משנה: כָּל־הָאוּמָּנִין שׁוֹמְרֵי שָׂכָר וְכוּלָּן שֶׁאָֽמְרוּ טוֹל אֶת שֶׁלָּךְ וְהָבֵא מָעוֹת שׁוֹמֵר חִנָּם. שְׁמוֹר לִי וְאֶשְׁמֹר לָךְ שׁוֹמֵר שָׂכָר. שְׁמוֹר לִי וְאָמַר לוֹ הַנַּח לְפָנֶיךָ שׁוֹמֵר חִנָּם. הַמַּלְוֶה עַל הַמַּשְׁכּוֹן שׁוֹמֵר שָׂכָר. רִבִּי יוּדָה אוֹמֵר הִלְוָהוּ מָעוֹת שׁוֹמֵר חִנָּם הִלװָהוּ פֵירוֹת שׁוֹמֵר שָׂכָר. אָבָּא שָׁאוּל אוֹמֵר מוּתָּר אָדָם לְהַשְׂכִּיר מַשְׁכּוֹנוֹ שֶׁל עָנִי לִהְיוֹת פּוֹסֵק עָלָיו וְהוֹלֵךְ מִפְּנֵי שֶׁהוּא כְמֵשִׁיב אֲבֵידָה. MISHNAH: All artisans are paid trustees70As such, he is liable if the article was stolen or lost, in contrast to the unpaid trustee who swears but does not pay (Mishnah 7:9). Since the artisan earns his money by creating or repairing other people’s possessions, he is rewarded for having them., but in any case where he said, take what is yours and bring money, he becomes an unpaid trustee71From the moment the client is informed that his order is ready, the artisan no longer has a monetary interest in keeping the object.. Watch over what is mine and I shall watch over what is yours, paid trustee72The mutual services are worth money.. Watch over what is mine, and he said, put it down before you, an unpaid trustee73As the Halakhah points out, the Mishnah really should read: “put it down before me”, as in the Babli and the Mishnah manuscript corrected by Maimonides in his autograph Commentary.. He who gives a loan on a pledge is a paid trustee74The pledge will save the creditor an application to the court for forclosure in case the loan was not repaid. This convenience is worth money in the opinion of this Tanna.; Rebbi Jehudah said, if he lent money, he is an unpaid trustee75In his opinion, the possibility of a future advantage is not money’s worth today., if produce, a paid trustee76Giving a loan in produce against a pledge transfers the risk of spoilage to the borrower. This is an immediate advantage to the creditor which makes him a paid trustee.. Abba Shaul said, a person is authorized to rent out a poor person’s pledge to continuously slice off [from the loan] because he is like a person who returns lost property77The creditor of a loan on a pledge by a poor person has automatic permission to transform the loan into an antichretic loan in which the yield of the pledge is used to amortize (“slice off”) the loan. Once the loan is repaid, the pledge is returned to the borrower who otherwise probably would have no possibility of redeeming his pledge. Cf. Giṭṭin 4:6, Note 168..
הלכה: כָּל־הָאוּמָּנִין שׁוֹמְרֵי שָׂכָר כול׳. הָדָא אַנְטִיכְרֵיסִים רִבִּית הוּא. HALAKHAH: “All artisans are paid trustees,” etc. This ἀντίχρησις78In E correctly: אנטיכריסיס “Substitution of usufruct for interest.” The antichretic loan described by Abba Shaul is unquestionably permitted since it is easily verifiable that all earnings of the pledge be used to reduce the amount of the loan. What is questionable is a loan in which the creditor himself uses the pledge and credits the borrower’s account with a specified amount per accounting period. It is held that such a set-up automatically contains a certain amount of interest and is permissible only between Jews and Gentiles. is interest.
שְׁמוּאֵל אָמַר. כְּשֶׁאָמַר לוֹ. הַנַּח לְפָנַיי. אֲבָל אָמַר לוֹ. הַנַּח לְפָנֶיךָ. אֵינוֹ לֹא שׁוֹמֵר חִנָּם וְלֹא שׁוֹמֵר שָׂכָר. Samuel79Reading of E and editio princeps. L has ששאל “that he asked”, a scribal error. In the Babli, 81b, the statement is attributed to Rav’s student Rav Huna. said, if he said, put it down before me. But if he said, put it down before yourself, he is neither an unapaid nor a paid trustee80The Yerushalmi version really is a rejection of any responsibility by the person asked to act as trustee..
אָמַר רִבִּי יוֹחָנָן. רוֹצֵה אָדָם לִיתֵּן כַּמָּה וְלִמְכּוֹר פֵּירוֹתָיו עַל יְדֵי מַשְׁכּוֹן. רִבִּי אַבָּהוּ בְשֵׁם רִבִּי יוֹסֵי בֶן חֲנִינָה. רוֹצֵה אָדָם לִיתֵּן כַּמָּה וְלִמְכּוֹר פֵּירוֹתָיו לְמִי שֶׁיְּפַייְסֶנּוּ עַל יְדֵי מַשְׁכּוֹן. Rebbi Joḥanan said, a person is ready to give something so that he can sell his produce based on a pledge81He gives a reason for R. Jehudah to declare the lender of produce to be a paid trustee. The creditor not only transfers the risk of spoilage to the borrower but also has his claim covered by a pledge.. Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina said, a person is ready to give something so that he can sell his produce to somebody who will appease him by a pledge82He differs with R. Joḥanan in extending the status of paid trustee not only to the person who lends against a pledge but also to the lender without pledge who only receives a pledge later against extension of the loan for an additional period..