Masechet Bava Kamma 97a: Overlap of two principles, זה נהנה וזה לא חסר, and מיחזי כריבית

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September 20 2016
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Series: Daf Yomi

Venue: Jerusalem Jerusalem

Gemara:
Halacha:

Collections: R' Berzon Daf Yomi Baba Kama

References: Bava Kamma: 97a  

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Our sugya in Masechet Bava Kamma 97a addressesthe overlap of two principles, זה נהנה וזה לא חסר, and מיחזי כריבית, in the case of a מלוה who took possession of the Eved of the לוה and enjoys the monetary benefit of the Eved's work. Although the Malveh cannot be forced to compensate the Loveh if the work was done during the time when the Eved is not working for his Master (i.e. the לוה), nevertheless there may be an issue of ריבית since in addition to monies payed back to him to repay the loan, the לוה has "paid" additional value in the form of the work of the Eved.

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