Study Temurah folio 6B with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.
Text Excerpt
אבק רבית אינה יוצאה בדיינין, ורבי יוחנן אמר: אפילו רבית קצוצה אינה יוצאה בדיינין.
If a debtor paid a hint of interest and petitions the court to have it returned to him, it is not repossessed from the creditor by the judges of the court. And R' Yoḥanan says: Even fixed interest is not repossessed by the judges. Abaye holds that transgressions are effective, and the interest now belongs to the creditor and cannot be repossessed, in accordance with the opinion of R' Yoḥanan. Therefore, the judges do not appropriate it. Rava holds that transgressions are not effective, and the creditor is in unlawful possession of the interest. Therefore, the judges repossess it, in accordance with the opinion of R' Elazar.
אמר ליה: התם בסברא פליגי? התם בקראי פליגי! דאמר רבי יצחק: מאי טעמא דרבי יוחנן? אמר קרא: ״בנשך נתן ותרבית לקח וחי לא יחיה״, לחיים ניתן ולא להישבון.
Rav Aḥa said to Rav Ashi: There, in the dispute concerning fixed interest, do R' Elazar and R' Yoḥanan disagree with regard to logical reasoning, i.e., the principle of whether transgressions are effective? Not so; rather, they disagree there with regard to the interpretation of the verses, as R' Yitzḥak said: What is the reasoning of R' Yoḥanan? The verse states: “[He] has given forth upon interest, and has taken increase; should he then live? He should not live; he has done all these abominations; he should be put to death; his blood should be upon him” (Ezekiel 18:13). Apparently, a usurer is subject to divine punishment for his life, but the interest is not subject to returning. This is the source for the opinion of R' Yoḥanan.
רב אחא בר אדא אמר מהכא: ״ויראת מאלהיך... אני ה׳״ — למורא נתתיו, ולא להישבון.
Rav Aḥa bar Adda said that the source for the opinion of R' Yoḥanan is from here: “Take no interest of him or increase, but fear your God, that your brother may live with you. You should not give him your money upon interest, nor give him your provisions for increase; I am YHWH” (Leviticus 25:36–38). In effect, God is saying: I have made a usurer subject to punishment for insufficient fear of Me, but the interest is not subject to returning.