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Today's Daf Yomi

April 21, 2017 | ื›ืดื” ื‘ื ื™ืกืŸ ืชืฉืขืดื–

  • This month's learning is sponsored by Joanna Rom and Steven Goldberg in loving memory of Steve's mother Shirley "Nana" Goldberg (Sura Tema bat Chaim v'Hanka)

Bava Batra 89

11 braitotย are brought which discuss the importance of being honest in measuring and keeping in line with the local customs. ย What are the measurements for building a balance beam? ย The measurements depend on what type of item one is measuring. ย A city needs to set up inspectors for checking that people have accurate weights but there is a debate about whether or not one needs inspectors for controlling prices. ย Various other details are discussed.

ืžื•ื”ื™ื” ืื ืฉืžื•ืข ืชืฉืžืข ื•ืขื“ ืœืขื‘ื“ื ื•ืงืœืœืŸ ื‘ืขืฉืจื™ื ื•ืฉืชื™ื ืžื•ื”ื™ื” ืื ืœื ืชืฉืžืข ืขื“ ื•ืื™ืŸ ืงื ื”

from the letter vav that begins the verse: โ€œAnd it shall come to pass [vehaya], if you shall hearken diligentlyโ€ (Deuteronomy 28:1), until: โ€œTo serve them [leโ€™ovdam]โ€ (Deuteronomy 28:14), which ends with the letter mem. And he cursed them with twenty-two letters, from the letter vav that begins the verse: โ€œBut it shall come to pass [vehaya], if you will not hearken to the voice of the Lordโ€ (Deuteronomy 28:15), until: โ€œAnd no man shall buy [koneh]โ€ (Deuteronomy 28:68). This verse ends with a letter heh, which comes just before vav in the alphabet. Starting with a vav and ending with a heh encompasses the twenty-two letters of the alphabet.

ืžืงื•ื ืฉื ื”ื’ื• ืœืžื•ื“ ื‘ื’ืกื” ื›ื•ืณ (ืกื™ืžืŸ ืื™ืŸ ืžืขื™ื™ื ื™ืŸ ื•ืื™ืŸ ื’ื•ื“ืฉื™ืŸ ื‘ืื’ืจื“ืžื™ืŸ ื•ื‘ืœื™ื˜ืจื ืฉืœืฉื” ื•ืขืฉืจ ื ืคืฉ ืžืฉืงืœื•ืช ืžืžื—ืง ืขื‘ื” ืœื ืชืขืฉื• ืœื ื™ืขืฉื”)

ยง The mishna teaches that in a place where they were accustomed to measure with one large measuring vessel, one may not measure with several small measuring vessels. In a place where the custom is to level the top of the measuring vessel to remove substances heaped above its edges, one may not heap it; and where they are accustomed to heap it, one may not level it. The Gemara provides a mnemonic for the ensuing halakhot: One may not balance with precision; and one may not heap it; with market inspectors [baโ€™agardamin]; and with a litra; three; and ten; fulcrum; weights; a thick leveler; you may not do; one may not do.

ืชื ื• ืจื‘ื ืŸ ืžื ื™ืŸ ืฉืื™ืŸ ืžื•ื—ืงื™ืŸ ื‘ืžืงื•ื ืฉื’ื•ื“ืฉื™ืŸ ื•ืื™ืŸ ื’ื•ื“ืฉื™ืŸ ื‘ืžืงื•ื ืฉืžื•ื—ืงื™ืŸ ืชืœืžื•ื“ ืœื•ืžืจ ืื™ืคื” ืฉืœืžื”

The Sages taught: From where is it derived that one may not level a measuring vessel in a place where they are accustomed to heap it and that one may not heap it in a place where they are accustomed to level it? The verse states: โ€œA perfect weightโ€ (Deuteronomy 25:15), which indicates that one must use whatever is considered a perfect measuring vessel in that locale, as this ensures that there is no deception or trickery.

ื•ืžื ื™ืŸ ืฉืื ืืžืจ ื”ืจื™ื ื™ ืžื•ื—ืง ื‘ืžืงื•ื ืฉื’ื•ื“ืฉื™ืŸ ื•ืœืคื—ื•ืช ืœื• ืžืŸ ื”ื“ืžื™ื ื•ื”ืจื™ื ื™ ื’ื•ื“ืฉ ื‘ืžืงื•ื ืฉืžื•ื—ืงื™ืŸ ื•ืœื”ื•ืกื™ืฃ ืœื• ืขืœ ื”ื“ืžื™ื ืฉืื™ืŸ ืฉื•ืžืขื™ืŸ ืœื• ืชืœืžื•ื“ ืœื•ืžืจ ืื™ืคื” ืฉืœืžื” ื•ืฆื“ืง ื™ื”ื™ื” ืœืš

And from where is it derived that if the seller said in a place where they heap: I am hereby leveling and am willing in exchange to reduce the price for you, or said, in a place where they level: I am hereby heaping and am willing to increase the price for you, that the court does not listen to him? The verse states: โ€œA perfect and just weight you shall haveโ€ (Deuteronomy 25:15). The addition of the term โ€œjust,โ€ beyond the requirement that the weight be โ€œperfect,โ€ teaches that one must keep his weights in a just manner, i.e., that employed by the people of that locale.

ืชื ื• ืจื‘ื ืŸ ืžื ื™ืŸ ืฉืื™ืŸ ืžืขื™ื™ื ื™ืŸ ื‘ืžืงื•ื ืฉืžื›ืจื™ืขื™ืŸ ื•ืื™ืŸ ืžื›ืจื™ืขื™ืŸ ื‘ืžืงื•ื ืฉืžืขื™ื™ื ื™ืŸ ืชืœืžื•ื“ ืœื•ืžืจ ืื‘ืŸ ืฉืœืžื”

The Sages taught: From where is it derived that one may not balance a scale so that it will balance with precision [meโ€™ayyenin] in a place where they are accustomed to let the scales tilt a handbreadth for the benefit of the buyer, and that one may not let the scales tilt a handbreadth in a place where they are accustomed to balance with precision? The verse states: โ€œA perfect weightโ€ (Deuteronomy 25:15), which teaches that the weight must be considered perfect in that locale.

ื•ืžื ื™ืŸ ืฉืื ืืžืจ ื”ืจื™ื ื™ ืžืขื™ื™ืŸ ื‘ืžืงื•ื ืฉืžื›ืจื™ืขื™ืŸ ื•ืœืคื—ื•ืช ืœื• ืžืŸ ื”ื“ืžื™ื ื•ื”ืจื™ื ื™ ืžื›ืจื™ืข ื‘ืžืงื•ื ืฉืžืขื™ื™ื ื™ืŸ ื•ืœื”ื•ืกื™ืฃ ืœื• ืขืœ ื”ื“ืžื™ื ืฉืื™ืŸ ืฉื•ืžืขื™ืŸ ืœื• ืชืœืžื•ื“ ืœื•ืžืจ ืื‘ืŸ ืฉืœืžื” ื•ืฆื“ืง

And from where is it derived that if a seller said, in a place where it is the custom to let the scales tilt a handbreadth: I am hereby balancing with precision and am willing to reduce the price for the buyer; or, in a place where it is the custom to balance with precision: I am hereby letting the scales tilt a handbreadth and am willing to increase the price for the buyer, that the court does not listen to him? The verse states: โ€œA perfect and just weightโ€ (Deuteronomy 25:15), which teaches that the just way of acting is to weigh in accordance with the practice in that locale.

ืืžืจ ืจื‘ ื™ื”ื•ื“ื” ืžืกื•ืจื ืœื ื™ื”ื™ื” ืœืš ื‘ื‘ื™ืชืš ืžื” ื˜ืขื ืžืฉื•ื ืื™ืคื” ื•ืื™ืคื”

Rav Yehuda of Sura says a homiletic interpretation of the phrase: โ€œYou shall not have in your house diverse measuresโ€ (Deuteronomy 25:14): โ€œYou shall not have in your houseโ€ means that you will become a pauper, who has nothing in his house. What is the reason for this? It is due to the fact that you used diverse measures, buying with a large vessel and selling with a small one.

ืœื ื™ื”ื™ื” ืœืš ื‘ื›ื™ืกืš ืžื” ื˜ืขื ืžืฉื•ื ืื‘ืŸ ื•ืื‘ืŸ ืื‘ืœ ืื‘ืŸ ืฉืœืžื” ื•ืฆื“ืง ื™ื”ื™ื” ืœืš ืื™ืคื” ืฉืœืžื” ื•ืฆื“ืง ื™ื”ื™ื” ืœืš

The phrase: โ€œYou shall not have in your purse diverse weightsโ€ (Deuteronomy 25:13), is interpreted in a similar fashion: โ€œYou shall not have in your purse,โ€ i.e., you will become a pauper, who has nothing in his purse. What is the reason for this? It is due to the fact that you used diverse weights. But if you possess only โ€œa perfect and just weight,โ€ then โ€œyou shall haveโ€ wealth. Likewise, if you possess only โ€œa perfect and just measure,โ€ then โ€œyou shall haveโ€ wealth.

ืชื ื• ืจื‘ื ืŸ (ืœื) ื™ื”ื™ื” ืœืš ืžืœืžื“ ืฉืžืขืžื™ื“ื™ืŸ ืื’ืจื“ืžื™ืŸ ืœืžื“ื•ืช ื•ืื™ืŸ ืžืขืžื™ื“ื™ืŸ ืื’ืจื“ืžื™ืŸ ืœืฉืขืจื™ื ื“ื‘ื™ ื ืฉื™ืื” ืื•ืงื™ืžื• ืื’ืจื“ืžื™ืŸ ื‘ื™ืŸ ืœืžื“ื•ืช ื‘ื™ืŸ ืœืฉืขืจื™ื ืืžืจ ืœื™ื” ืฉืžื•ืืœ ืœืงืจื ื ืคื•ืง ืชื ื™ ืœื”ื• ืžืขืžื™ื“ื™ืŸ ืื’ืจื“ืžื™ืŸ ืœืžื“ื•ืช ื•ืื™ืŸ ืžืขืžื™ื“ื™ืŸ ืื’ืจื“ืžื™ืŸ ืœืฉืขืจื™ื

ยง The Sages taught that the phrase: โ€œYou shall not have,โ€ teaches that the court appoints market inspectors to supervise the accuracy of measures. The Gemara infers: But the court does not appoint market inspectors for supervising market prices. The Gemara relates: The house of the Nasi appointed market inspectors for supervising both measures and prices. Shmuel said to his student, the Sage Karna: Go out and teach them that one appoints market inspectors for supervising measures but one does not appoint market inspectors for prices.

ื ืคืง ื“ืจืฉ ืœื”ื• ืžืขืžื™ื“ื™ืŸ ืื’ืจื“ืžื™ืŸ ื‘ื™ืŸ ืœืžื“ื•ืช ื‘ื™ืŸ ืœืฉืขืจื™ื ืืžืจ ืœื™ื” ืžื” ืฉืžืš ืงืจื ื ืชื™ืคื•ืง ืœื™ื” ืงืจื ื ื‘ืขื™ื ื™ื” ื ืคืงื ืœื™ื” ืงืจื ื ื‘ืขื™ื ื™ื” ื•ืื™ื”ื• ื›ืžืืŸ ืกื‘ืจ ื›ื™ ื”ื ื“ืืžืจ ืจืžื™ ื‘ืจ ื—ืžื ืืžืจ ืจื‘ื™ ื™ืฆื—ืง ืžืขืžื™ื“ื™ืŸ ืื’ืจื“ืžื™ืŸ ื‘ื™ืŸ ืœืžื“ื•ืช ื‘ื™ืŸ ืœืฉืขืจื™ื ืžืคื ื™ ื”ืจืžืื™ืŸ

Karna went out and taught them that one appoints market inspectors for supervising both measures and prices. Shmuel, hearing what he had done, said to him: What is your name? He replied: Karna. Shmuel said: Let a horn [karna] emerge in his eye. A horn, i.e., a growth of flesh, emerged in his eye. The Gemara asks: And Karna, in accordance with whose opinion did he hold, which led him to disregard his teacherโ€™s statement? He held in accordance with that which Rami bar แธคama says that Rabbi Yitzแธฅak says: One appoints market inspectors for supervising both measures and prices, due to swindlers, to prevent people from using smaller measures or from selling at a steep price while falsely claiming that they are selling superior-quality merchandise.

ืชื ื• ืจื‘ื ืŸ ื”ื™ื” ืžื‘ืงืฉ ืžืžื ื• ืœื™ื˜ืจื ืฉื•ืงืœ ืœื• ืœื™ื˜ืจื ื—ืฆื™ ืœื™ื˜ืจื ืฉื•ืงืœ ืœื• ื—ืฆื™ ืœื™ื˜ืจื ืจื‘ื™ืข ืœื™ื˜ืจื ืฉื•ืงืœ ืœื• ืจื‘ื™ืข ืœื™ื˜ืจื ืžืื™ ืงื ืžืฉืžืข ืœืŸ ื“ืžืชืงื ื™ื ืŸ ืžืชืงืœื™ ืขื“ ื”ื›ื™

The Gemara discusses several halakhot related to the cases of the mishna. The Sages taught: If the buyer requested from the seller a litra of a specific item, he weighs for him using a litra weight. If he asks for half a litra, he weighs for him using a half-litra weight. If he wants one-quarter of a litra, he weighs for him using a quarterlitra weight. The Gemara asks: Isnโ€™t this obvious? What is this baraita teaching us? The Gemara explains: It teaches that one sets weights until this amount, one-quarter of a litra, but not less. If a buyer asks the seller to weigh a smaller amount for him, his request is not granted.

ืชื ื• ืจื‘ื ืŸ ื”ื™ื” ืžื‘ืงืฉ ืžืžื ื• ืฉืœืฉื” ืจื‘ืขื™ ืœื™ื˜ืจื ืœื ื™ืืžืจ ืœื• ืฉืงื•ืœ ืœื™ ืฉืœืฉื” ืจื‘ืขื™ ืœื™ื˜ืจื ืื—ืช ืื—ืช ืืœื ืฉื•ืงืœ ืœื™ื˜ืจื ื•ืžื ื™ื— ืจื‘ื™ืข ืœื™ื˜ืจื ืขื ื”ื‘ืฉืจ

Furthermore, the Sages taught: If the buyer requested from him three-quarters of a litra, and there is no weight equal to this amount, the buyer may not say to him: Weigh for me three units using a quarter-litra weight, one by one, so that the seller lets the scales tilt by a handbreadth as he measures each quarter-litra weight. Rather, he weighs the merchandise all at once, as he places a litra weight on one pan of the scale, and places on the other pan of the scale a quarter-litra weight together with the meat that is being sold.

ืชื ื• ืจื‘ื ืŸ ื”ื™ื” ืžื‘ืงืฉ ืžืžื ื• ืขืฉืจ ืœื™ื˜ืจื™ืŸ ืœื ื™ืืžืจ ืœื• ืฉืงื•ืœ ืœื™ ืื—ืช ืื—ืช ื•ื”ื›ืจื™ืข ืืœื ืฉื•ืงืœ ืœื• ื›ื•ืœืŸ ื‘ื‘ืช ืื—ืช ื•ื ื•ืชืŸ ื”ื›ืจืข ืื—ื“ ืœื›ื•ืœืŸ

The Sages likewise taught: In a case where the buyer requested from the seller ten litra of merchandise, the buyer may not say to him: Weigh for me each litra one by one, and let the scales tilt each time, as on every occasion that the seller does this the buyer receives more than that for which he paid. Rather, he weighs all the merchandise at the same time and lets the scales tilt once for all the merchandise.

ืชื ื• ืจื‘ื ืŸ ื ืคืฉ ืžืื–ื ื™ื ืชืœื•ื™ื” ื‘ืื•ื™ืจ ืฉืœืฉื” ื˜ืคื—ื™ื ื•ื’ื‘ื•ื”ื” ืžืŸ ื”ืืจืฅ ืฉืœืฉื” ื˜ืคื—ื™ื ื•ืงื ื” ื•ืžืชื ื ืฉืœื” ืฉื ื™ื ืขืฉืจ ื˜ืคื—ื™ื ื•ืฉืœ ืฆืžืจื™ื ื•ืฉืœ ื–ื’ื’ื™ืŸ ืชืœื•ื™ื” ื‘ืื•ื™ืจ ืฉื ื™ ื˜ืคื—ื™ื ื•ื’ื‘ื•ื”ื” ืžืŸ ื”ืืจืฅ ืฉื ื™ ื˜ืคื—ื™ื ื•ืงื ื” ื•ืžืชื ื ืฉืœื” ืชืฉืขื” ื˜ืคื—ื™ื

ยง The Sages taught: The fulcrum of a scale must be suspen-ded in the air so that the point the lever goes through it is at a distance of three handbreadths from the ceiling, and the pans of the scale must be three handbreadths above the ground. And the scaleโ€™s lever and cord, from which each pan is suspended, must be twelve handbreadths long. And the fulcrum of a scale of wool-weavers and glassmakers must be suspended in the air at a distance of two handbreadths from the ceiling, and the pans of the scale must be two handbreadths above the ground. And its lever and cord must be nine handbreadths long.

ื•ืฉืœ ื—ื ื•ื•ื ื™ ื•ืฉืœ ื‘ืขืœ ื”ื‘ื™ืช ืชืœื•ื™ื” ื‘ืื•ื™ืจ ื˜ืคื— ื•ื’ื‘ื•ื”ื” ืžืŸ ื”ืืจืฅ ื˜ืคื— ื•ืงื ื” ื•ืžืชื ื ืฉืœื” ืฉืฉื” ื˜ืคื—ื™ื ื•ืฉืœ ื˜ื•ืจื˜ื ื™ ืชืœื•ื™ื” ื‘ืื•ื™ืจ ืฉืœืฉ ืืฆื‘ืขื•ืช ื•ื’ื‘ื•ื”ื” ืžืŸ ื”ืืจืฅ ืฉืœืฉ ืืฆื‘ืขื•ืช ื•ืงื ื” ื•ืžืชื ื ืฉืœื” ืื™ื ื™ ื™ื•ื“ืข

And the fulcrum of a scale of a storekeeper and of a homeowner must be suspended in the air at a distance of one handbreadth from the ceiling, and the pans of the scale must be one handbreadth above the ground. And its lever and cord must be six handbreadths long. And the fulcrums of small scales [turtanei] used for weighing gold and silver must be suspended in the air at a distance of three fingerbreadths from the ceiling, and the pans of the scales must be three fingerbreadths above the ground. The tanna continues: But with regard to its lever and cord, I do not know their required length.

ื•ืืœื ื”ืš ืงืžื™ื™ืชื ื“ืžืื™

Since the function of each type of balance scale is mentioned with the exception of the first type, the Gemara asks: And that large balance scale, which is mentioned first, for what is it used?

ืืžืจ ืจื‘ ืคืคื ื“ื™ื’ืจื•ืžื™

Rav Pappa says: It is a balance scale for blacksmiths, who weigh heavy pieces of metal.

ืืžืจ ืจื‘ื™ ืžื ื™ ื‘ืจ ืคื˜ื™ืฉ ื›ื“ืจืš ืฉืืžืจื• ืœืขื ื™ืŸ ืื™ืกื•ืจืŸ ื›ืš ืืžืจื• ืœืขื ื™ืŸ ื˜ื•ืžืืชืŸ

Rabbi Mani Bar Pattish says: Just as the Sages said with regard to the prohibition of the scales that one may not use a scale that does not meet the criteria listed in the baraita, so too they said that this applies with regard to their ritual impurity. In other words, if the cords and pole are not attached in the proper manner, they are not susceptible to ritual impurity as part of the scale.

ืžืื™ ืงื ืžืฉืžืข ืœืŸ ืชื ื™ื ื ื—ื•ื˜ ืžืื–ื ื™ื ืฉืœ ื—ื ื•ื ื™ ื•ืฉืœ ื‘ืขืœื™ ื‘ืชื™ื ื˜ืคื— ืงื ื” ื•ืžืชื ื ืฉืœื” ืื™ืฆื˜ืจื™ื›ื ืœื™ื” ื“ืœื ืชื ืŸ

The Gemara asks: What is this statement teaching us? We learned in a mishna (Kelim 29:5): With regard to the rope from which the scales are suspended, if the balance scale belongs to a storekeeper or to homeowners it must be one handbreadth in length for it to be susceptible to ritual impurity. Why, then, is the statement of Rabbi Mani Bar Pattish necessary? The Gemara answers: Although the mishna in tractate Kelim discusses the rope from which the scales are suspended, it was still necessary for Rabbi Mani Bar Pattish to mention the halakha with regard to the scaleโ€™s lever and cord, which we did not learn about in that mishna.

ืชื ื• ืจื‘ื ืŸ ืื™ืŸ ืขื•ืฉื™ืŸ ืžืฉืงืœื•ืช ืœื ืฉืœ ื‘ืขืฅ ื•ืœื ืฉืœ ืื‘ืจ ื•ืœื ืฉืœ ื’ื™ืกื˜ืจื•ืŸ ื•ืœื ืฉืœ ืฉืืจ ืžื™ื ื™ ืžืชื›ื•ืช ืื‘ืœ ืขื•ืฉื” ื”ื•ื ืฉืœ ืฆื•ื ืžื ื•ืฉืœ ื–ื›ื•ื›ื™ืช

ยง The Sages taught: One may not prepare weights of tin [baโ€™atz], nor of lead, nor of a metal alloy [gisteron], nor of any other types of metal, because all of these deteriorate over time and the buyer will ultimately pay for more merchandise than he receives. But one may prepare weights of hard rock and of glass.

ืชื ื• ืจื‘ื ืŸ ืื™ืŸ ืขื•ืฉื™ืŸ ื”ืžื—ืง ืฉืœ ื“ืœืขืช ืžืคื ื™ ืฉื”ื•ื ืงืœ ื•ืœื ืฉืœ ืžืชื›ืช ืžืคื ื™ ืฉื”ื•ื ืžื›ื‘ื™ื“ ืื‘ืœ ืขื•ืฉื”ื• ืฉืœ ื–ื™ืช ื•ืฉืœ ืื’ื•ื– ืฉืœ ืฉืงืžื” ื•ืฉืœ ืืฉื‘ืจื•ืข

The Sages further taught: One may not prepare the leveler, used to remove the excess from the mouth of a vessel, from a gourd, because it is a light material and does not level effectively, thereby causing a loss for the seller. And it may not be made of metal, because it weighs down and removes too much of the merchandise, leading to a loss for the buyer. But one may prepare it from the wood of an olive tree, or of a nut tree, or of a sycamore tree, or of a boxwood tree,which are of medium weight.

ืชื ื• ืจื‘ื ืŸ ืื™ืŸ ืขื•ืฉื™ืŸ ืืช ื”ืžื—ืง ืฆื“ื• ืื—ื“ ืขื‘ ื•ืฆื“ื• ืื—ื“ ืงืฆืจ ืœื ื™ืžื—ื•ืง ื‘ื‘ืช ืื—ืช ืฉื”ืžื•ื—ืง ื‘ื‘ืช ืื—ืช ืจืข ืœืžื•ื›ืจ ื•ื™ืคื” ืœืœื•ืงื— ื•ืœื ื™ืžื—ื•ืง ืžืขื˜ ืžืขื˜ ืฉืจืข ืœืœื•ืงื— ื•ื™ืคื” ืœืžื•ื›ืจ

The Sages taught: One may not prepare the leveler in such a manner that one of its sides is thick and one other side is thin, because in such a case the two sides will not level equally. Furthermore, one may not level all at once, by a single quick movement, as one who levels all at once acts in a manner that is bad for the seller and good for the buyer, because he removes less of the excess than one who levels in the regular fashion. And conversely one may not level little by little, i.e., with several slow movements, as this is bad for the buyer and good for the seller.

ืขืœ ื›ื•ืœืŸ ืืžืจ ืจื‘ืŸ ื™ื•ื—ื ืŸ ื‘ืŸ ื–ื›ืื™ ืื•ื™ ืœื™ ืื ืื•ืžืจ ืื•ื™ ืœื™ ืื ืœื ืื•ืžืจ ืื ืื•ืžืจ ืฉืžื ื™ืœืžื“ื• ื”ืจืžืื™ืŸ ื•ืื ืœื ืื•ืžืจ ืฉืžื ื™ืืžืจื• ื”ืจืžืื™ืŸ ืื™ืŸ ืชืœืžื™ื“ื™ ื—ื›ืžื™ื ื‘ืงื™ืื™ืŸ ื‘ืžืขืฉื” ื™ื“ื™ื ื• ืื™ื‘ืขื™ื ืœื”ื• ืืžืจื” ืื• ืœื ืืžืจื” ืืžืจ ืจื‘ ืฉืžื•ืืœ ื‘ืจ ืจื‘ ื™ืฆื—ืง ืืžืจื” ื•ืžื”ืื™ ืงืจื ืืžืจื” ื›ื™ ื™ืฉืจื™ื ื“ืจื›ื™ ื”ืณ ื•ืฆื“ืงื™ื ื™ืœื›ื• ื‘ื ื•ืคืฉืขื™ื ื™ื›ืฉืœื• ื‘ื

Rabban Yoแธฅanan ben Zakkai said with regard to all these halakhot: Woe to me if I say them, and woe unto me if I do not say them. If I say them, perhaps swindlers will learn new methods of cheating of which they were previously unaware. And if I do not say them, perhaps swindlers will say: Torah scholars are not well versed in our handiwork. A dilemma was raised before the Sages: Did Rabban Yoแธฅanan ben Zakkai decide to say these halakhot in public or did he not say them? Rav Shmuel bar Rav Yitzแธฅak says: He said them, and he said them on the basis of this verse: โ€œFor the ways of the Lord are right, and the just walk in them; but transgressors stumble over themโ€ (Hosea 14:10).

ืชื ื• ืจื‘ื ืŸ ืœื ืชืขืฉื• ืขื•ืœ ื‘ืžืฉืคื˜ ื‘ืžื“ื” ื‘ืžืฉืงืœ ื•ื‘ืžืฉื•ืจื” ื‘ืžื“ื” ื–ื• ืžื“ื™ื“ืช ืงืจืงืข ืฉืœื ื™ืžื“ื•ื“ ืœืื—ื“ ื‘ื™ืžื•ืช ื”ื—ืžื” ื•ืœืื—ื“ ื‘ื™ืžื•ืช ื”ื’ืฉืžื™ื ื‘ืžืฉืงืœ ืฉืœื ื™ื˜ืžื™ืŸ ืžืฉืงืœื•ืชื™ื• ื‘ืžืœื— ื‘ืžืฉื•ืจื” ืฉืœื ื™ืจืชื™ื—

ยง The Gemara further discusses weights and measures. The Sages taught: โ€œYou shall do no unrighteousness in judgment, in measure [bammidda], in weight, or in measure [uvamesura]โ€ (Leviticus 19:35). The baraita defines these terms: โ€œIn measure [bammidda],โ€ this is referring to measuring land, teaching that in order to measure land in a just manner one may not measure for one person in the summer when the measuring rope has become dry and short, and for one other individual in the rainy season, when the measuring rope is wet and limp, and therefore stretches more. โ€œIn weightโ€ means that one may not cover his weights in salt, as salt erodes the weights, causing a loss for the buyer. โ€œOr in measure [bamesura]โ€ means that one may not cause liquid he is measuring to foam by pouring it speedily, as this results in a loss for the buyer, who receives less of the liquid than the amount for which he paid.

ื•ืงืœ ื•ื—ื•ืžืจ ื•ืžื” ืžืฉื•ืจื” ืฉื”ื™ื ืื—ื“ ืžืฉืœืฉื™ื ื•ืฉืฉื” ื‘ืœื•ื’ ื”ืงืคื™ื“ื” ืขืœื™ื• ืชื•ืจื” ืงืœ ื•ื—ื•ืžืจ ืœื”ื™ืŸ ื•ื—ืฆื™ ื”ื™ืŸ ื•ืฉืœื™ืฉื™ืช ื”ื”ื™ืŸ ื•ืจื‘ื™ืขื™ืช ื”ื”ื™ืŸ ื•ืœื•ื’ ื•ื—ืฆื™ ืœื•ื’ ื•ืจื‘ื™ืขื™ืช ื•ื—ืฆื™ ืชื•ืžืŸ ื•ืขื•ื›ืœื

The Gemara notes: And it can be inferred by means of an a fortiori inference that if in the case of a mesura, which is a measure equivalent to merely one thirty-sixth of a log, the Torah was particular that one must measure honestly, so too, a fortiori, one must be careful in the case of one hin, and a half-hin, and a third-hin, and a quarter-hin, which is twelve log, and one log, and a half-log, and a quarter-log, and a half-tomen, i.e., one-sixteenth of a kav, and even an ukla, a smaller unit, as defined below.

ืืžืจ ืจื‘ ื™ื”ื•ื“ื” ืืžืจ ืจื‘ ืืกื•ืจ ืœืื“ื ืฉื™ืฉื”ื” ืžื“ื” ื—ืกืจื” ืื• ื™ืชืจื” ื‘ืชื•ืš ื‘ื™ืชื• ื•ืืคื™ืœื• ื”ื™ื ืขื‘ื™ื˜ ืฉืœ ืžื™ืžื™ ืจื’ืœื™ื ืืžืจ ืจื‘ ืคืคื ืœื ืืžืจืŸ ืืœื ื‘ืืชืจื ื“ืœื ื—ืชื™ืžื™ ืื‘ืœ ื‘ืืชืจื ื“ื—ืชื™ืžื™ ืื™ ืœื ื—ื–ื™ ื—ืชื™ืžื” ืœื ืฉืงื™ืœ ื•ื‘ืืชืจื ื“ืœื ื—ืชื™ืžื™ ื ืžื™ ืœื ืืžืจืŸ ืืœื ื“ืœื ืžื”ื ื“ืกื™ ืื‘ืœ ืžื”ื ื“ืกื™ ืœื™ืช ืœืŸ ื‘ื”

Rav Yehuda says that Rav says: It is prohibited for a person to keep in his house a measure that is too small or too large than its supposed volume or weight, and this is the case even if he does not measure with it but simply uses it as a chamber pot for urine. Rav Pappa said: We said this prohibition only with regard to a place where measures are not stamped with the governmentโ€™s seal, which confirms that the measure is accurate. But in a place where the measures are stamped, if the buyer does not see the seal he would not take the merchandise. Since they could not be used dishonestly, one is permitted to utilize these measures for other purposes. And in a place where measures are not stamped as well, we said that it is prohibited to keep these measures in oneโ€™s house only in a place where they do not inspect measures to see if they are fit for use. But if they do inspect measures, we have no problem with it.

ื•ืœื ื”ื™ื ื–ื™ืžื ื™ืŸ ื“ืžื™ืงืจื™ ื‘ื™ืŸ ื”ืฉืžืฉื•ืช ื•ืžื™ืงืจื™ ื•ืฉืงื™ืœ ืชื ื™ื ื ืžื™ ื”ื›ื™ ืœื ื™ืฉื”ื” ืื“ื ืžื“ื” ื—ืกืจื” ืื• ื™ืชืจื” ื‘ืชื•ืš ื‘ื™ืชื• ื•ืืคื™ืœื• ื”ื™ื ืขื‘ื™ื˜ ืฉืœ ืžื™ืžื™ ืจื’ืœื™ื ืื‘ืœ ืขื•ืฉื” ื”ื•ื ืกืื” ืชืจืงื‘ ื•ื—ืฆื™ ืชืจืงื‘ ื•ืงื‘ ื•ื—ืฆื™ ืงื‘ ื•ืจื•ื‘ืข ื•ืชื•ืžืŸ ื•ื—ืฆื™ ืชื•ืžืŸ

The Gemara comments: And that is not so; one is never permitted to keep incorrect measures in his house, as sometimes it happens that one measures at twilight, when people are hurried, and consequently it happens that the buyer takes the merchandise despite the fact that it was measured with an incorrect measure. This is also taught in a baraita: A person may not keep in his house a measure that is too small or too large, even if it is used as a chamber pot for urine. But he may prepare measures in accordance with the established format: Measurements of a seโ€™a; a tarkav, which is three kav or one-half of a seโ€™a; and a half-tarkav, which is one and one-half kav; and a kav; and a half-kav; and a quarter-kav; and a tomen, which is one-eighth of a kav; and a half-tomen;

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Bava Batra 89

The William Davidson Talmud | Powered by Sefaria

Bava Batra 89

ืžื•ื”ื™ื” ืื ืฉืžื•ืข ืชืฉืžืข ื•ืขื“ ืœืขื‘ื“ื ื•ืงืœืœืŸ ื‘ืขืฉืจื™ื ื•ืฉืชื™ื ืžื•ื”ื™ื” ืื ืœื ืชืฉืžืข ืขื“ ื•ืื™ืŸ ืงื ื”

from the letter vav that begins the verse: โ€œAnd it shall come to pass [vehaya], if you shall hearken diligentlyโ€ (Deuteronomy 28:1), until: โ€œTo serve them [leโ€™ovdam]โ€ (Deuteronomy 28:14), which ends with the letter mem. And he cursed them with twenty-two letters, from the letter vav that begins the verse: โ€œBut it shall come to pass [vehaya], if you will not hearken to the voice of the Lordโ€ (Deuteronomy 28:15), until: โ€œAnd no man shall buy [koneh]โ€ (Deuteronomy 28:68). This verse ends with a letter heh, which comes just before vav in the alphabet. Starting with a vav and ending with a heh encompasses the twenty-two letters of the alphabet.

ืžืงื•ื ืฉื ื”ื’ื• ืœืžื•ื“ ื‘ื’ืกื” ื›ื•ืณ (ืกื™ืžืŸ ืื™ืŸ ืžืขื™ื™ื ื™ืŸ ื•ืื™ืŸ ื’ื•ื“ืฉื™ืŸ ื‘ืื’ืจื“ืžื™ืŸ ื•ื‘ืœื™ื˜ืจื ืฉืœืฉื” ื•ืขืฉืจ ื ืคืฉ ืžืฉืงืœื•ืช ืžืžื—ืง ืขื‘ื” ืœื ืชืขืฉื• ืœื ื™ืขืฉื”)

ยง The mishna teaches that in a place where they were accustomed to measure with one large measuring vessel, one may not measure with several small measuring vessels. In a place where the custom is to level the top of the measuring vessel to remove substances heaped above its edges, one may not heap it; and where they are accustomed to heap it, one may not level it. The Gemara provides a mnemonic for the ensuing halakhot: One may not balance with precision; and one may not heap it; with market inspectors [baโ€™agardamin]; and with a litra; three; and ten; fulcrum; weights; a thick leveler; you may not do; one may not do.

ืชื ื• ืจื‘ื ืŸ ืžื ื™ืŸ ืฉืื™ืŸ ืžื•ื—ืงื™ืŸ ื‘ืžืงื•ื ืฉื’ื•ื“ืฉื™ืŸ ื•ืื™ืŸ ื’ื•ื“ืฉื™ืŸ ื‘ืžืงื•ื ืฉืžื•ื—ืงื™ืŸ ืชืœืžื•ื“ ืœื•ืžืจ ืื™ืคื” ืฉืœืžื”

The Sages taught: From where is it derived that one may not level a measuring vessel in a place where they are accustomed to heap it and that one may not heap it in a place where they are accustomed to level it? The verse states: โ€œA perfect weightโ€ (Deuteronomy 25:15), which indicates that one must use whatever is considered a perfect measuring vessel in that locale, as this ensures that there is no deception or trickery.

ื•ืžื ื™ืŸ ืฉืื ืืžืจ ื”ืจื™ื ื™ ืžื•ื—ืง ื‘ืžืงื•ื ืฉื’ื•ื“ืฉื™ืŸ ื•ืœืคื—ื•ืช ืœื• ืžืŸ ื”ื“ืžื™ื ื•ื”ืจื™ื ื™ ื’ื•ื“ืฉ ื‘ืžืงื•ื ืฉืžื•ื—ืงื™ืŸ ื•ืœื”ื•ืกื™ืฃ ืœื• ืขืœ ื”ื“ืžื™ื ืฉืื™ืŸ ืฉื•ืžืขื™ืŸ ืœื• ืชืœืžื•ื“ ืœื•ืžืจ ืื™ืคื” ืฉืœืžื” ื•ืฆื“ืง ื™ื”ื™ื” ืœืš

And from where is it derived that if the seller said in a place where they heap: I am hereby leveling and am willing in exchange to reduce the price for you, or said, in a place where they level: I am hereby heaping and am willing to increase the price for you, that the court does not listen to him? The verse states: โ€œA perfect and just weight you shall haveโ€ (Deuteronomy 25:15). The addition of the term โ€œjust,โ€ beyond the requirement that the weight be โ€œperfect,โ€ teaches that one must keep his weights in a just manner, i.e., that employed by the people of that locale.

ืชื ื• ืจื‘ื ืŸ ืžื ื™ืŸ ืฉืื™ืŸ ืžืขื™ื™ื ื™ืŸ ื‘ืžืงื•ื ืฉืžื›ืจื™ืขื™ืŸ ื•ืื™ืŸ ืžื›ืจื™ืขื™ืŸ ื‘ืžืงื•ื ืฉืžืขื™ื™ื ื™ืŸ ืชืœืžื•ื“ ืœื•ืžืจ ืื‘ืŸ ืฉืœืžื”

The Sages taught: From where is it derived that one may not balance a scale so that it will balance with precision [meโ€™ayyenin] in a place where they are accustomed to let the scales tilt a handbreadth for the benefit of the buyer, and that one may not let the scales tilt a handbreadth in a place where they are accustomed to balance with precision? The verse states: โ€œA perfect weightโ€ (Deuteronomy 25:15), which teaches that the weight must be considered perfect in that locale.

ื•ืžื ื™ืŸ ืฉืื ืืžืจ ื”ืจื™ื ื™ ืžืขื™ื™ืŸ ื‘ืžืงื•ื ืฉืžื›ืจื™ืขื™ืŸ ื•ืœืคื—ื•ืช ืœื• ืžืŸ ื”ื“ืžื™ื ื•ื”ืจื™ื ื™ ืžื›ืจื™ืข ื‘ืžืงื•ื ืฉืžืขื™ื™ื ื™ืŸ ื•ืœื”ื•ืกื™ืฃ ืœื• ืขืœ ื”ื“ืžื™ื ืฉืื™ืŸ ืฉื•ืžืขื™ืŸ ืœื• ืชืœืžื•ื“ ืœื•ืžืจ ืื‘ืŸ ืฉืœืžื” ื•ืฆื“ืง

And from where is it derived that if a seller said, in a place where it is the custom to let the scales tilt a handbreadth: I am hereby balancing with precision and am willing to reduce the price for the buyer; or, in a place where it is the custom to balance with precision: I am hereby letting the scales tilt a handbreadth and am willing to increase the price for the buyer, that the court does not listen to him? The verse states: โ€œA perfect and just weightโ€ (Deuteronomy 25:15), which teaches that the just way of acting is to weigh in accordance with the practice in that locale.

ืืžืจ ืจื‘ ื™ื”ื•ื“ื” ืžืกื•ืจื ืœื ื™ื”ื™ื” ืœืš ื‘ื‘ื™ืชืš ืžื” ื˜ืขื ืžืฉื•ื ืื™ืคื” ื•ืื™ืคื”

Rav Yehuda of Sura says a homiletic interpretation of the phrase: โ€œYou shall not have in your house diverse measuresโ€ (Deuteronomy 25:14): โ€œYou shall not have in your houseโ€ means that you will become a pauper, who has nothing in his house. What is the reason for this? It is due to the fact that you used diverse measures, buying with a large vessel and selling with a small one.

ืœื ื™ื”ื™ื” ืœืš ื‘ื›ื™ืกืš ืžื” ื˜ืขื ืžืฉื•ื ืื‘ืŸ ื•ืื‘ืŸ ืื‘ืœ ืื‘ืŸ ืฉืœืžื” ื•ืฆื“ืง ื™ื”ื™ื” ืœืš ืื™ืคื” ืฉืœืžื” ื•ืฆื“ืง ื™ื”ื™ื” ืœืš

The phrase: โ€œYou shall not have in your purse diverse weightsโ€ (Deuteronomy 25:13), is interpreted in a similar fashion: โ€œYou shall not have in your purse,โ€ i.e., you will become a pauper, who has nothing in his purse. What is the reason for this? It is due to the fact that you used diverse weights. But if you possess only โ€œa perfect and just weight,โ€ then โ€œyou shall haveโ€ wealth. Likewise, if you possess only โ€œa perfect and just measure,โ€ then โ€œyou shall haveโ€ wealth.

ืชื ื• ืจื‘ื ืŸ (ืœื) ื™ื”ื™ื” ืœืš ืžืœืžื“ ืฉืžืขืžื™ื“ื™ืŸ ืื’ืจื“ืžื™ืŸ ืœืžื“ื•ืช ื•ืื™ืŸ ืžืขืžื™ื“ื™ืŸ ืื’ืจื“ืžื™ืŸ ืœืฉืขืจื™ื ื“ื‘ื™ ื ืฉื™ืื” ืื•ืงื™ืžื• ืื’ืจื“ืžื™ืŸ ื‘ื™ืŸ ืœืžื“ื•ืช ื‘ื™ืŸ ืœืฉืขืจื™ื ืืžืจ ืœื™ื” ืฉืžื•ืืœ ืœืงืจื ื ืคื•ืง ืชื ื™ ืœื”ื• ืžืขืžื™ื“ื™ืŸ ืื’ืจื“ืžื™ืŸ ืœืžื“ื•ืช ื•ืื™ืŸ ืžืขืžื™ื“ื™ืŸ ืื’ืจื“ืžื™ืŸ ืœืฉืขืจื™ื

ยง The Sages taught that the phrase: โ€œYou shall not have,โ€ teaches that the court appoints market inspectors to supervise the accuracy of measures. The Gemara infers: But the court does not appoint market inspectors for supervising market prices. The Gemara relates: The house of the Nasi appointed market inspectors for supervising both measures and prices. Shmuel said to his student, the Sage Karna: Go out and teach them that one appoints market inspectors for supervising measures but one does not appoint market inspectors for prices.

ื ืคืง ื“ืจืฉ ืœื”ื• ืžืขืžื™ื“ื™ืŸ ืื’ืจื“ืžื™ืŸ ื‘ื™ืŸ ืœืžื“ื•ืช ื‘ื™ืŸ ืœืฉืขืจื™ื ืืžืจ ืœื™ื” ืžื” ืฉืžืš ืงืจื ื ืชื™ืคื•ืง ืœื™ื” ืงืจื ื ื‘ืขื™ื ื™ื” ื ืคืงื ืœื™ื” ืงืจื ื ื‘ืขื™ื ื™ื” ื•ืื™ื”ื• ื›ืžืืŸ ืกื‘ืจ ื›ื™ ื”ื ื“ืืžืจ ืจืžื™ ื‘ืจ ื—ืžื ืืžืจ ืจื‘ื™ ื™ืฆื—ืง ืžืขืžื™ื“ื™ืŸ ืื’ืจื“ืžื™ืŸ ื‘ื™ืŸ ืœืžื“ื•ืช ื‘ื™ืŸ ืœืฉืขืจื™ื ืžืคื ื™ ื”ืจืžืื™ืŸ

Karna went out and taught them that one appoints market inspectors for supervising both measures and prices. Shmuel, hearing what he had done, said to him: What is your name? He replied: Karna. Shmuel said: Let a horn [karna] emerge in his eye. A horn, i.e., a growth of flesh, emerged in his eye. The Gemara asks: And Karna, in accordance with whose opinion did he hold, which led him to disregard his teacherโ€™s statement? He held in accordance with that which Rami bar แธคama says that Rabbi Yitzแธฅak says: One appoints market inspectors for supervising both measures and prices, due to swindlers, to prevent people from using smaller measures or from selling at a steep price while falsely claiming that they are selling superior-quality merchandise.

ืชื ื• ืจื‘ื ืŸ ื”ื™ื” ืžื‘ืงืฉ ืžืžื ื• ืœื™ื˜ืจื ืฉื•ืงืœ ืœื• ืœื™ื˜ืจื ื—ืฆื™ ืœื™ื˜ืจื ืฉื•ืงืœ ืœื• ื—ืฆื™ ืœื™ื˜ืจื ืจื‘ื™ืข ืœื™ื˜ืจื ืฉื•ืงืœ ืœื• ืจื‘ื™ืข ืœื™ื˜ืจื ืžืื™ ืงื ืžืฉืžืข ืœืŸ ื“ืžืชืงื ื™ื ืŸ ืžืชืงืœื™ ืขื“ ื”ื›ื™

The Gemara discusses several halakhot related to the cases of the mishna. The Sages taught: If the buyer requested from the seller a litra of a specific item, he weighs for him using a litra weight. If he asks for half a litra, he weighs for him using a half-litra weight. If he wants one-quarter of a litra, he weighs for him using a quarterlitra weight. The Gemara asks: Isnโ€™t this obvious? What is this baraita teaching us? The Gemara explains: It teaches that one sets weights until this amount, one-quarter of a litra, but not less. If a buyer asks the seller to weigh a smaller amount for him, his request is not granted.

ืชื ื• ืจื‘ื ืŸ ื”ื™ื” ืžื‘ืงืฉ ืžืžื ื• ืฉืœืฉื” ืจื‘ืขื™ ืœื™ื˜ืจื ืœื ื™ืืžืจ ืœื• ืฉืงื•ืœ ืœื™ ืฉืœืฉื” ืจื‘ืขื™ ืœื™ื˜ืจื ืื—ืช ืื—ืช ืืœื ืฉื•ืงืœ ืœื™ื˜ืจื ื•ืžื ื™ื— ืจื‘ื™ืข ืœื™ื˜ืจื ืขื ื”ื‘ืฉืจ

Furthermore, the Sages taught: If the buyer requested from him three-quarters of a litra, and there is no weight equal to this amount, the buyer may not say to him: Weigh for me three units using a quarter-litra weight, one by one, so that the seller lets the scales tilt by a handbreadth as he measures each quarter-litra weight. Rather, he weighs the merchandise all at once, as he places a litra weight on one pan of the scale, and places on the other pan of the scale a quarter-litra weight together with the meat that is being sold.

ืชื ื• ืจื‘ื ืŸ ื”ื™ื” ืžื‘ืงืฉ ืžืžื ื• ืขืฉืจ ืœื™ื˜ืจื™ืŸ ืœื ื™ืืžืจ ืœื• ืฉืงื•ืœ ืœื™ ืื—ืช ืื—ืช ื•ื”ื›ืจื™ืข ืืœื ืฉื•ืงืœ ืœื• ื›ื•ืœืŸ ื‘ื‘ืช ืื—ืช ื•ื ื•ืชืŸ ื”ื›ืจืข ืื—ื“ ืœื›ื•ืœืŸ

The Sages likewise taught: In a case where the buyer requested from the seller ten litra of merchandise, the buyer may not say to him: Weigh for me each litra one by one, and let the scales tilt each time, as on every occasion that the seller does this the buyer receives more than that for which he paid. Rather, he weighs all the merchandise at the same time and lets the scales tilt once for all the merchandise.

ืชื ื• ืจื‘ื ืŸ ื ืคืฉ ืžืื–ื ื™ื ืชืœื•ื™ื” ื‘ืื•ื™ืจ ืฉืœืฉื” ื˜ืคื—ื™ื ื•ื’ื‘ื•ื”ื” ืžืŸ ื”ืืจืฅ ืฉืœืฉื” ื˜ืคื—ื™ื ื•ืงื ื” ื•ืžืชื ื ืฉืœื” ืฉื ื™ื ืขืฉืจ ื˜ืคื—ื™ื ื•ืฉืœ ืฆืžืจื™ื ื•ืฉืœ ื–ื’ื’ื™ืŸ ืชืœื•ื™ื” ื‘ืื•ื™ืจ ืฉื ื™ ื˜ืคื—ื™ื ื•ื’ื‘ื•ื”ื” ืžืŸ ื”ืืจืฅ ืฉื ื™ ื˜ืคื—ื™ื ื•ืงื ื” ื•ืžืชื ื ืฉืœื” ืชืฉืขื” ื˜ืคื—ื™ื

ยง The Sages taught: The fulcrum of a scale must be suspen-ded in the air so that the point the lever goes through it is at a distance of three handbreadths from the ceiling, and the pans of the scale must be three handbreadths above the ground. And the scaleโ€™s lever and cord, from which each pan is suspended, must be twelve handbreadths long. And the fulcrum of a scale of wool-weavers and glassmakers must be suspended in the air at a distance of two handbreadths from the ceiling, and the pans of the scale must be two handbreadths above the ground. And its lever and cord must be nine handbreadths long.

ื•ืฉืœ ื—ื ื•ื•ื ื™ ื•ืฉืœ ื‘ืขืœ ื”ื‘ื™ืช ืชืœื•ื™ื” ื‘ืื•ื™ืจ ื˜ืคื— ื•ื’ื‘ื•ื”ื” ืžืŸ ื”ืืจืฅ ื˜ืคื— ื•ืงื ื” ื•ืžืชื ื ืฉืœื” ืฉืฉื” ื˜ืคื—ื™ื ื•ืฉืœ ื˜ื•ืจื˜ื ื™ ืชืœื•ื™ื” ื‘ืื•ื™ืจ ืฉืœืฉ ืืฆื‘ืขื•ืช ื•ื’ื‘ื•ื”ื” ืžืŸ ื”ืืจืฅ ืฉืœืฉ ืืฆื‘ืขื•ืช ื•ืงื ื” ื•ืžืชื ื ืฉืœื” ืื™ื ื™ ื™ื•ื“ืข

And the fulcrum of a scale of a storekeeper and of a homeowner must be suspended in the air at a distance of one handbreadth from the ceiling, and the pans of the scale must be one handbreadth above the ground. And its lever and cord must be six handbreadths long. And the fulcrums of small scales [turtanei] used for weighing gold and silver must be suspended in the air at a distance of three fingerbreadths from the ceiling, and the pans of the scales must be three fingerbreadths above the ground. The tanna continues: But with regard to its lever and cord, I do not know their required length.

ื•ืืœื ื”ืš ืงืžื™ื™ืชื ื“ืžืื™

Since the function of each type of balance scale is mentioned with the exception of the first type, the Gemara asks: And that large balance scale, which is mentioned first, for what is it used?

ืืžืจ ืจื‘ ืคืคื ื“ื™ื’ืจื•ืžื™

Rav Pappa says: It is a balance scale for blacksmiths, who weigh heavy pieces of metal.

ืืžืจ ืจื‘ื™ ืžื ื™ ื‘ืจ ืคื˜ื™ืฉ ื›ื“ืจืš ืฉืืžืจื• ืœืขื ื™ืŸ ืื™ืกื•ืจืŸ ื›ืš ืืžืจื• ืœืขื ื™ืŸ ื˜ื•ืžืืชืŸ

Rabbi Mani Bar Pattish says: Just as the Sages said with regard to the prohibition of the scales that one may not use a scale that does not meet the criteria listed in the baraita, so too they said that this applies with regard to their ritual impurity. In other words, if the cords and pole are not attached in the proper manner, they are not susceptible to ritual impurity as part of the scale.

ืžืื™ ืงื ืžืฉืžืข ืœืŸ ืชื ื™ื ื ื—ื•ื˜ ืžืื–ื ื™ื ืฉืœ ื—ื ื•ื ื™ ื•ืฉืœ ื‘ืขืœื™ ื‘ืชื™ื ื˜ืคื— ืงื ื” ื•ืžืชื ื ืฉืœื” ืื™ืฆื˜ืจื™ื›ื ืœื™ื” ื“ืœื ืชื ืŸ

The Gemara asks: What is this statement teaching us? We learned in a mishna (Kelim 29:5): With regard to the rope from which the scales are suspended, if the balance scale belongs to a storekeeper or to homeowners it must be one handbreadth in length for it to be susceptible to ritual impurity. Why, then, is the statement of Rabbi Mani Bar Pattish necessary? The Gemara answers: Although the mishna in tractate Kelim discusses the rope from which the scales are suspended, it was still necessary for Rabbi Mani Bar Pattish to mention the halakha with regard to the scaleโ€™s lever and cord, which we did not learn about in that mishna.

ืชื ื• ืจื‘ื ืŸ ืื™ืŸ ืขื•ืฉื™ืŸ ืžืฉืงืœื•ืช ืœื ืฉืœ ื‘ืขืฅ ื•ืœื ืฉืœ ืื‘ืจ ื•ืœื ืฉืœ ื’ื™ืกื˜ืจื•ืŸ ื•ืœื ืฉืœ ืฉืืจ ืžื™ื ื™ ืžืชื›ื•ืช ืื‘ืœ ืขื•ืฉื” ื”ื•ื ืฉืœ ืฆื•ื ืžื ื•ืฉืœ ื–ื›ื•ื›ื™ืช

ยง The Sages taught: One may not prepare weights of tin [baโ€™atz], nor of lead, nor of a metal alloy [gisteron], nor of any other types of metal, because all of these deteriorate over time and the buyer will ultimately pay for more merchandise than he receives. But one may prepare weights of hard rock and of glass.

ืชื ื• ืจื‘ื ืŸ ืื™ืŸ ืขื•ืฉื™ืŸ ื”ืžื—ืง ืฉืœ ื“ืœืขืช ืžืคื ื™ ืฉื”ื•ื ืงืœ ื•ืœื ืฉืœ ืžืชื›ืช ืžืคื ื™ ืฉื”ื•ื ืžื›ื‘ื™ื“ ืื‘ืœ ืขื•ืฉื”ื• ืฉืœ ื–ื™ืช ื•ืฉืœ ืื’ื•ื– ืฉืœ ืฉืงืžื” ื•ืฉืœ ืืฉื‘ืจื•ืข

The Sages further taught: One may not prepare the leveler, used to remove the excess from the mouth of a vessel, from a gourd, because it is a light material and does not level effectively, thereby causing a loss for the seller. And it may not be made of metal, because it weighs down and removes too much of the merchandise, leading to a loss for the buyer. But one may prepare it from the wood of an olive tree, or of a nut tree, or of a sycamore tree, or of a boxwood tree,which are of medium weight.

ืชื ื• ืจื‘ื ืŸ ืื™ืŸ ืขื•ืฉื™ืŸ ืืช ื”ืžื—ืง ืฆื“ื• ืื—ื“ ืขื‘ ื•ืฆื“ื• ืื—ื“ ืงืฆืจ ืœื ื™ืžื—ื•ืง ื‘ื‘ืช ืื—ืช ืฉื”ืžื•ื—ืง ื‘ื‘ืช ืื—ืช ืจืข ืœืžื•ื›ืจ ื•ื™ืคื” ืœืœื•ืงื— ื•ืœื ื™ืžื—ื•ืง ืžืขื˜ ืžืขื˜ ืฉืจืข ืœืœื•ืงื— ื•ื™ืคื” ืœืžื•ื›ืจ

The Sages taught: One may not prepare the leveler in such a manner that one of its sides is thick and one other side is thin, because in such a case the two sides will not level equally. Furthermore, one may not level all at once, by a single quick movement, as one who levels all at once acts in a manner that is bad for the seller and good for the buyer, because he removes less of the excess than one who levels in the regular fashion. And conversely one may not level little by little, i.e., with several slow movements, as this is bad for the buyer and good for the seller.

ืขืœ ื›ื•ืœืŸ ืืžืจ ืจื‘ืŸ ื™ื•ื—ื ืŸ ื‘ืŸ ื–ื›ืื™ ืื•ื™ ืœื™ ืื ืื•ืžืจ ืื•ื™ ืœื™ ืื ืœื ืื•ืžืจ ืื ืื•ืžืจ ืฉืžื ื™ืœืžื“ื• ื”ืจืžืื™ืŸ ื•ืื ืœื ืื•ืžืจ ืฉืžื ื™ืืžืจื• ื”ืจืžืื™ืŸ ืื™ืŸ ืชืœืžื™ื“ื™ ื—ื›ืžื™ื ื‘ืงื™ืื™ืŸ ื‘ืžืขืฉื” ื™ื“ื™ื ื• ืื™ื‘ืขื™ื ืœื”ื• ืืžืจื” ืื• ืœื ืืžืจื” ืืžืจ ืจื‘ ืฉืžื•ืืœ ื‘ืจ ืจื‘ ื™ืฆื—ืง ืืžืจื” ื•ืžื”ืื™ ืงืจื ืืžืจื” ื›ื™ ื™ืฉืจื™ื ื“ืจื›ื™ ื”ืณ ื•ืฆื“ืงื™ื ื™ืœื›ื• ื‘ื ื•ืคืฉืขื™ื ื™ื›ืฉืœื• ื‘ื

Rabban Yoแธฅanan ben Zakkai said with regard to all these halakhot: Woe to me if I say them, and woe unto me if I do not say them. If I say them, perhaps swindlers will learn new methods of cheating of which they were previously unaware. And if I do not say them, perhaps swindlers will say: Torah scholars are not well versed in our handiwork. A dilemma was raised before the Sages: Did Rabban Yoแธฅanan ben Zakkai decide to say these halakhot in public or did he not say them? Rav Shmuel bar Rav Yitzแธฅak says: He said them, and he said them on the basis of this verse: โ€œFor the ways of the Lord are right, and the just walk in them; but transgressors stumble over themโ€ (Hosea 14:10).

ืชื ื• ืจื‘ื ืŸ ืœื ืชืขืฉื• ืขื•ืœ ื‘ืžืฉืคื˜ ื‘ืžื“ื” ื‘ืžืฉืงืœ ื•ื‘ืžืฉื•ืจื” ื‘ืžื“ื” ื–ื• ืžื“ื™ื“ืช ืงืจืงืข ืฉืœื ื™ืžื“ื•ื“ ืœืื—ื“ ื‘ื™ืžื•ืช ื”ื—ืžื” ื•ืœืื—ื“ ื‘ื™ืžื•ืช ื”ื’ืฉืžื™ื ื‘ืžืฉืงืœ ืฉืœื ื™ื˜ืžื™ืŸ ืžืฉืงืœื•ืชื™ื• ื‘ืžืœื— ื‘ืžืฉื•ืจื” ืฉืœื ื™ืจืชื™ื—

ยง The Gemara further discusses weights and measures. The Sages taught: โ€œYou shall do no unrighteousness in judgment, in measure [bammidda], in weight, or in measure [uvamesura]โ€ (Leviticus 19:35). The baraita defines these terms: โ€œIn measure [bammidda],โ€ this is referring to measuring land, teaching that in order to measure land in a just manner one may not measure for one person in the summer when the measuring rope has become dry and short, and for one other individual in the rainy season, when the measuring rope is wet and limp, and therefore stretches more. โ€œIn weightโ€ means that one may not cover his weights in salt, as salt erodes the weights, causing a loss for the buyer. โ€œOr in measure [bamesura]โ€ means that one may not cause liquid he is measuring to foam by pouring it speedily, as this results in a loss for the buyer, who receives less of the liquid than the amount for which he paid.

ื•ืงืœ ื•ื—ื•ืžืจ ื•ืžื” ืžืฉื•ืจื” ืฉื”ื™ื ืื—ื“ ืžืฉืœืฉื™ื ื•ืฉืฉื” ื‘ืœื•ื’ ื”ืงืคื™ื“ื” ืขืœื™ื• ืชื•ืจื” ืงืœ ื•ื—ื•ืžืจ ืœื”ื™ืŸ ื•ื—ืฆื™ ื”ื™ืŸ ื•ืฉืœื™ืฉื™ืช ื”ื”ื™ืŸ ื•ืจื‘ื™ืขื™ืช ื”ื”ื™ืŸ ื•ืœื•ื’ ื•ื—ืฆื™ ืœื•ื’ ื•ืจื‘ื™ืขื™ืช ื•ื—ืฆื™ ืชื•ืžืŸ ื•ืขื•ื›ืœื

The Gemara notes: And it can be inferred by means of an a fortiori inference that if in the case of a mesura, which is a measure equivalent to merely one thirty-sixth of a log, the Torah was particular that one must measure honestly, so too, a fortiori, one must be careful in the case of one hin, and a half-hin, and a third-hin, and a quarter-hin, which is twelve log, and one log, and a half-log, and a quarter-log, and a half-tomen, i.e., one-sixteenth of a kav, and even an ukla, a smaller unit, as defined below.

ืืžืจ ืจื‘ ื™ื”ื•ื“ื” ืืžืจ ืจื‘ ืืกื•ืจ ืœืื“ื ืฉื™ืฉื”ื” ืžื“ื” ื—ืกืจื” ืื• ื™ืชืจื” ื‘ืชื•ืš ื‘ื™ืชื• ื•ืืคื™ืœื• ื”ื™ื ืขื‘ื™ื˜ ืฉืœ ืžื™ืžื™ ืจื’ืœื™ื ืืžืจ ืจื‘ ืคืคื ืœื ืืžืจืŸ ืืœื ื‘ืืชืจื ื“ืœื ื—ืชื™ืžื™ ืื‘ืœ ื‘ืืชืจื ื“ื—ืชื™ืžื™ ืื™ ืœื ื—ื–ื™ ื—ืชื™ืžื” ืœื ืฉืงื™ืœ ื•ื‘ืืชืจื ื“ืœื ื—ืชื™ืžื™ ื ืžื™ ืœื ืืžืจืŸ ืืœื ื“ืœื ืžื”ื ื“ืกื™ ืื‘ืœ ืžื”ื ื“ืกื™ ืœื™ืช ืœืŸ ื‘ื”

Rav Yehuda says that Rav says: It is prohibited for a person to keep in his house a measure that is too small or too large than its supposed volume or weight, and this is the case even if he does not measure with it but simply uses it as a chamber pot for urine. Rav Pappa said: We said this prohibition only with regard to a place where measures are not stamped with the governmentโ€™s seal, which confirms that the measure is accurate. But in a place where the measures are stamped, if the buyer does not see the seal he would not take the merchandise. Since they could not be used dishonestly, one is permitted to utilize these measures for other purposes. And in a place where measures are not stamped as well, we said that it is prohibited to keep these measures in oneโ€™s house only in a place where they do not inspect measures to see if they are fit for use. But if they do inspect measures, we have no problem with it.

ื•ืœื ื”ื™ื ื–ื™ืžื ื™ืŸ ื“ืžื™ืงืจื™ ื‘ื™ืŸ ื”ืฉืžืฉื•ืช ื•ืžื™ืงืจื™ ื•ืฉืงื™ืœ ืชื ื™ื ื ืžื™ ื”ื›ื™ ืœื ื™ืฉื”ื” ืื“ื ืžื“ื” ื—ืกืจื” ืื• ื™ืชืจื” ื‘ืชื•ืš ื‘ื™ืชื• ื•ืืคื™ืœื• ื”ื™ื ืขื‘ื™ื˜ ืฉืœ ืžื™ืžื™ ืจื’ืœื™ื ืื‘ืœ ืขื•ืฉื” ื”ื•ื ืกืื” ืชืจืงื‘ ื•ื—ืฆื™ ืชืจืงื‘ ื•ืงื‘ ื•ื—ืฆื™ ืงื‘ ื•ืจื•ื‘ืข ื•ืชื•ืžืŸ ื•ื—ืฆื™ ืชื•ืžืŸ

The Gemara comments: And that is not so; one is never permitted to keep incorrect measures in his house, as sometimes it happens that one measures at twilight, when people are hurried, and consequently it happens that the buyer takes the merchandise despite the fact that it was measured with an incorrect measure. This is also taught in a baraita: A person may not keep in his house a measure that is too small or too large, even if it is used as a chamber pot for urine. But he may prepare measures in accordance with the established format: Measurements of a seโ€™a; a tarkav, which is three kav or one-half of a seโ€™a; and a half-tarkav, which is one and one-half kav; and a kav; and a half-kav; and a quarter-kav; and a tomen, which is one-eighth of a kav; and a half-tomen;

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