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1) MIXING PRODUCE

(a) (Mishnah): If Reuven sells produce of a field (Aleph), he may not mix with it produce of field Beis, even if the produce of both are new, all the more so if that of Aleph is old (which is preferable) and that of Beis is new.
(b) Really, they permitted to mix hard wine with soft, for this improves (soft) wine.
(c) It is forbidden to mix dregs into wine, but he gives him its dregs (this will be explained).
(d) If water was mixed into wine, one may not sell it in a store without informing the buyer;

1. One may not sell it to a wine merchant, even if he informs him, for he will sell it without saying that it was mixed with water.

(e) In a place where people dilute wine with water, this is permitted.
(f) A merchant mixes together what he buys from different granaries or winepresses, on condition that he does not intend to mix (inferior produce with superior, and to call it superior).
(g) (Gemara - Beraisa): Obviously, if new produce sells for four Sa'im for a Sela and old for three Sa'im for a Sela, he may not mix them (and say it is old);

1. Even if new produce sells for three Sa'im for a Sela and old for four Sa'im for a Sela, he may not mix them;

i. The new is more expensive only because it can be kept longer - if the buyer wants to use it soon, the old is better for him.

(a) (Mishnah): Really, they permitted to mix hard wine with soft, for this improves it.
(b) (R. Elazar): This teaches that whenever the Mishnah says 'really', that is the Halachah (Rashi - since it gives the reason, there is no room for doubt; Rambam - the Halachah is a tradition from Moshe from Sinai).
(c) (Rav Nachman): The Mishnah speaks of at the times of pressing the grapes (but afterwards, it harms the wine).
(d) Question: But nowadays, people mix afterwards!
(e) Answer #1 (Rav Papa): People know this, they pardon it.
(f) Answer #2 (Rav Acha brei d'Rav Ika): The Mishnah is R. Acha.

1. (Beraisa - R. Acha): It is permitted to mix something which people taste before buying.

(g) (Mishnah): It is forbidden to mix dregs into wine, but he gives him (mixes in) its dregs.
(h) Question: This is a contradiction!

1. Suggestion: He may give him the dregs if he informs him.
2. Rejection (end of the Mishnah): (If water was mixed into wine), one may not sell it in a store without informing the buyer; one may not sell it to a wine merchant, even if he informs him;

i. This implies, until now, the Mishnah speaks of without informing!

(i) Answer (Rav Yehudah): The Mishnah forbids mixing dregs of one wine with a different wine, but he may give him the dregs of the same wine.

1. Support (Beraisa - R. Yehudah): Reuven gently poured wine to Shimon (so the dregs stayed in Reuven's vessel) - Reuven may not mix in dregs of a different wine, but he may mix in its own dregs.

(j) (Mishnah): If water was mixed into wine, one may not sell it in a store without informing the buyer...
(k) They brought wine from a store to Rava. He mixed it and tasted it - it was not good, he returned it to the store.
(l) Question (Abaye): But the Mishnah teaches, one may not sell mixed wine to a merchant!
(m) Answer (Rava): I put in so much water, any buyer will know that it was mixed.

1. Suggestion: We should be concerned that the seller will add pure (undiluted) wine, so it will not be recognized!
2. Rejection: If the seller will himself mix the wine, he could add water to pure wine, he does not need to buy mixed wine to swindle (so we are not responsible).

(n) (Mishnah): In a place where people dilute wine with water, this is permitted.
(o) (Beraisa): One mixes according to the local custom - a half, third or quarter.

1. (Rav): This refers to at the time of pressing grapes.

(a) (Mishnah - R. Yehudah): A grocer may not give treats to children, for this accustoms them to patronize him; Chachamim permit this.
(b) R. Yehudah forbids selling for less than the standard price - Chachamim say, this is praiseworthy!
(c) Aba Sha'ul says, one who sells beans may not remove the cut beans - Chachamim permit this;

1. Chachamim admit, he may not remove only the cut beans on top, for that is deception.

(d) One may not Mefarches (this will be explained) people, animals or vessels (for sale).
(e) (Gemara) Question: Why do Chachamim permit giving nuts?
(f) Answer: The other grocers can do the same if they want.
(g) (Mishnah): R. Yehudah forbids selling for less than the standard price - Chachamim say, this is praiseworthy!
(h) Question: Why do Chachamim permit this?

(i) Answer: This will encourage others to sell cheaply, the price will decline.
(j) Aba Sha'ul says, one may not remove the cut beans - Chachamim permit this...
(k) Question: As whom do Chachamim hold?
(l) Answer: R. Acha.

1. (Beraisa - R. Acha): Anything the buyer can see, it is permitted.

(a) (Mishnah): One may not Mefarches people, animals or vessels.
(b) (Beraisa): One may not Mesharbet animals or inflate intestines (of a slaughtered animal) nor soak the meat in water (to make it appear fatty).
(c) Question: What does Mesharbet mean?
(d) Answer #1 (Chachamim of Bavel): To give them bran water to drink (to inflate the intestines and make the hair stand up).
(e) Answer #2 (Ze'iri): To comb with a thick comb.
(f) Shmuel permitted putting silk fringes on a cloak.
(g) Rav Yehudah permitted to starch clothing with colorful designs.
(h) Rabah permitted stretching hemp garments (to show off the fine threads).
(i) Rava permitted putting designs on arrows;
(j) Rav Papa bar Shmuel permitted putting designs on baskets.
(k) Question (Mishnah): One may not Mefarches people, animals or vessels.
(l) Answer: That is only forbidden by old vessels, for he makes them look new.
(m) Question: What does Mefarches mean with respect to people?
(n) Answer: As the following case.

1. An old Kana'ani slave died his hair (which was white) and beard black, and asked Rava to buy him.
2. (Rava - Mishnah): The poor should be in your household (it is better to pay a poor Yisrael to serve me).
3. Rav Papa bar Shmuel bought him; one day, the slave showed him that he was older than Rav Papa;

i. He applied to himself "Tzadik mi'Tzarah Nechelatz va'Yavo Rasha Tachtav" - the Tzadik (Rava) was saved from trouble, the evil one (Rav Papa) gets the evil in his place.

5) NESHECH AND TARBIS

(a) (Mishnah) Question: What is Neshech (biting, making the borrower pay more than he received), what is Tarbis (increase (of the lender's money))?
(b) Answer: Neshech - one who lends four Dinarim to get back five, or Sa'atayim (two) of wheat to get back three;
(c) Tarbis - one who increases produce;

1. Reuven bought a Kor of wheat for 25 Dinarim, which was the going rate; the price rose to 30 Dinarim, and he asked for his wheat, in order to sell it and buy wine. The seller did not have wheat - he promised to give Reuven 30 Dinarim worth of wine, and now he has no wine. (This is Tarbis, it is forbidden.)

(d) (Gemara) Inference: Since the Tana did not give examples of Tarbis mid'Oraisa (through a loan), only Tarbis mid'Rabanan (through a sale), this implies that mid'Oraisa, Neshech and Tarbis are the same!
(e) Question: But since the Torah wrote them by different matters, they must be different - Neshech is written by money, and Tarbis by food!

1. Counter-question: But you cannot find either without the other!
2. Suggestion: Perhaps we can find Neshech without Tarbis - he lent 100 (Perutos) on condition to get back 120; at the time of the loan, 100 Perutos was a Danka (a sixth; Rashi - of a Dinar; Ra'avad - of a Kor of grain), at the time of the payment, a Danka was 120 Perutos;

i. The borrower pays more (Perutos), the lender does not gain (he received back the same Danka he lent - Rashi; Ran - we are thinking that Neshech depends on the time he lends him, Tarbis depends on the time of payment).

3. Rejection: (Ran - No - Neshech and Tarbis both depend on the same time - ) if you look at the beginning (he stipulated to return 120 for 100), this is Neshech and Tarbis; if you look at the end, (a Danka was given, a Danka was returned) there is neither Neshech nor Tarbis.
4. Suggestion: Perhaps we can find Tarbis without Neshech - he lent 100 on condition to get back 100; at the time of the loan, 100 was a Danka (a sixth, of a Dinar or Kor), at the time of the payment, 100 was a fifth;
5. Rejection: If you look at the beginning, this is neither Neshech nor Tarbis; if you look at the end, there is both Neshech and Tarbis.

(f) Answer (Rava): Really, you cannot find one without the other; the Torah wrote them separately to put a second Lav on usury.