Wednesday, December 07, 2016

Rosh BM 72a - rabbis uprooting Biblical law

In today’s daf (Bava Metzia 72a) we read the following, about collecting interest from loans to and from gentiles after they have converted:

Our Rabbis taught: If an Israelite borrowed money on interest from a heathen and then recorded them [Viz., the principal and the interest] against him as a loan,4  and he [the creditor] became a proselyte: if this settlement preceded his conversion, he may exact both the principal and the interest; if it followed his conversion, he may collect the principal, but not the interest.5  Similarly, if a heathen borrowed money on interest from an Israelite, and then recorded them [the principal and the interest] against him as a loan, and became a proselyte: if the settlement preceded his conversion, he [the Israelite] may exact both the principal and the interest; if it followed his conversion, he may exact the principal but not the interest. R. Jose ruled: If a heathen borrowed money from an Israelite on interest, then in both cases [whether conversion preceded the settlement or the reverse] he may collect both the principal and the interest. Raba said in the name of R. Hisda in the name of R. Huna: The halachah is as R. Jose. Raba said: What is the reason of R. Jose? That it should not be said that he turned a proselyte for the sake of money.6

There is a remarkable Rosh on this: After citing the gemara, up to Rava’s explanation of Rabbi Yossi (with whom the halacha accords), he writes:


“Rava said: What is the reason of Rabbi Yossi? That it should not be said that he converted for the sake of money. Therefore we take from him [the convert who borrowed with interest before he converted] even the interest which accrues after he converted until the time of payment. Even though he is thereby performing a Biblical prohibition, the Sages have to uproot a matter from the Torah, even in case of a sin.”

See also the Hagahot Hagra on this:



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