POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Bava Metzia 60
BAVA METZIA 60 - sponsored by Rabbi Dovid Hofstedter, Shlita, of Toronto,
whose remarkable Harbatzas Torah -- and Dafyomi Shi'urim and Kollelim in
particular -- are by now a Kidush Hashem that is familiar to Yeshiva
students and Ba'alei Batim alike. May he and his family be blessed to
continue their incredible work "until 120."
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.
2) MIXING WINE
(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
(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
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.
3) WAYS TO ATTRACT BUYERS
(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.
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
(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.
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
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
(n) (Mishnah): In a place where people dilute wine with
water, this is permitted.
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
(o) (Beraisa): One mixes according to the local custom - a
half, third or quarter.
1. (Rav): This refers to at the time of pressing
(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.
4) MAKING THE MERCHADISE ATTRACTIVE
(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
(a) (Mishnah): One may not Mefarches people, animals or
***** PEREK EIZEHU NESHECH *****
(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
(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
(h) Rabah permitted stretching hemp garments (to show off the
(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
(l) Answer: That is only forbidden by old vessels, for he
makes them look new.
(m) Question: What does Mefarches mean with respect to
(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
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
(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
(f) Answer (Rava): Really, you cannot find one without the
other; the Torah wrote them separately to put a second
Lav on usury.
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.