִים, שֶׁמָּא יוֹקִירוּ חִטִּים, וְנִמְצְאוּ בָאוֹת לִידֵי רִבִּית:
One may not say to his neighbor: "Lend me a kor of wheat, and I will give it back to you at harvest time,"; but he may say to him: "Lend me until my son comes," or "until I find the key." [For since he has (produce), it is legitimate, the sages having decreed (against it) only when he has none. And even if he has only one sa'ah, he may borrow several kor upon it. For with each one we say, this will be its replacement, it not being acquired by the lender, and the borrower being permitted to sell it or eat it. And when he borrows each one, he does so licitly.] And thus did Hillel say: A woman may not lend a loaf to her neighbor until she "converts" it to money, lest wheat become dearer and they come to ribith (transgression). [The halachah is not in accordance with Hillel, but with the sages, who say that one may lend and repay "plain" (i.e., without "conversion")].
אוֹמֵר אָדָם לַחֲבֵרוֹ, נַכֵּשׁ עִמִּי וַאֲנַכֵּשׁ עִמָּךְ, עֲדֹר עִמִּי וְאֶעְדֹּר עִמָּךְ, וְלֹא יֹאמַר לוֹ נַכֵּשׁ עִמִּי וְאֶעְדֹּר עִמָּךְ, עֲדֹר עִמִּי וַאֲנַכֵּשׁ עִמָּךְ. כָּל יְמֵי גָרִיד, אֶחָד. כָּל יְמֵי רְבִיעָה, אֶחָד. לֹא יֹאמַר לוֹ חֲרשׁ עִמִּי בַּגָּרִיד וַאֲנִי אֶחֱרשׁ עִמְּךָ בָּרְבִיעָה. רַבָּן גַּמְלִיאֵל אוֹמֵר, יֵשׁ רִבִּית מֻקְדֶּמֶת וְיֵשׁ רִבִּית מְאֻחֶרֶת. כֵּיצַד. נָתַן עֵינָיו לִלְווֹת הֵימֶנּוּ, וְהָיָה מְשַׁלֵּחַ לוֹ וְאוֹמֵר בִּשְׁבִיל שֶׁתַּלְוֵנִי, זוֹ הִיא רִבִּית מֻקְדֶּמֶת. לָוָה הֵימֶנּוּ וְהֶחֱזִיר לוֹ אֶת מְעוֹתָיו, וְהָיָה מְשַׁלֵּחַ לוֹ וְאָמַר בִּשְׁבִיל מְעוֹתֶיךָ שֶׁהָיוּ בְטֵלוֹת אֶצְלִי, זוֹ הִיא רִבִּית מְאֻחֶרֶת. רַבִּי שִׁמְעוֹן אוֹמֵר, יֵשׁ רִבִּית דְּבָרִים, לֹא יֹאמַר לוֹ, דַּע כִּי בָא אִישׁ פְּלוֹנִי מִמָּקוֹם פְּלוֹנִי:
One may say to his neighbor: "Weed with me [today] and I will weed with you [tomorrow]; dig with me, and I will dig with you." But he may not say to him: "Weed with me, and I will dig with you; dig with me, and I will weed with you. [Sometimes one (activity) is more difficult than the other, and agar natar ("reward for waiting") obtains.] All the days of the dry season are one, and all the days of the rainy season are one. [And we are not concerned about one day being longer than the other. And it is permitted to tell one: "Dig with me this day of the dry season, and I will dig with you a different day of the dry season." And so, with the rainy season.] He may not say to him: "Plow with me in the dry season, and I will plow with you in the rainy season." [For field work is more difficult in the rainy season.] R. Gamliel says: There is antecedent ribith and supervening ribith. How so? If he thought to borrow from him and he sent him a gift, thinking: "So that you lend me," this is antecedent ribith. If he borrowed from him and returned his money and sent him a gift, saying: "For the money that was 'idle' with me," this is supervening ribith. R. Shimon says: There is ribith of words: He (the borrower) should not say to him: "Know that that man is coming from that place."
וְאֵלּוּ עוֹבְרִין בְּלֹא תַעֲשֶׂה. הַמַּלְוֶה, וְהַלֹּוֶה, וְהֶעָרֵב, וְהָעֵדִים. וַחֲכָמִים אוֹמְרִים, אַף הַסּוֹפֵר. עוֹבְרִים מִשּׁוּם לֹא תִתֵּן (ויקרא כה), וּמִשּׁוּם בַּל תִּקַּח מֵאִתּוֹ (שם), וּמִשּׁוּם לֹא תִהְיֶה לוֹ כְּנשֶׁה (שמות כב), וּמִשּׁוּם לֹא תְשִׂימוּן עָלָיו נֶשֶׁךְ (שם), וּמִשּׁוּם וְלִפְנֵי עִוֵּר לֹא תִתֵּן מִכְשֹׁל וְיָרֵאתָ מֵּאֱלֹהֶיךָ אֲנִי ה' (ויקרא יט):
These transgress a negative commandment: the lender, the borrower, the guarantor, and the witness. The sages say: Also the scribe. They transgress (Leviticus 25:37): "You shall not give," (Ibid. 36): "You shall not take from him." (Exodus 22:24): "Do not be to him as a creditor," (Ibid.) "You shall not impose interest upon him," and (Leviticus 19:14): "And before a blind man you shall not place a stumbling-block. And you shall fear your G d; I am the L rd." [The lender transgresses all. The borrower transgresses (Deuteronomy 23:20): "You shall not cause (the taking of) interest" — Do not cause your brother (the lender) to take interest. And he transgresses (Ibid. 21): "And you shall not cause your brother to take interest." And "Before a blind man you shall not place a stumbling-block." The guarantor and the witnesses transgress "You shall not impose interest upon him" alone.]