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Bava Basra 138: Ribis
Sam Kosofsky asked:
Rebbe,
The Gemara says that a person can leave more than what is owed to a debtor.
Why is this not ribit or avak ribit?
Kol tuv,
Sam Kosofsky
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The Kollel replies:
Before answering your question, it should be stressed that this is not a matter
of Ribis dOraisa, since it was not fixed, but at worst, Ribis dRabanan (Ribis
Meucheres, as we shall see).
The Rashba (as well as a number of other Rishonim) deals with this issue. He
explains that in the Seifa, where the Shechiv-Mra added beChovo, he does
not receive more than his debt because it is Ribis Meucheres. This is not the
case in the Reisha he adds, where he merely said liPeloni Baal-Chovi. This
does not insinuate that he is giving him the gift on account of the loan (since
he did not mention the debt), and liPeloni Baal-Chovi merely indicates that
he likes him because of the many favours that he did for him.
Incidentally, there is a similar Gemara later on 145a & b, in connection with
the Shushbinus (where Reuven attended Shimons wedding and gave him a gift,
obligating Shimon to reciprocate when he gets married). The Beraisa there rules
that, although reciprocation is considered a debt, it is not subject to Ribis,
so Shimon is permitted to give Reuven a larger gift than the one that Reuven
gave him). And the Gemara explains that this ie because he did not give it to
him as Ribis (only in the form of a gift - Rabeinu Gershom).
Perhaps we need to relearn Eizehu Neshech, but thats what the Rishonim say.
BeVirchas Kol Tuv,
Eliezer Chrysler
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