Rabbi Asher Anshil Braun

This is my personal friend, publisher of hand-written prayer book with intentions by Rabbi Shlomo Sharabi, and I am lucky that Rabbi Braun wrote my teffilin!

Bava Metzia 66 - Heter Iska and Penalty for Late Payment

Heter Iska is a document that lays down the terms and conditions for structuring loan transactions in such a way that they become an investment rather than a loan; consequently, the investor’s return of his capital has the legal status of profit on an investment, rather than interest on a loan.

If one made a loan to someone on the security of the borrower’s field, so that if the borrower does not pay back after three years, the field is forfeited to the lender, then indeed it is the lender’s, although it is worth more than the amount of the loan.

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Bava Metzia 65 – Early Payment is Allowed

One who rents out his property may increase the rent for payment that is delayed, but one who sells something may not increase the purchase price for payment that is delayed.

For example, if one rented a house to someone and said, “If you pay me for the year in advance - 10 sela, but if you pay every month, 1 sela a month” - the rent is the true price, and the discount is given for paying early. However, if he sold a field, the money is owed right away, and paying more later is a reward for waiting for money, which is prohibited.

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Bava Metzia 64 - Forward Contract on Gourds

Rav Kahana was once late to Rav's lecture. He heard that Rav kept mentioning the word “gourds,” and he later asked the other students, what was Rav saying. They told him this: If one gave money to a gardener for large gourds, while the gardener currently only had small gourds, such a forward contract is allowed, because small gourds will grow into large ones – provided that the gardener supplies these same gourds.

One who makes a loan to his fellow may not dwell in a borrower's house for free, nor may he rent it from him for less than the usual price – because this constitutes interest.

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Bava Metzia 63 – When Forward Contracts are Permitted

A forward contract is an agreement where the buyer, wanting to guarantee his price, pays for the produce now, but plans to take delivery later.

The pre-payment has the character of a loan. Should the price of the produce increase, the buyer will get more than he paid for, similar to taking interest. Forward contracts are therefore prohibited by the Sages. The two cases where it is permitted are:

(1) If the seller has the produce in stock, it is considered as if the buyer already had it at the time of price increase;

(2) If the price is established, the seller can easily acquire the goods, thus it is as if he has them.

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Bava Metzia 62 - Interest is Collectable in Court

Why is the Exodus from Egypt mentioned in conjunction with the prohibition of taking interest? It is as if God said, “I knew who was first-born in Egypt, and I will know those who falsely attribute their money to a non-Jew, and then lend it on interest.”

Neshech, or fixed interested prearranged at the time of the agreement, is prohibited by the Torah and can be collected in court. But Rabbi Yochanan says that “You shall not take from him (your impoverished brother) interest or increase; but fear your God,” implies that he who takes interest is obligated to refund the interest out fear of God, but he is not subject to refund it by a court order.

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Beva Metzia 61 – Two Forms of Interest: Neshech and Tarbit

“Neshech” means “to bite,” because interest “bites” the borrower. Neshech denotes interest prohibited by the Torah. Examples of neshech are lending four coins with the stipulation to be paid back five, or lending two measures of wheat and be paid back three.

“Tarbit” means “increase.” Tarbit denotes interest prohibited by the Sages. An example of tarbit is a forward contract for produce, where a buyer pays now at current prices for goods to be delivered later. The buyer wants to protect himself from price increase, and it is allowed if the seller has the goods in stock, or if the market price on the goods is stable.

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Meditation on Infinite 5-dimensional Space

When we view the Sefirot as being ten directions in a five-dimensional continuum, we can also interpret this in the following manner. Each pair of Sefirot defines an infinite line, extended infinitely in both directions. The end points of such an infinite line, however, come together and meet once again at the "point in infinity." This is a fact recognized by mathematicians, and considerable use of the "point at infinity" is found in complex analysis, the calculus of complex numbers.

One can use this as a meditation. Try to imagine the sphere at infinity and the point at infinity, and attempt to perceive how they are actually one. You will then see that your usual conceptions of space and extension are not as simple as you believe.

(Sefer Yetzirah, R. A. Kaplan Commentary)

Bava Metzia 60 - Deceptive Business Practices

What is deemed deception and what is considered a legitimate business practice?

One who sells grain from a certain field may not mix grain from other fields, even if mixing new grain with new of the same quality. However, strong wine may be mixed into mild wine at the time of wine-making, since it improves the taste.

Rabbi Yehudah says, "A storekeeper may not distribute toasted grain or nuts to the children, because he accustoms them to come to him," but the Sages permit this. He may not lower the price of his goods below market price, but the Sages say, "He is remembered for good."

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Bava Metzia 59 - Not to Offend Anybody with Words

A man must be especially careful not to offend his wife with his words - or any other woman - because with her tears she may bring retribution on him. One must also be very careful about his wife’s honor, because a person’s house is blessed only on account of his wife.

Rabbi Eliezer and the Sages argued about the purity of sectional ovens. Rabbi Eliezer performed multiple miracles, but it was no proof. Heavenly voice said that he was right – but the Torah is not in Heaven, but rather decided by knowledgeable men. The Sages then rightfully excommunicated him. Still, since he was upset, a third of the world’s crops rotted and Rabban Gamliel died.

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Bava Metzia 58 – Wronging with Words

Just as wrong can be done in buying and selling, so too wrong can be done in words. One should not say to someone, “How much is this item?” if he has no intention of buying. If someone was a penitent, one should not say to him, “Remember your past deeds.” If someone was descended from proselytes, one should not say to him, “Remember the idol worship of your forefathers,” - for it is stated in the Torah, “And you shall not wrong or oppress a proselyte....”

The commandment “And a man shall not wrong his fellow...” is discussing verbal wronging, since monetary wronging is discussed immediately before.

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Bava Metzia 57 - No Oath for Things Not Subject to Price Fraud

Rava asked: “If someone planted wheat seeds in the ground and sold them before they took root, are they subject to price fraud?” Are they viewed as if thrown into a container, thus subject to price fraud, or are they treated as land, not subject to price fraud? This remains unresolved.

How do we know that an unpaid custodian doesn't swear about these things? “If a man gives his fellow...” is a generalization, “...money or utensils...” is a specification, “...to watch...” is another generalization – and the overall law can include only things that are similar to the specification, like movables with intrinsic value, but not land or documents.

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Bava Metzia 56 - Things not Subject to Price Fraud

These things are not subject to price fraud: the sale of slaves, notes of indebtedness, land, and Temple property. Furthermore, the twofold payment for stealing does not apply to them, nor does the penalty of fourfold or fivefold payment apply.

If any of these items was entrusted to an unpaid custodian, and he claims that the property was stolen, he is absolved from responsibility without having to swear that he was not negligent.

The verse discussing price fraud states "...and if you sell something to our fellow, or buy from the hand of your fellow...", which indicates things being passed from hand to hand, and not fields or other items above.

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Bava Metzia 55 - Prutahs and One-Fifth Surcharges

Prutah is the smallest coin at the time of the Mishna, worth today about 0.3 cent.

There are five laws where the minimal value is a prutah: partial admitting of a debt leading to an oath, betrothing a woman, using consecrated property, returning a lost object, and returning a stolen item after denying it under oath.

There are five cases where one has to add a of 1/5 to his payment: a non-Kohen who inadvertently eats a priest’s portion of produce, one who redeems his second tithe, one who redeems his consecrated things, one who benefits from consecrated property, and one who returns a stolen item after denying it under oath.

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Bava Metzia 54 - Adding One-Fifth

When one redeems the second tithe taken from his produce for money, he needs to add 1/5. There are many other cases where 1/5 is added, such as redeeming property belonging to the Temple treasury or reapying a Kohen’s portion (trumah) that one has accidentally eaten. Is the 1/5 calculated on the principal (“from the inside) or on the principal plus the addition ("from the outside")?

For example, adding a 1/5 to 20 can mean paying 4 (1/5 of 20), or it can mean 5, since the total then is 25, and 1/5 of it is 5.

The answer is that 1/5 is calculated from the outside, so it really is 1/4 of the principal.

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Bava Metzia 53 - Redeeming Second Tithe

For produce grown in Israel, second tithe should be separated and brought to Jerusalem – when the Temple is standing – and be eaten there. If it is too far to bring it to Jerusalem, or if the Temple is not standing, it should be redeemed for money.

If one wishes to redeem a small amount of second tithe, such as one grape, which is worth less than a prutah, he can’t do it for such small amount alone, but should add its sanctity to the money used for previous redemptions of larger amounts.

In a special case a small amount that was brought to Jerusalem – and then the walls of Jerusalem fell – cannot be redeemed.

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Bava Metzia 52 - Fraud with Eroded Money

Coins erode with use, and using them as if new could constitute a fraud.

How much of a sela coin can be missing? Rabbi Meir says, four issars per sela, or 1/24. Rabbi Yehuda says, 1/12, and Rabbi Shimon says eight pundions, or 1/6. For how long can one return a defective coin? In large cities, as long as it takes to show the coin to a moneychanger; in villages, until the following Sabbath, when the person will use it shopping for food.

Coins that still circulate, albeight with difficulty, should be accepted, and the one who doesn’t is called stingy. After this they should be used for necklaces or destroyed.

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Bava Metzia 51 - No Price Fraud for Personal Possessions

One man was selling silk ribbons, asking six zuz, although they were actually worth five, and it was apparent that he would take five-and-a-half. Another man came along and said to himself, “If I give him five-and-a-half, it will be considered an immediate waving of the overpayment. I will instead give him six, and then summon him to judgment for the entire overcharge of one zuz.”

When he came before Rava for a ruling, Rava said to him, “The rules of overcharging apply only to a merchant, but when buying from a householder, the buyer has no claim of price fraud.” People consider their personal effects dear and sell them for more than their worth.

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Bava Metzia 50 - Both the Seller and the Buyer Can't Cheat

Price fraud – overcharging by the seller or underpaying by the buyer – is prohibited. The law in any particular case depends on two factors: the amount of the fraud, and the period of time that elapses between the transaction and the time the defrauded party protests.

If the amount of price fraud is the discrepancy of less than 1/6, the sale stands and all claims are immediately waived. If the amount is exactly 1/6, the buyer can demand a refund. If the amount is more than one sixth, either party can void the sale.

The defrauded party has as much time as it takes to show the purchase to a merchant or to his relative for assessment.

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Bava Metzia 49 - That One Should Abide by his Word

If the buyer gave the seller the money but did not take the produce from him, either party can legally renege, but the Sages said, “The One Who exacted retribution from the people of the Generation of the Flood and from the Generation of Dispersion – He will ultimately exact retribution from someone who does not abide by his word!”

Abaye says that the court informs him about the retribution, and Rava says that the court actually pronounces the curse.

When one makes a partial payment on movable property, Rav says that he acquires only an amount equal to its value, but Rabbi Yochanan says that he acquires the entire purchase.

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Bava Metzia 48 - Acquiring by Paying Money

Rabbi Yochanan said that under Biblical law, the payment of money acquires movables. And why did the Rabbis say that drawing an object to oneself acquires the movable property, but paying money does not? Out of concern that the buyer may pay but not take delivery of the goods, then if a fire breaks out, the seller would not take sufficient measures to save them, since he has already been paid.

Resh Lakish said that acquisition by drawing to oneself is explicitly indicated in the Torah, “…if you sell or buy from the hand of your fellow…”

The final law follows Rabbi Yochanan

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Bava Metzia 47 - How is the “Exchange” Acquisition Performed?

In the passage from the Book of Ruth which serves as the source for “exchange" acquisition it is not clear who gave the shoe to whom. 


Rav says that the acquisition is performed with the utensil (kerchief) of the buyer. Though the buyer gives his utensil to the seller in addition to the money that was agreed upon, it is in the interest of the buyer to do so, so that the transaction be finalized immediately. 


Levi says that it is performed with the utensil of the seller. In exchange for the pleasure that the seller by the buyer accepting the kerchief from him, he resolves to grant the ownership.

Mystics of all countries – unite! Мистики всех стран - соединяйтесь!

Sefer Yetzira (The Book of Creation) is a concise mystical book (between 1,300 to 2,500 words) whose teaching were developed by the Patriarch Abraham and which was recorded at least 2000 years ago.

Sentence 7:

Ten Sefirot of Nothingness

Their end is embedded in their beginning

and their beginning in their end

like a flame in a burning coal

For the Master is singular

He has no second

And before one, what do you count?

Commentary

According to most commentaries, the “beginning” is Keter (Crown), while the “end” is Malchut (Kingship). These are the two endpoints of the spiritual dimension.

On the most basic level, Crown is seen as the concept of Cause, while Kingship is the archetype of Effect. Since a cause cannot exist without an effect, and an effect cannot exist without a cause, the two are interdependent on each other.

The Sefer Yetzirah likens this to a “flame bound to a burning coal.” A flame cannot exist without the coal, and the burning coal cannot exits without a flame. Although the coal is the cuase of the flame, the flame is also the cause of the burning coal. Without the flame, the would not be a burning coal.

Since Cause cannot exist without Effect, Effect is also the cause of the Cause. In this sense, Effect is the cause, and the cause is the Effect. Since beginning and end are inseparable, “their end is embedded in their beginning, and their beginning in their end.”

The commentary goes on to explain the 5-dimensional space (three physical dimension, time, and soul, meaning good/bad dimension), and describes an infinitely remote sphere where all these converge.

All of the above can be used as meditation devices for visualizing the complex spiritual worlds.

And now…

Mystics of all countries – unite!

One can easily see that many mystical schools engage in the same meditative techniques, thus they are dealing with the same spiritual worlds, which should really come as no surprise.

“Ten Sefirot of Nothingness” is parallel to Hindu meditation on Nothing, behind one’s head, which is one of the most powerful and dangerous forms of meditation.

“And before one, what do you count?” is the sound of one hand clapping. The reader is invited to find further parallels.

Bava Metzia 46 - Acquiring Money Though the Method of "Exchange"

Not only can coins not serve for “exchange” acquisition, but they cannot even be acquired through exchange. Thus Rav Pappa, when he wanted to transfer the ownership of 12,000 golden coins to his agent, used a method of acquisition “by dint of land,” where he transferred the money together with a piece of land. Incidentally, he needed the agent to be the owner so that the people who owed him the sum would not hesitate to give the money to his agent.

Since the coin’s value can be revoked by the government, its value is not intrinsic, like that of a promissory note, and such items cannot be acquired through “exchange.”

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Bava Metzia 45 - Coins Used for Symbolic Exchange

One possible method of acquisition is "exchange" based on “…this was a custom in Israel… a man would give his shoe to the other…”. The object used for exchange must be a utensil. Usually the seller pulls a kerchief from the hand of the buyer, after which the object is sold, and the buyer is obligated to pay.

Although paying the money can’t finalize a sale, can money be used for “exchange?” To signify the “exchange,” one would announce it, or the coin would be returned. No! Even a golden coin can be removed from circulation, loosing value, which is fundamentally different from a utensil like a shoe.

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Bava Metzia 44 - Last Thoughts of Appropriation - and on to Sales

If a custodian intended to misappropriate a deposit, making a declaration in front of two witnesses, from that moment he is liable for any mishap that might befall it – so say Beit Shammai, but Beit Hillel say that he is not liable until he acts, because of "...if he did not lay his hand upon the goods..."

By Rabbinical law, when someone pays money for a movable object, he does not acquire it yet, and either party may renege. To finalize the sale, the buyer must take possession, by lifting the object or drawing it to himself. When gold is exchanged for silver, gold is considered merchandise whose transfer completes the sale.

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Bava Metzia 43 - Custodian Takes and Uses the Deposit

When one deposits money with a moneychanger, if the money is tied up in a bundle, the moneychanger may not use it. Therefore, if it is lost, he is not liable to compensate the owner. If, however, the money is loose, he may use it. Therefore, if it is lost, he is liable.

When one deposits money with a private householder, the householder may not use it. Therefore, if it is lost, he is not liable. A storekeeper is treated like a moneychanger.

If a custodian misappropriated a deposit and later destroyed it, then according to Beit Hillel, he pays its value at the time and in the state when he used it.

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Bava Metzia 42 - Negligence of Unpaid Custodian

If one deposited money with another for safekeeping - who then either bundled it up in a kerchief and slung it behind him or gave it over to his young son or daughter, but did not adequately lock the door before them - the custodian is liable for loss and damage, because he did not guard the money in the normal manner of custodians.

A custodian put money in a hunter's ambush hut, which provides adequate protection against theft, but not against fire. In the end the money was stolen. The situation began with negligence but ended with an unavoidable mishap - and he is liable.

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Bava Metzia 41 - Custodian Breaks the Keg

If one deposited a keg with another for safekeeping, and the custodian moved the keg and it broke through an unavoidable accident, the law is determined as follows:

If the custodian moved the keg for its benefit, such as removing it from an unsafe place – he is not liable to pay compensation, because he remains a custodian.

If however the custodian moved the keg for his own benefit, then at this time he is stealing it, and if it breaks while in his hands, he is liable. If he put it down, then he returned the stolen item and again became a custodian, so he is not liable.

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Bava Metzia 40 - Produce is Depleted

If one deposits produce with another for safekeeping, the custodian deducts the expected depletion when returning it. For wheat and rice, 2.5% is destroyed by mice and other causes over a year, for barley – 5%. The calculation should also include changes in volume due to humidity and other causes.

This ruling only applies where the custodian mixed deposited produce together with his (which he should not have done), so he can't return it as is. Additionally, he used the mixture for his purposes, and doesn't know how much he used.

For wine one deducts the absorption of the barrel and the sediment, for oil - the sediment and the scum.

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Bava Metzia 39 – Caring for a Captive's Property

If someone is held captive, can a court allow a relative to live on and use his property? If a rumor circulated or one witness testified that the captive died, then the court can. The relative stands to inherit, so he will be careful with the property. What if his whereabouts are unknown?

Can the law be derived from “...and I shall become incensed and I shall kill you...and your children will be orphans”? If a person is killed, of course his children are orphans! Rather, it must mean AS IF orphans, not using the land? No! - It could mean not inheriting.

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Bava Metzia 38 - Deposited Produce Begins to Spoil

If one deposits produce with his fellow, even if it is becoming ruined due to mice or spoilage, the custodian may not sell it.

One reason is that a person prefers a measure of his own produce - for which he toiled - to nine measures of his fellow's produce which can be bought. That is an exaggeration, but if it is not spoiling faster than normal, it should not be sold.

Another explanation is that he may have designated it as tithes for his other produce, and he may come to eat non-tithed produce. Knowing that the produce is not sold, the owner is even more likely to do this designation.

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Bava Metzia 37 - A Thief Returns Stolen Money to Two People

If a thief told two people, “I stole one maneh ($5,000) from one of you, but I don't know from which of you I stole it,” - or if a custodian told two people, “The father of one of you deposited a maneh with me, but I don't know which one he was” - he gives each one a maneh, because he acknowledged the claim himself.

Both cases describe going beyond the letter of the law. The thief wants to avoid Heavenly retribution, and the custodian feels at fault for not keeping the records.

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