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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 88

BAVA BASRA 87 & 88 - dedicated by an admirer of the work of the Dafyomi Advancement Forum, l'Iluy Nishmas Mrs. Gisela (Golda bas Reb Chaim Yitzchak Ozer) and Reb Yisroel Shimon (ben Reb Shlomo) Turkel, A"H.

1) IS ONE WHO TAKES AND RETURNS SOMETHING RESPONSIBLE?

(a) Answer #3 (Abaye bar Avin and R. Chanina bar Avin): The case is, Shimon took the flask to measure (the oil for Reuven) with it.
1. (Rabah): An animal was lost; a Chacham (who is exempt from returning it, it is beneath his dignity) hit it (to make it return by itself) - he is responsible to return it.
(b) Objection: Rabah said that regarding an animal - once it strays, it is less likely to return home;
1. We have no source that using a flask (for the sake of Reuven) obligates him to return it to Reuven!
(c) Answer #4 (Rava and R. Zeira): The case is, Shimon took the flask to measure with it for others.
1. R. Yehudah holds that one who borrows without permission is like a borrower, it suffices to return it to where he took it from (the child);
2. Chachamim hold that one who borrows without permission is like a robber, he must return it to the owner.
(d) (Shmuel): If one takes a vessel from a craftsman to see if he wants to buy it, and Ones occurred, he is liable.
1. This is only if the price is known.
(e) Levi entered a meat store; he picked up thigh to inspect it. A horseman came and took it; Rav Yemar obligated Levi to pay;
1. This is only because the price was known.
(f) Reuven brought gourds to Fum Nahara to sell; everyone took one each (intending to buy it; he thought they were stealing). He said 'They are Hekdesh'!
1. Rav Kahana: A person cannot make Hekdesh something that is not his (the buyers acquired, they merely owe money).
2. This is only if the price is known - if not, they still belonged to Reuven, they are now Hekdesh.
(g) (Beraisa): If Shimon (who is trustworthy about Ma'aseros) was looking at vegetables to buy them (from Reuven, who is not trustworthy about Ma'aseros), even for a whole day, he does not acquire (until he decides absolutely), he need not tithe them;
1. If he decided to buy them, he acquires, he must tithe them.
2. If he later decides to return them, he must first Ma'aser them; Shimon (gives the Ma'aser to a Levi and) pays Reuven the value of the Ma'aser, and returns the remaining vegetables.
(h) Question: Because he decided to buy them, he acquires and must tithe them?!
(i) Answer (R. Hoshaya): The Beraisa discusses a Heaven-fearing person, like Rav Safra, who fulfilled "V'Dover Emes bi'Lvavo" (he fulfilled his intention, even though he did not say a word).
2) CLEANING ONE'S MEASURES
(a) (Mishnah): A wholesaler cleans his measures once every 30 days (because they are used often, much sticks to them);
(b) A regular person (who sells less frequently) cleans his measures once every 12 months;
(c) R. Shimon ben Gamliel says, just the contrary (a wholesaler's vessels are used often, the remaining drops usually do not dry up and stick to the vessels, once a year suffices, for a regular person, once every 30 days).
(d) A grocer cleans his measures twice a week, his weights once a week, and his scale after every weighing.
(e) R. Shimon ben Gamliel says, this applies to (vessels that hold) liquids; for dry things, there is no need to clean the vessels.
88b---------------------------------------88b

3) GIVING EXTRA

(a) The grocer must give enough produce to Machri'a (lift the pan holding the weights) a Tefach (above the produce).
(b) If he (is in a place where one) measures evenly, he compensates by adding extra produce: one part for 10 for liquids, one for 20 for solids.
(c) In a place where people measure with small vessels, he should not measure with big vessels (for there will be fewer weighings);
1. In a place where people measure with big vessels, he should not measure with small vessels (the seller cannot make them so even).
(d) In a place where people sell even measures, he should not give a heaping measure, or vice-versa (we will explain why).
(e) (Gemara) Question: What is the source (that one must make the weights go a Tefach higher)?
(f) Answer (Reish Lakish): "Even Shelemah va'Tzedek" - give more than the full measure.
(g) Question: But the next clause teaches 'in a place where people measure evenly, he compensates by adding extra' - if the Torah requires Hachra'ah, how can he weigh evenly?
(h) Answer: Really, the Torah does not require Hachra'ah (but where people do so, one must Machri'a a Tefach);
1. The question was, what is the source that 'in a place where people measure evenly, he compensates by adding extra'? Reish Lakish answered, "Even Shelemah va'Tzedek".
(i) Question: How much extra must one give (what does it mean one part for 10)?
(j) Answer (R. Aba bar Mamal): A tenth of a liter for a sale of 10 liters (i.e. one part in 100) regarding liquids.
(k) (Mishnah): One part for 10 for liquids, one for 20 for solids.
(l) Question: What does this mean?
1. Does it mean, a tenth of a liter for a sale of 10 liters for liquids, one part in 20 of a liter for a sale of 20 liters for solids?
2. Or, does it mean, a tenth of a liter for a sale of 10 liters for liquids, or for a sale of 20 liters for solids?
3. This question is not resolved.
4) WHAT IS MORE SEVERE
(a) (R. Levi): The punishment for false measures is more severe than for incest - regarding false measures it says "El", regarding incest it says "Eleh".
(b) Question: What is the source that "El" connotes strength?
(c) Answer: "V'Es Elei ha'Aretz Lakach".
(d) Question: Regarding incest it says "Eleh", which also connotes severity!
(e) Answer: No, "Eleh" comes to teach that Kares (applies to Arayos, it) does not apply to false measures.
(f) Question: Since Kares applies to Arayos but not to false measures, why are false measures considered more stringent?
(g) Answer: One can repent after sinning with Arayos, not after sinning with false measures.
(h) (R. Levi): The punishment for stealing from a person is worse than for stealing from Hekdesh.
1. Regarding stealing from a person, the Torah says "Chet", before (he benefited, i.e.) "Me'ilah"; regarding stealing from Hekdesh, it does not say "Chet" until after "Me'ilah".
(i) (R. Levi): Hash-m acts unlike people: Hash-m blessed Yisrael with 22 letters (from Aleph to Tav - "Im Bechukosai Telechu...Komemiyus") and cursed them with eight (from Vov to Mem, "V'Im Bechukosai Tim'asu...Ga'alah Nafsham")
1. Moshe blessed Yisrael with eight letters "V'Hayah Im Shamo'a...l'Avdam" and cursed them with 22 - "V'Hayah Im Lo Sishma...v'Ein Koneh".
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