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Prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Bava Basra 90
1) THE PROPER MEASURES
(a) Support (for Rav Yehudah - Beraisa): It is forbidden to
keep a measure that is too big or too small in his house,
even to use as a urinal;
1. He may keep the following (dry) measures (these are
standard, we are not concerned that he will claim it
is a different measure, for each is very far from
the next standard measure): a Se'ah, a half Se'ah, a
quarter Se'ah (which is one and a half Kavim), a
Kav, a half Kav, a quarter Kav (a Lug), a Tuman
(half a Lug), a half Tuman, and an Uchla.
2. Question: What is an Uchla?
3. Answer: A fifth of a Lug.
(b) He may keep the following liquid measures: a Hin, a half
Hin, a third of a Hin, a quarter Hin, a Lug, a half Lug,
a Revi'is (of a Lug), an eighth of a Lug, and an eighth
of an eighth of a Lug (a Kortov).
(c) Question: Why not make a two Kavim measure?
(d) Answer #1: It might be used (to cheat) in place of three
Kavim.
(e) Rejection: If so, we should not allow a Kav, it might be
used in place of one and a half Kavim!
(f) Answer #2: It might be used in place of one and a half
Kavim.
(g) Inference: People might not notice if the measure is a
quarter less than it should be.
(h) Question: We should not allow a half Tuman and an Uchla
(the later is only a fifth less than the former)!
(i) Answer (Rav Papa): People have better estimation of small
measures.
(j) Question: We should not allow a third of a Hin and a
quarter Hin!
(k) Answer: Since these two measures were used in the Mikdash
(for measuring wine and oil), Chachamim did not decree
against them.
(l) Question: Chachamim should have decreed in the Mikdash
not to use them!
(m) Answer: Kohanim are zealous, they would not come to err.
2) INCREASING THE MEASURES
(a) (Shmuel): People of the city may not increase the
measures more than a sixth, nor may they increased the
(weight of the) coins by more than a sixth;
1. A grocer may not charge more than a sixth above the
price he pays for produce (unless the market price
increased).
(b) Question: Why it is forbidden to increase the measures
more than a sixth?
1. Suggestion: When merchants see that the measures
increased, they will raise prices more than they
should.
2. Rejection: If so, it should be forbidden to increase
them even a sixth!
(c) Answer #1: We do not want the sales should be invalidated
(perhaps merchants (from outside the city did not know
that the measures increased, buyers will take the new
measure, underpaying more than a sixth)!
(d) Rejection: But Rava taught, if the wrong measure, weight
or number was given, even less than a sixth, the sale is
invalid (Rashbam; Rambam - the sale stands, but the
additional amount must be given or returned).
(e) Answer #2: We do not want merchants to lose money (they
normally profit a sixth, they will only lose their
profit).
(f) Objection: A merchant's income is from his profit, we
should be concerned for his livelihood!
(g) Answer #3 (Rav Chisda): Chachamim expounded "Twenty
Shekalim 25 Shekalim 15 Shekalim ha'Maneh Yihyeh";
90b---------------------------------------90b
1. Question: A Maneh is (100 Dinarim,) not 240 (60
Shekalim, which is 20 and 25 and 15)!
2. Answer (Rav Chisda): We learn from this three
things: the Maneh of Hekdesh is double a normal
Maneh;
i. We may increase measures, but no more than a
sixth; (a double Maneh should be 200 Dinarim,
and the verse considers it 240);
ii. The sixth is of the total (the new measure
(240), i.e. a fifth of the old measure).
(h) Rav Papa bar Shmuel enacted that people use a measure of
nine Lugin [some say, three Lugin].
1. Rabanan: But Shmuel taught, we may not increase the
measures more than a sixth (but this is a third more
than the previous measure of six [or two] Lugin)!
2. Rav Papa bar Shmuel: That does not apply to making a
new measure. (Rashbam - he was not concerned for
cheating, since his city did not use measures of six
or 12 [one and a half or three] Lugim, this was not
close to any measure in use).
3. Chachamim of Pumbadisa did not agree to this,
Chachamim of Papunya did agree.
3) CAUSING PRICES TO RISE
(a) (Beraisa): "Nishba Hash-m...Im Eshkach
la'Netzach...Na'avor ha'Chodesh v'Nashibrah Shever" -
these are people who (delay selling in order to) raise
prices;
1. "Veha'Shabas v'Niftecha Bar" - they buy produce to
sell it (in Shemitah), when it will be expensive;
2. "Lehaktin Eifah" - people who decrease the Eifah;
3. "U'Lhagdil Shekel" - they lend on Ribis.
(b) Question: What is meant by 'people who buy produce to
sell when it will be expensive'?
(c) Answer: They buy in order to sell to poor people (at the
high price) when it will be expensive.
(d) Shmuel's father would sell at the early (low) price (when
grain is finished in the granaries).
1. Shmuel would not sell his own produce until later
(at the higher price).
2. Chachamim of Eretz Yisrael: Your father was better
than you!
3. Question: What is the reason?
4. Answer: By deflating the early price, he ensured
that prices would be low the whole year.
(e) (Rav): One may delay selling his own produce until the
price rises.
(f) Support (Beraisa): One may not hoard life-essential
produce (to sell later at a higher price), such as wine,
oil and flour;
1. This is permitted regarding spices, such as peppers.
2. It is only forbidden to buy and hoard, one may hoard
what he grows himself.
3. One may buy and hoard in Eretz Yisrael (starting in
the year before Shemitah) in order to sell in
Shemitah and the following year (so there will be
enough food in those years);
i. In famine years, one may not hoard even one Kav
of carobs, lest this increase prices.
(g) R. Yosi b'Rebbi Chanina (to his servant): Buy and hoard
for me starting in the year before Shemitah, in order to
sell in Shemitah and the following year.
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