Bava Metzia - Sale and Trust (chap. Iv)

Sale and Trust (chap. Iv)

Contains various laws concerning sale and exchange. The mere payment of money does not constitute the sale; and the buyer may legally cancel the sale and claim the return of the money, unless he has "drawn" the thing bought away from its place: this "drawing" ("meshikah") makes the sale final. Until such act is performed the seller is to some extent a shomer ḥinnam of the money paid. Similarly may the buyer become a shomer ḥinnam of the thing bought, if, on finding that he has been cheated, he wants to cancel the sale, to return the thing bought, and to claim the money back. What constitutes cheating ("onaah") is defined in the course of this chapter. (See Alienation).

Ch. v. deals with laws concerning interest, which have nothing in common with the laws concerning shomer ḥinnam beyond the fact that taking interest and cheating ("onaah" of chap. iv.) both consist of an illegal addition to what is actually due. The laws prohibiting the taking of interest are very severe, and extend to all business transactions that in any way resemble the taking of interest. The two terms for taking interest, "neshekh" (interest), and "tarbit" (increase), used in (Lev 25:36) are explained and illustrated by examples (ch. v. 1-10). According to the Mishnah "the lender, who takes interest, the borrower who pays it, the witnesses, the security, and the clerk who writes the document, are all guilty of having broken the law concerning interest" (ch. v. 11). (See Usury).