Tuesday, July 7, 2009

Bava Metzia 73 - Forward Contracts with High Risk (Finds)

Before the grapes ripen, a buyer can pay in advance for the wine yield of a vineyard. He pays much less than the estimated value of the wine.

Rav forbids it: since the wine will be worth much more in the future, it resembles a "reward for waiting," or interest. Shmuel permits it: sometimes a misfortune can befall the vineyard, and the reduced price is due to accepting risk. And Rav? – The slight chance of loss does not justify the significant price reduction. The law follows Rav. But Rav agrees to Shmuel, where harvesting is done with the aid of oxen because of the high risk to the oxen.

Art: Figures and Animals in a Vineyard by John Frederick Lewis

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