When one sells produce, what percentage of bad produce can we assume will be mixed in, and therefore the buyer has no right to claim compensation from the seller for it. According to Rav Huna, once one goes beyond that percentage, one has to compensate for all the bad produce – even the percentage that would have been allowed had the seller not gone beyond. Various sources are brought to either support or contradict Rav Huna – however, they are all rejected as the case can be looked at in various ways.
Bava Batra
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Bava Batra
Masechet Bava Batra is sponsored by Lori Stark in loving memory of her mother in law, Sara Shapiro z”l and her father Nehemiah Sosewitz z”l.
Bava Batra 94
נוֹתֵן לוֹ דְּמֵי חִטִּין!
must give him the value of wheat of equal volume to the pebble that he removed. Had he not removed the pebble, the owner would have sold his wheat together with the pebble, all for the price of wheat. Accordingly, the removal of the pebble effectively caused the owner a small loss. It is apparent from this ruling that when selling produce, a buyer accepts upon himself that a quantity of dirt may be mixed in.
קִטְנִית – רוֹבַע, עַפְרוּרִית – פָּחוֹת מֵרוֹבַע.
The Gemara answers: With regard to legumes, one accepts a quarter-kav per se’a, but with regard to dirt, he accepts less than a quarter-kav.
וְעַפְרוּרִית – רוֹבַע לָא?! וְהָא תַּנְיָא: הַמּוֹכֵר פֵּירוֹת לַחֲבֵרוֹ, חִטִּין – מְקַבֵּל עָלָיו רוֹבַע קִטְנִית לִסְאָה. שְׂעוֹרִים – מְקַבֵּל עָלָיו רוֹבַע נִישּׁוֹבֶת לִסְאָה. עֲדָשִׁים – מְקַבֵּל עָלָיו רוֹבַע עַפְרוּרִית לִסְאָה.
And is it so that he does not accept a quarter–kav of dirt? But isn’t it taught in a baraita: With regard to one who sells produce to another, if he sells him wheat, the buyer accepts upon himself that a quarter-kav of legumes may be present in each se’a of wheat purchased. When purchasing barley, he accepts upon himself that a quarter-kav of chaff may be present in each se’a purchased. When purchasing lentils, he accepts upon himself that a quarter-kav of dirt may be present in each se’a purchased.
מַאי, לָאו הוּא הַדִּין לְחִטִּים וְלִשְׂעוֹרִין? שָׁאנֵי עֲדָשִׁים, דְּמִיעְקָר עָקְרִי לְהוּ.
The Gemara asks: What, is it not that just as the baraita rules with regard to lentils, the same is true for wheat and for barley? The Gemara answers: No, lentils are different, because they are dug up from the ground and dirt can easily get mixed in. Lentils often contain a higher percentage of dirt than do wheat and barley, which are harvested rather than dug up.
אֶלָּא טַעְמָא דַעֲדָשִׁים דְּמִיעְקָר עָקְרִי לְהוּ, אֲבָל חִטֵּי וּשְׂעָרֵי – לָא; תִּפְשׁוֹט מִינַּהּ, חִטֵּי וּשְׂעָרֵי דְּעַפְרוּרִית לָא מְקַבֵּל!
The Gemara suggests: But according to this, the only reason that a buyer accepts that dirt may be present in lentils but not in wheat and barley is that lentils are dug up from the ground, whereas wheat and barley are not. If so, resolve the dilemma from this baraita and conclude that when purchasing wheat and barley, a buyer does not accept that a quarter-kav of dirt may be present in each se’a.
לְעוֹלָם חִטֵּי וּשְׂעָרֵי מְקַבֵּל עַפְרוּרִית; עֲדָשִׁים אִיצְטְרִיכָא לֵיהּ – דְּסָלְקָא דַעְתָּךְ אָמֵינָא: כֵּיוָן דְּמִיעְקָר עָקְרִי לְהוּ, יוֹתֵר מֵרוֹבַע נָמֵי לְקַבֵּל, קָא מַשְׁמַע לַן.
The Gemara rejects this: Actually, perhaps when purchasing wheat and barley as well, a buyer accepts that a quarter-kav of dirt may be present in each se’a, but it was necessary for the baraita to state the halakha specifically with regard to lentils. This is because it might enter your mind to say that since lentils are dug up from the ground, the buyer would also accept even more than a quarter-kav of dirt. Therefore, the baraita teaches us that this is not the case.
אָמַר רַב הוּנָא: אִם בָּא לְנַפּוֹת, מְנַפֶּה אֶת כּוּלּוֹ. אָמְרִי לַהּ דִּינָא, וְאָמְרִי לַהּ קִנְסָא.
§ Rav Huna says: If the buyer comes to sift the produce to check if there is more than the acceptable proportion of impurities and he finds that there is too much, he sifts all of it and returns all the impurities to the seller, not just the amount in excess of a quarter-kav per se’a. The seller must instead provide produce that is free of any impurities. Some say that this is the strict halakha, and some say that it is a penalty.
אָמְרִי לַהּ דִּינָא – מַאן דְּיָהֵיב זוּזֵי, אַפֵּירֵי שַׁפִּירֵי יָהֵיב; וְרוֹבַע לָא טָרַח אִינִישׁ, יוֹתֵר מֵרוֹבַע טָרַח אִינִישׁ; וְכֵיוָן דְּטָרַח – טָרַח בְּכוּלֵּיהּ.
The Gemara elaborates: Some say that this is the strict halakha, as one who gives money for produce gives it for good-quality produce containing no impurities at all. Even so, where there is just a quarter–kav of impurities per se’a, a person will not take the trouble to sift the grain to remove the impurities; instead, he accepts the small quantity of impurities that are present. By contrast, where there is more than a quarter-kav of impurities per se’a, a person will take the trouble to sift the grain to remove the impurities, and once he takes the trouble to sift the grain, he does not stop once he reduces the proportion of impurities to a quarter-kav per se’a; rather, he takes the trouble to sift all of it. Accordingly, once he has sifted out the impurities, he never agrees to accept any quantity of impurities, and so the seller must take back all the impurities.
וְאָמְרִי לַהּ קִנְסָא – רוֹבַע שְׁכִיחַ, יוֹתֵר לָא שְׁכִיחַ; וְאִיהוּ הוּא דְּעָרֵיב; וְכֵיוָן דְּעָרֵיב – קַנְסוּהוּ רַבָּנַן בְּכוּלֵּיהּ.
And some say it is a penalty. They understand that it is usual for a quarter-kav of impurities to be present in each se’a of produce, and so it is presumed that a buyer accepts that quantity. More than a quarter-kav is unusual, and consequently the seller is suspected of having deceitfully mixed additional impurities into the produce that he sold. And since the seller deceitfully mixed in impurities, the Sages penalized him by requiring him to pay for all of the impurities present, even those which he did not add.
(סִימָן: כֹּל תְּרֵי שְׁטָרֵי דְּרָאבִין בַּר רַב נַחְמָן, אוֹנָאָה וְקַבְּלָנוּתָא.)
The Gemara presents a mnemonic for the cases it will cite: All two documents of Ravin bar Rav Naḥman are exploitation and a contract.
מֵיתִיבִי: כׇּל סְאָה שֶׁיֵּשׁ בָּהּ רוֹבַע מִמִּין אַחֵר – יְמַעֵט. סַבְרוּהָ דְּרוֹבַע דְּכִלְאַיִם – כְּיוֹתֵר מֵרוֹבַע דְּהָכָא, וְקָא תָנֵי: יְמַעֵט!
The Gemara raises an objection to Rav Huna’s ruling from a mishna (Kilayim 2:1): With regard to any se’a of seeds that contains a quarter–kav or more of seeds of a different kind, before sowing such seeds one must reduce the quantity of the other kind of seeds in the mixture so as not to violate the prohibition against growing a mixture of diverse kinds (see Leviticus 19:19). The Gemara explains: It can be assumed that the presence of a quarter-kav of seeds of a different kind per se’a with regard to the prohibition of diverse kinds is as problematic as more than a quarter-kav of impurities per se’a with regard to a sale, as discussed here, and therefore, since the mishna teaches with regard to diverse kinds only that one must reduce the additional amount, but not that one is required to remove all the seeds of a different kind, it follows that the same is true in the case of a sale, and the seller should not have to take back all of the impurities. This contradicts Rav Huna’s ruling.
לֹא, רוֹבַע דְּכִלְאַיִם – כִּי רוֹבַע דְּהָכָא דָּמֵי.
The Gemara deflects the challenge: No, this assumption is not necessarily correct; perhaps the presence of a quarter-kav of seeds of a different kind per se’a with regard to diverse kinds is comparable to a quarter-kav of impurities per se’a with regard to a sale, as discussed here, and both are considered acceptable levels of admixture.
אִי הָכִי, אַמַּאי יְמַעֵט? מִשּׁוּם חוּמְרָא דְכִלְאַיִם.
The Gemara asks: If it is so that a quarter-kav of seeds of a different kind per se’a is acceptable, why does the mishna teach that one must reduce the quantity of seeds of a different kind? The Gemara answers: The requirement is a rabbinic decree due to the severity of the prohibition of diverse kinds.
אִי הָכִי,
The Gemara challenges this answer: If so,
אֵימָא סֵיפָא – רַבִּי יוֹסֵי אוֹמֵר: יָבוֹר.
say the latter clause of the mishna: Rabbi Yosei says: It is insufficient to merely reduce the quantity of seeds of a different kind; rather, one must pick out all the seeds of a different kind.
אִי אָמְרַתְּ בִּשְׁלָמָא כְּיוֹתֵר מֵרוֹבַע טִנּוֹפֶת דָּמֵי, בְּהָא קָא מִיפַּלְגִי – תַּנָּא קַמָּא סָבַר: לָא קָנְסִינַן הֶתֵּירָא אַטּוּ אִיסּוּרָא, וְרַבִּי יוֹסֵי סָבַר: קָנְסִינַן. אֶלָּא אִי אָמְרַתְּ כְּרוֹבַע דָּמֵי, אַמַּאי יָבוֹר?
The Gemara explains the difficulty: Granted, if you say that a quarter-kav of seeds of a different kind per se’a with regard to diverse kinds is comparable to more than a quarter-kav of impurities per se’a with regard to a sale, then it is about this that they disagree: The first tanna holds that we do not penalize one by requiring him to remove that which is permitted due to that which is prohibited, and consequently it is sufficient to merely reduce the quantity of seeds of a different kind to an acceptable level, whereas Rabbi Yosei holds that we do penalize one by requiring him to remove that which is permitted due to that which is prohibited. But if you say that a quarter-kav of seeds of a different kind per se’a with regard to diverse kinds is comparable to a quarter-kav of impurities per se’a with regard to a sale, then why does Rabbi Yosei rule that one must pick out all the seeds of a different kind?
הָתָם הַיְינוּ טַעְמָא דְּרַבִּי יוֹסֵי – מִשּׁוּם דְּמִיחֲזֵי כִּי מְקַיֵּים כִּלְאַיִם.
The Gemara answers: There, with regard to diverse kinds, this is the reasoning of Rabbi Yosei: One must pick out all the seeds, because once he is purifying the admixture of seeds, if he deliberately leaves a quantity of seeds of a different kind mixed in, it appears as though he is intentionally planting and maintaining diverse kinds in his field.
תָּא שְׁמַע: שְׁנַיִם שֶׁהִפְקִידוּ אֵצֶל אֶחָד, זֶה מָנֶה וְזֶה מָאתַיִם; זֶה אוֹמֵר: ״מָאתַיִם שֶׁלִּי״, וְזֶה אוֹמֵר: ״מָאתַיִם שֶׁלִּי״ – נוֹתֵן לָזֶה מָנֶה וְלָזֶה מָנֶה, וְהַשְּׁאָר יְהֵא מוּנָּח עַד שֶׁיָּבֹא אֵלִיָּהוּ!
The Gemara suggests: Come and hear another challenge to Rav Huna’s ruling from a mishna (Bava Metzia 37a): In the case of two people who deposited money with one person, and this one deposited one hundred dinars and that one deposited two hundred dinars, and when they return to collect their deposits, this one says: My deposit was two hundred dinars, and that one says: My deposit was two hundred dinars, the bailee gives one hundred dinars to this one and one hundred dinars to that one, and the rest of the money, i.e., the contested one hundred dinars, will be placed in a safe place until Elijah comes and prophetically determines the truth. In this case, one of the parties is certainly lying, but nevertheless, the Sages did not penalize the parties by placing all of the money in a safe place. Similarly, in the case of a sale, where a seller deceitfully mixed additional impurities into the produce he sold, he should not be penalized and required to take back all of the impurities.
הָכִי הַשְׁתָּא?! הָתָם, וַדַּאי מָנֶה לְמָר וּמָנֶה לְמָר; הָכָא, מִי יֵימַר דְּלָאו כּוּלֵּיהּ עָרוֹבֵי עָרֵיב?
The Gemara rejects this challenge: How can these cases be compared? There, in the case of the deposits, it is certain that at least one hundred dinars belongs to this Master and one hundred dinars belongs to that Master. Here, in the case of a sale where there is an unacceptable proportion of impurities mixed in, who can say that the seller did not mix in the entire amount intentionally? Accordingly, no proof can be drawn from the mishna.
תָּא שְׁמַע מִסֵּיפָא – אָמַר רַבִּי יוֹסֵי: אִם כֵּן, מָה הִפְסִיד הָרַמַּאי? אֶלָּא הַכֹּל יְהֵא מוּנָּח עַד שֶׁיָּבֹא אֵלִיָּהוּ.
The Gemara suggests: Come and hear a support for Rav Huna’s ruling from the latter clause of that mishna: Rabbi Yosei says: If so, what did the swindler lose? He lost nothing by claiming the one hundred dinars that belongs to another, and he has no incentive to admit the truth. Rather, the entire deposit will be placed in a safe place until Elijah comes. Since through his lie the swindler risks losing even the one hundred dinars that he deposited, perhaps that will induce him to admit his deceit. According to Rabbi Yosei, the Sages did penalize one who acts deceitfully, which accords with Rav Huna’s ruling.
הָכִי הַשְׁתָּא?! הָתָם וַדַּאי אִיכָּא רַמַּאי, הָכָא מִי יֵימַר דְּעָרוֹבֵי עָרֵיב.
The Gemara rejects the proof: How can these cases be compared? There, in the case of the deposits, there is certainly a swindler, and it is reasonable to penalize both parties in order to induce the swindler to admit his deceit. Here, in the case of a sale where there is an unacceptable level of impurities mixed in with the produce, who can say that the seller intentionally mixed in anything? Perhaps the impurities were inadvertently mixed in during the processing. Accordingly, no proof can be drawn from the mishna.
תָּא שְׁמַע: שְׁטָר שֶׁיֵּשׁ בּוֹ רִבִּית – קוֹנְסִין אוֹתוֹ, וְאֵינוֹ גּוֹבֶה לֹא אֶת הַקֶּרֶן וְלֹא אֶת הָרִבִּית; דִּבְרֵי רַבִּי מֵאִיר!
The Gemara suggests: Come and hear another support for Rav Huna’s ruling from a baraita: In the case of a promissory note in which the details of a loan with interest were written, the court penalizes the creditor, and he may collect neither the principal nor the interest; this is the statement of Rabbi Meir. According to Rabbi Meir, the Sages did penalize one who acts improperly, which accords with Rav Huna’s ruling.
הָכִי הַשְׁתָּא?! הָתָם מִשְּׁעַת כְּתִיבָה הוּא דַּעֲבַד לֵיהּ שׂוּמָא, הָכָא מִי יֵימַר דְּעָרוֹבֵי עָרֵיב.
The Gemara rejects the proof: How can these cases be compared? There, in the case of a loan with interest, it is already at the time of the writing of the bill that the lender performed the transgression of placing interest upon the borrower. Since he certainly committed a transgression, it is reasonable that the Sages penalized him. But here, in the case of a sale where there is an unacceptable proportion of impurities mixed in with the produce, who can say that the seller intentionally mixed in anything? Perhaps the impurities were inadvertently mixed in during the processing. Accordingly, no proof can be drawn from the baraita.
תָּא שְׁמַע מִסֵּיפָא – וַחֲכָמִים אוֹמְרִים: גּוֹבֶה אֶת הַקֶּרֶן, וְאֵינוֹ גּוֹבֶה אֶת הָרִבִּית!
The Gemara suggests: Come and hear a challenge to Rav Huna’s ruling from the latter clause of the baraita: But the Rabbis say: He may collect the principal but may not collect the interest. According to Rabbi Meir, the Sages did not penalize one who acts improperly, contrary to Rav Huna’s ruling.
הָכִי הַשְׁתָּא?! הָתָם וַדַּאי קַרְנָא דְּהֶתֵּירָא הוּא, הָכָא מִי יֵימַר דְּכוּלֵּיהּ לָא עָרוֹבֵי עָרֵיב.
The Gemara rejects this challenge: How can these cases be compared? There, in the case of a loan with interest, according to strict halakha it is certainly permitted to collect the principal, so the Sages did not penalize him with regard to it. But here, in the case of a sale where there is an unacceptable proportion of impurities mixed in, who can say that the seller did not mix in the entire amount intentionally? Accordingly, no proof can be drawn from the mishna.
תָּא שְׁמַע, דְּתָנֵי רָבִין בַּר רַב נַחְמָן: לֹא אֶת הַמּוֹתָר בִּלְבַד הוּא מַחֲזִיר, אֶלָּא מַחֲזִיר לוֹ אֶת כָּל הָרְבָעִין כּוּלָּן. אַלְמָא הֵיכָא דְּבָעֵי אַהְדּוֹרֵי – כּוּלַּהּ מַהְדַּר!
Come and hear further support for Rav Huna’s ruling from that which Ravin bar Rav Naḥman teaches (104b). Ravin bar Rav Naḥman’s statement is with regard to a situation when land that was sold is later found to be larger than stated at the time of the sale. If the deviation is not more than an area required to sow a quarter-kav of seed per beit se’a of land, then the buyer need not return any land to the seller. If the proportion of extra land is larger than this, not only must the buyer return the extra land that is beyond the limit of a quarter-kav area per beit se’a, but he must also return to him every one of the extra quarter-kav areas of land that he received beyond the stated area of a beit kor. The Gemara infers: Apparently, when one is required to return part of a sale because of a discrepancy that is beyond the acceptable limit of deviation, then one is required to return the entire discrepancy and not just the amount that is beyond the acceptable limit. This supports Rav Huna’s ruling.
הָכִי הַשְׁתָּא?!
The Gemara rejects this: How can these cases be compared?
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Sharona Guggenheim Plumb
Givat Shmuel, Israel
Shortly after the death of my father, David Malik z”l, I made the commitment to Daf Yomi. While riding to Ben Gurion airport in January, Siyum HaShas was playing on the radio; that was the nudge I needed to get started. The “everyday-ness” of the Daf has been a meaningful spiritual practice, especial after COVID began & I was temporarily unable to say Kaddish at daily in-person minyanim.
Lisa S. Malik
Wynnewood, United States
When I was working and taking care of my children, learning was never on the list. Now that I have more time I have two different Gemora classes and the nach yomi as well as the mishna yomi daily.
Shoshana Shinnar
Jerusalem, Israel
In early January of 2020, I learned about Siyyum HaShas and Daf Yomi via Tablet Magazine’s brief daily podcast about the Daf. I found it compelling and fascinating. Soon I discovered Hadran; since then I have learned the Daf daily with Rabbanit Michelle Cohen Farber. The Daf has permeated my every hour, and has transformed and magnified my place within the Jewish Universe.
Lisa Berkelhammer
San Francisco, CA , United States
See video
Susan Fisher
Raanana, Israel
Michelle has been an inspiration for years, but I only really started this cycle after the moving and uplifting siyum in Jerusalem. It’s been an wonderful to learn and relearn the tenets of our religion and to understand how the extraordinary efforts of a band of people to preserve Judaism after the fall of the beit hamikdash is still bearing fruits today. I’m proud to be part of the chain!
Judith Weil
Raanana, Israel
See video
Susan Fisher
Raanana, Israel
Hadran entered my life after the last Siyum Hashaas, January 2020. I was inspired and challenged simultaneously, having never thought of learning Gemara. With my family’s encouragement, I googled “daf yomi for women”. A perfecr fit!
I especially enjoy when Rabbanit Michelle connects the daf to contemporary issues to share at the shabbat table e.g: looking at the Kohen during duchaning. Toda rabba
Marsha Wasserman
Jerusalem, Israel
My curiosity was peaked after seeing posts about the end of the last cycle. I am always looking for opportunities to increase my Jewish literacy & I am someone that is drawn to habit and consistency. Dinnertime includes a “Guess what I learned on the daf” segment for my husband and 18 year old twins. I also love the feelings of connection with my colleagues who are also learning.
Diana Bloom
Tampa, United States
I started learning Dec 2019 after reading “If all the Seas Were Ink”. I found
Daily daf sessions of Rabbanit Michelle in her house teaching, I then heard about the siyum and a new cycle starting wow I am in! Afternoon here in Sydney, my family and friends know this is my sacred time to hide away to live zoom and learn. Often it’s hard to absorb and relate then a gem shines touching my heart.
Dianne Kuchar
Dover Heights, Australia
I began daf yomi in January 2020 with Brachot. I had made aliya 6 months before, and one of my post-aliya goals was to complete a full cycle. As a life-long Tanach teacher, I wanted to swim from one side of the Yam shel Torah to the other. Daf yomi was also my sanity through COVID. It was the way to marking the progression of time, and feel that I could grow and accomplish while time stopped.
Leah Herzog
Givat Zev, Israel
I started learning at the start of this cycle, and quickly fell in love. It has become such an important part of my day, enriching every part of my life.
Naomi Niederhoffer
Toronto, Canada
In January 2020 on a Shabbaton to Baltimore I heard about the new cycle of Daf Yomi after the siyum celebration in NYC stadium. I started to read “ a daily dose of Talmud “ and really enjoyed it . It led me to google “ do Orthodox women study Talmud? “ and found HADRAN! Since then I listen to the podcast every morning, participate in classes and siyum. I love to learn, this is amazing! Thank you
Sandrine Simons
Atlanta, United States
I started learning daf in January, 2020, being inspired by watching the Siyyum Hashas in Binyanei Haumah. I wasn’t sure I would be able to keep up with the task. When I went to school, Gemara was not an option. Fast forward to March, 2022, and each day starts with the daf. The challenge is now learning the intricacies of delving into the actual learning. Hadran community, thank you!
Rochel Cheifetz
Riverdale, NY, United States
After reading the book, “ If All The Seas Were Ink “ by Ileana Kurshan I started studying Talmud. I searched and studied with several teachers until I found Michelle Farber. I have been studying with her for two years. I look forward every day to learn from her.
Janine Rubens
Virginia, United States
Bava Batra 94
נוֹתֵן לוֹ דְּמֵי חִטִּין!
must give him the value of wheat of equal volume to the pebble that he removed. Had he not removed the pebble, the owner would have sold his wheat together with the pebble, all for the price of wheat. Accordingly, the removal of the pebble effectively caused the owner a small loss. It is apparent from this ruling that when selling produce, a buyer accepts upon himself that a quantity of dirt may be mixed in.
קִטְנִית – רוֹבַע, עַפְרוּרִית – פָּחוֹת מֵרוֹבַע.
The Gemara answers: With regard to legumes, one accepts a quarter-kav per se’a, but with regard to dirt, he accepts less than a quarter-kav.
וְעַפְרוּרִית – רוֹבַע לָא?! וְהָא תַּנְיָא: הַמּוֹכֵר פֵּירוֹת לַחֲבֵרוֹ, חִטִּין – מְקַבֵּל עָלָיו רוֹבַע קִטְנִית לִסְאָה. שְׂעוֹרִים – מְקַבֵּל עָלָיו רוֹבַע נִישּׁוֹבֶת לִסְאָה. עֲדָשִׁים – מְקַבֵּל עָלָיו רוֹבַע עַפְרוּרִית לִסְאָה.
And is it so that he does not accept a quarter–kav of dirt? But isn’t it taught in a baraita: With regard to one who sells produce to another, if he sells him wheat, the buyer accepts upon himself that a quarter-kav of legumes may be present in each se’a of wheat purchased. When purchasing barley, he accepts upon himself that a quarter-kav of chaff may be present in each se’a purchased. When purchasing lentils, he accepts upon himself that a quarter-kav of dirt may be present in each se’a purchased.
מַאי, לָאו הוּא הַדִּין לְחִטִּים וְלִשְׂעוֹרִין? שָׁאנֵי עֲדָשִׁים, דְּמִיעְקָר עָקְרִי לְהוּ.
The Gemara asks: What, is it not that just as the baraita rules with regard to lentils, the same is true for wheat and for barley? The Gemara answers: No, lentils are different, because they are dug up from the ground and dirt can easily get mixed in. Lentils often contain a higher percentage of dirt than do wheat and barley, which are harvested rather than dug up.
אֶלָּא טַעְמָא דַעֲדָשִׁים דְּמִיעְקָר עָקְרִי לְהוּ, אֲבָל חִטֵּי וּשְׂעָרֵי – לָא; תִּפְשׁוֹט מִינַּהּ, חִטֵּי וּשְׂעָרֵי דְּעַפְרוּרִית לָא מְקַבֵּל!
The Gemara suggests: But according to this, the only reason that a buyer accepts that dirt may be present in lentils but not in wheat and barley is that lentils are dug up from the ground, whereas wheat and barley are not. If so, resolve the dilemma from this baraita and conclude that when purchasing wheat and barley, a buyer does not accept that a quarter-kav of dirt may be present in each se’a.
לְעוֹלָם חִטֵּי וּשְׂעָרֵי מְקַבֵּל עַפְרוּרִית; עֲדָשִׁים אִיצְטְרִיכָא לֵיהּ – דְּסָלְקָא דַעְתָּךְ אָמֵינָא: כֵּיוָן דְּמִיעְקָר עָקְרִי לְהוּ, יוֹתֵר מֵרוֹבַע נָמֵי לְקַבֵּל, קָא מַשְׁמַע לַן.
The Gemara rejects this: Actually, perhaps when purchasing wheat and barley as well, a buyer accepts that a quarter-kav of dirt may be present in each se’a, but it was necessary for the baraita to state the halakha specifically with regard to lentils. This is because it might enter your mind to say that since lentils are dug up from the ground, the buyer would also accept even more than a quarter-kav of dirt. Therefore, the baraita teaches us that this is not the case.
אָמַר רַב הוּנָא: אִם בָּא לְנַפּוֹת, מְנַפֶּה אֶת כּוּלּוֹ. אָמְרִי לַהּ דִּינָא, וְאָמְרִי לַהּ קִנְסָא.
§ Rav Huna says: If the buyer comes to sift the produce to check if there is more than the acceptable proportion of impurities and he finds that there is too much, he sifts all of it and returns all the impurities to the seller, not just the amount in excess of a quarter-kav per se’a. The seller must instead provide produce that is free of any impurities. Some say that this is the strict halakha, and some say that it is a penalty.
אָמְרִי לַהּ דִּינָא – מַאן דְּיָהֵיב זוּזֵי, אַפֵּירֵי שַׁפִּירֵי יָהֵיב; וְרוֹבַע לָא טָרַח אִינִישׁ, יוֹתֵר מֵרוֹבַע טָרַח אִינִישׁ; וְכֵיוָן דְּטָרַח – טָרַח בְּכוּלֵּיהּ.
The Gemara elaborates: Some say that this is the strict halakha, as one who gives money for produce gives it for good-quality produce containing no impurities at all. Even so, where there is just a quarter–kav of impurities per se’a, a person will not take the trouble to sift the grain to remove the impurities; instead, he accepts the small quantity of impurities that are present. By contrast, where there is more than a quarter-kav of impurities per se’a, a person will take the trouble to sift the grain to remove the impurities, and once he takes the trouble to sift the grain, he does not stop once he reduces the proportion of impurities to a quarter-kav per se’a; rather, he takes the trouble to sift all of it. Accordingly, once he has sifted out the impurities, he never agrees to accept any quantity of impurities, and so the seller must take back all the impurities.
וְאָמְרִי לַהּ קִנְסָא – רוֹבַע שְׁכִיחַ, יוֹתֵר לָא שְׁכִיחַ; וְאִיהוּ הוּא דְּעָרֵיב; וְכֵיוָן דְּעָרֵיב – קַנְסוּהוּ רַבָּנַן בְּכוּלֵּיהּ.
And some say it is a penalty. They understand that it is usual for a quarter-kav of impurities to be present in each se’a of produce, and so it is presumed that a buyer accepts that quantity. More than a quarter-kav is unusual, and consequently the seller is suspected of having deceitfully mixed additional impurities into the produce that he sold. And since the seller deceitfully mixed in impurities, the Sages penalized him by requiring him to pay for all of the impurities present, even those which he did not add.
(סִימָן: כֹּל תְּרֵי שְׁטָרֵי דְּרָאבִין בַּר רַב נַחְמָן, אוֹנָאָה וְקַבְּלָנוּתָא.)
The Gemara presents a mnemonic for the cases it will cite: All two documents of Ravin bar Rav Naḥman are exploitation and a contract.
מֵיתִיבִי: כׇּל סְאָה שֶׁיֵּשׁ בָּהּ רוֹבַע מִמִּין אַחֵר – יְמַעֵט. סַבְרוּהָ דְּרוֹבַע דְּכִלְאַיִם – כְּיוֹתֵר מֵרוֹבַע דְּהָכָא, וְקָא תָנֵי: יְמַעֵט!
The Gemara raises an objection to Rav Huna’s ruling from a mishna (Kilayim 2:1): With regard to any se’a of seeds that contains a quarter–kav or more of seeds of a different kind, before sowing such seeds one must reduce the quantity of the other kind of seeds in the mixture so as not to violate the prohibition against growing a mixture of diverse kinds (see Leviticus 19:19). The Gemara explains: It can be assumed that the presence of a quarter-kav of seeds of a different kind per se’a with regard to the prohibition of diverse kinds is as problematic as more than a quarter-kav of impurities per se’a with regard to a sale, as discussed here, and therefore, since the mishna teaches with regard to diverse kinds only that one must reduce the additional amount, but not that one is required to remove all the seeds of a different kind, it follows that the same is true in the case of a sale, and the seller should not have to take back all of the impurities. This contradicts Rav Huna’s ruling.
לֹא, רוֹבַע דְּכִלְאַיִם – כִּי רוֹבַע דְּהָכָא דָּמֵי.
The Gemara deflects the challenge: No, this assumption is not necessarily correct; perhaps the presence of a quarter-kav of seeds of a different kind per se’a with regard to diverse kinds is comparable to a quarter-kav of impurities per se’a with regard to a sale, as discussed here, and both are considered acceptable levels of admixture.
אִי הָכִי, אַמַּאי יְמַעֵט? מִשּׁוּם חוּמְרָא דְכִלְאַיִם.
The Gemara asks: If it is so that a quarter-kav of seeds of a different kind per se’a is acceptable, why does the mishna teach that one must reduce the quantity of seeds of a different kind? The Gemara answers: The requirement is a rabbinic decree due to the severity of the prohibition of diverse kinds.
אִי הָכִי,
The Gemara challenges this answer: If so,
אֵימָא סֵיפָא – רַבִּי יוֹסֵי אוֹמֵר: יָבוֹר.
say the latter clause of the mishna: Rabbi Yosei says: It is insufficient to merely reduce the quantity of seeds of a different kind; rather, one must pick out all the seeds of a different kind.
אִי אָמְרַתְּ בִּשְׁלָמָא כְּיוֹתֵר מֵרוֹבַע טִנּוֹפֶת דָּמֵי, בְּהָא קָא מִיפַּלְגִי – תַּנָּא קַמָּא סָבַר: לָא קָנְסִינַן הֶתֵּירָא אַטּוּ אִיסּוּרָא, וְרַבִּי יוֹסֵי סָבַר: קָנְסִינַן. אֶלָּא אִי אָמְרַתְּ כְּרוֹבַע דָּמֵי, אַמַּאי יָבוֹר?
The Gemara explains the difficulty: Granted, if you say that a quarter-kav of seeds of a different kind per se’a with regard to diverse kinds is comparable to more than a quarter-kav of impurities per se’a with regard to a sale, then it is about this that they disagree: The first tanna holds that we do not penalize one by requiring him to remove that which is permitted due to that which is prohibited, and consequently it is sufficient to merely reduce the quantity of seeds of a different kind to an acceptable level, whereas Rabbi Yosei holds that we do penalize one by requiring him to remove that which is permitted due to that which is prohibited. But if you say that a quarter-kav of seeds of a different kind per se’a with regard to diverse kinds is comparable to a quarter-kav of impurities per se’a with regard to a sale, then why does Rabbi Yosei rule that one must pick out all the seeds of a different kind?
הָתָם הַיְינוּ טַעְמָא דְּרַבִּי יוֹסֵי – מִשּׁוּם דְּמִיחֲזֵי כִּי מְקַיֵּים כִּלְאַיִם.
The Gemara answers: There, with regard to diverse kinds, this is the reasoning of Rabbi Yosei: One must pick out all the seeds, because once he is purifying the admixture of seeds, if he deliberately leaves a quantity of seeds of a different kind mixed in, it appears as though he is intentionally planting and maintaining diverse kinds in his field.
תָּא שְׁמַע: שְׁנַיִם שֶׁהִפְקִידוּ אֵצֶל אֶחָד, זֶה מָנֶה וְזֶה מָאתַיִם; זֶה אוֹמֵר: ״מָאתַיִם שֶׁלִּי״, וְזֶה אוֹמֵר: ״מָאתַיִם שֶׁלִּי״ – נוֹתֵן לָזֶה מָנֶה וְלָזֶה מָנֶה, וְהַשְּׁאָר יְהֵא מוּנָּח עַד שֶׁיָּבֹא אֵלִיָּהוּ!
The Gemara suggests: Come and hear another challenge to Rav Huna’s ruling from a mishna (Bava Metzia 37a): In the case of two people who deposited money with one person, and this one deposited one hundred dinars and that one deposited two hundred dinars, and when they return to collect their deposits, this one says: My deposit was two hundred dinars, and that one says: My deposit was two hundred dinars, the bailee gives one hundred dinars to this one and one hundred dinars to that one, and the rest of the money, i.e., the contested one hundred dinars, will be placed in a safe place until Elijah comes and prophetically determines the truth. In this case, one of the parties is certainly lying, but nevertheless, the Sages did not penalize the parties by placing all of the money in a safe place. Similarly, in the case of a sale, where a seller deceitfully mixed additional impurities into the produce he sold, he should not be penalized and required to take back all of the impurities.
הָכִי הַשְׁתָּא?! הָתָם, וַדַּאי מָנֶה לְמָר וּמָנֶה לְמָר; הָכָא, מִי יֵימַר דְּלָאו כּוּלֵּיהּ עָרוֹבֵי עָרֵיב?
The Gemara rejects this challenge: How can these cases be compared? There, in the case of the deposits, it is certain that at least one hundred dinars belongs to this Master and one hundred dinars belongs to that Master. Here, in the case of a sale where there is an unacceptable proportion of impurities mixed in, who can say that the seller did not mix in the entire amount intentionally? Accordingly, no proof can be drawn from the mishna.
תָּא שְׁמַע מִסֵּיפָא – אָמַר רַבִּי יוֹסֵי: אִם כֵּן, מָה הִפְסִיד הָרַמַּאי? אֶלָּא הַכֹּל יְהֵא מוּנָּח עַד שֶׁיָּבֹא אֵלִיָּהוּ.
The Gemara suggests: Come and hear a support for Rav Huna’s ruling from the latter clause of that mishna: Rabbi Yosei says: If so, what did the swindler lose? He lost nothing by claiming the one hundred dinars that belongs to another, and he has no incentive to admit the truth. Rather, the entire deposit will be placed in a safe place until Elijah comes. Since through his lie the swindler risks losing even the one hundred dinars that he deposited, perhaps that will induce him to admit his deceit. According to Rabbi Yosei, the Sages did penalize one who acts deceitfully, which accords with Rav Huna’s ruling.
הָכִי הַשְׁתָּא?! הָתָם וַדַּאי אִיכָּא רַמַּאי, הָכָא מִי יֵימַר דְּעָרוֹבֵי עָרֵיב.
The Gemara rejects the proof: How can these cases be compared? There, in the case of the deposits, there is certainly a swindler, and it is reasonable to penalize both parties in order to induce the swindler to admit his deceit. Here, in the case of a sale where there is an unacceptable level of impurities mixed in with the produce, who can say that the seller intentionally mixed in anything? Perhaps the impurities were inadvertently mixed in during the processing. Accordingly, no proof can be drawn from the mishna.
תָּא שְׁמַע: שְׁטָר שֶׁיֵּשׁ בּוֹ רִבִּית – קוֹנְסִין אוֹתוֹ, וְאֵינוֹ גּוֹבֶה לֹא אֶת הַקֶּרֶן וְלֹא אֶת הָרִבִּית; דִּבְרֵי רַבִּי מֵאִיר!
The Gemara suggests: Come and hear another support for Rav Huna’s ruling from a baraita: In the case of a promissory note in which the details of a loan with interest were written, the court penalizes the creditor, and he may collect neither the principal nor the interest; this is the statement of Rabbi Meir. According to Rabbi Meir, the Sages did penalize one who acts improperly, which accords with Rav Huna’s ruling.
הָכִי הַשְׁתָּא?! הָתָם מִשְּׁעַת כְּתִיבָה הוּא דַּעֲבַד לֵיהּ שׂוּמָא, הָכָא מִי יֵימַר דְּעָרוֹבֵי עָרֵיב.
The Gemara rejects the proof: How can these cases be compared? There, in the case of a loan with interest, it is already at the time of the writing of the bill that the lender performed the transgression of placing interest upon the borrower. Since he certainly committed a transgression, it is reasonable that the Sages penalized him. But here, in the case of a sale where there is an unacceptable proportion of impurities mixed in with the produce, who can say that the seller intentionally mixed in anything? Perhaps the impurities were inadvertently mixed in during the processing. Accordingly, no proof can be drawn from the baraita.
תָּא שְׁמַע מִסֵּיפָא – וַחֲכָמִים אוֹמְרִים: גּוֹבֶה אֶת הַקֶּרֶן, וְאֵינוֹ גּוֹבֶה אֶת הָרִבִּית!
The Gemara suggests: Come and hear a challenge to Rav Huna’s ruling from the latter clause of the baraita: But the Rabbis say: He may collect the principal but may not collect the interest. According to Rabbi Meir, the Sages did not penalize one who acts improperly, contrary to Rav Huna’s ruling.
הָכִי הַשְׁתָּא?! הָתָם וַדַּאי קַרְנָא דְּהֶתֵּירָא הוּא, הָכָא מִי יֵימַר דְּכוּלֵּיהּ לָא עָרוֹבֵי עָרֵיב.
The Gemara rejects this challenge: How can these cases be compared? There, in the case of a loan with interest, according to strict halakha it is certainly permitted to collect the principal, so the Sages did not penalize him with regard to it. But here, in the case of a sale where there is an unacceptable proportion of impurities mixed in, who can say that the seller did not mix in the entire amount intentionally? Accordingly, no proof can be drawn from the mishna.
תָּא שְׁמַע, דְּתָנֵי רָבִין בַּר רַב נַחְמָן: לֹא אֶת הַמּוֹתָר בִּלְבַד הוּא מַחֲזִיר, אֶלָּא מַחֲזִיר לוֹ אֶת כָּל הָרְבָעִין כּוּלָּן. אַלְמָא הֵיכָא דְּבָעֵי אַהְדּוֹרֵי – כּוּלַּהּ מַהְדַּר!
Come and hear further support for Rav Huna’s ruling from that which Ravin bar Rav Naḥman teaches (104b). Ravin bar Rav Naḥman’s statement is with regard to a situation when land that was sold is later found to be larger than stated at the time of the sale. If the deviation is not more than an area required to sow a quarter-kav of seed per beit se’a of land, then the buyer need not return any land to the seller. If the proportion of extra land is larger than this, not only must the buyer return the extra land that is beyond the limit of a quarter-kav area per beit se’a, but he must also return to him every one of the extra quarter-kav areas of land that he received beyond the stated area of a beit kor. The Gemara infers: Apparently, when one is required to return part of a sale because of a discrepancy that is beyond the acceptable limit of deviation, then one is required to return the entire discrepancy and not just the amount that is beyond the acceptable limit. This supports Rav Huna’s ruling.
הָכִי הַשְׁתָּא?!
The Gemara rejects this: How can these cases be compared?
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