Babylonian Talmud

Rodkinson 1918 — source 11, scan section 67

before you, take it as it is." But why should it not be the same, even if he has mixed it with his own ? He may take his own, and for the remainder he shall say : Yours is before you ? The case was, when he used this grain. But even then let him take the remainder of his own? The case was when he did not know how much he had used of it. R. Jehudah said, etc. What is to be considered a large quan- tity ? Said Rabba bar bar Hana in the name of R. Johanan : Ten coors ; and so we also learned in a Boraitha. A disciple taught before R. Na'hman that all this was said in n 98 THE BABYLONIAN TALMUD. case the depositor measured the grain of his barn, and the de- pository returned the grain also from his barn ; but if he returned the grain from his house he needs not to account to him any loss at all, because it usually increases. Said R. Na'hman to him : " Does the Mishna treat of fools who give a large measure and take in return a small one? Perhaps your Boraitha teaches as follows : All this is said when the depositor has given it to him at harvest time, and it was returned to him at the same season ; but if he deposited it in the harvest, and it was returned to him in the rain season, he needs not to account any loss, as it increases." Said R. Papa to Abayi : " If it is so, why should not the pitcher full of grain crack in the rain season? It happened that such a pitcher cracked. According to others, the grain which was in a closed pitcher does not increase, for lack of space." MISHNA VI. : The loss of wine counts one-sixth — R. Jehu- dah, however, says one-fifth — of oil, three lugs of each hundred, namely, one and a half for yeast, and one and a half for the absorption of the vessel,''^ If, however, the oil was already puri- fied, there is no loss for yeast, and if the vessels were old ones, then nothing is to be accounted for the vessels. R. Jehudah, however, says that even if one sells purified oil the buyer bears the loss of one and a half to each hundred lugs, for waste f yearly. GEMARA : And they do not differ. The one of them treats of waxed barrels, as the custom was in his place, which do not absorb much ; and the other treats when they were smeared with pitch, as the custom was in his place, and absorbed more. Some say that in some places barrels were made of such kind of clay that did not absorb much. In the place where R. Jehudah used to live, there was usually put forty-eight pitchers into one barrel, and they were sold for six zuz. R. Jehudah, however, when he became a storekeeper, sold every six pitchers for one zuz, so that for thirty-six pitchers he obtained six zuz, and twelve remained for him ; counting the loss of eight pitchers for absorption by the vessels, he nevertheless had for his profit four pitchers. But did not Samuel say that one must manage that his profit should not exceed a sixth of the amount ? Hence a sixth is allowed ? Why, then, did not R. Jehudah manage to have a sixth profit? Be- cause of the barrels and the yeast, which, aside from the four * Rashi explained above that all vessels at that time were of clay, and therefore a new one absorbed. f The text uses the word " schmarim," which means literally yeast. Here, however, it refers to waste material. TRACT BABA METZIA (MIDDLE GATE). 99 lugs, remained for him. If so, then R. Jehudah profited by more than a sixth? He took this for his trouble, and for the commis- sion which he had to give to the barrel sellers. " If it was purified oil" etc. But even if there were old ones, it is impossible that they should not absorb some ? Said R. Na'hman : The case was when they were waxed. Abayi, how- ever, says, even when they were not waxed, if they were old ones they had already absorbed all they could, and nothing more from the new stuff. R. Jehudah says, etc. Said Abayi : " In accordance with R. Jehudah's theory, one may mix yeast with the oil he is selling; and that is the reason that the buyer must accept a lug and a half for yeast, as the seller may say. If I would like to mix yeast with it you would have to accept ; do the same even when I give it to you pure. But why should not the buyer say. If you would put yeast in it, I would sell it with the oil ; but now, even if you would furnish me with the yeast separately, what should I do with it, as I cannot sell it separately ? The Mishna treats of a private person who prefers clear oil. And, according to the theory of the rabbis, one must not mix yeast with oil, and therefore one may not accept any loss for yeast, as the buyer may say. As it is not allowable for you to mix the. yeast with the oil, I need not accept any loss for yeast. Said R. Papa to Abayi : It seems to be the contrary. According to the sages, he is allowed to mix yeast, and therefore the buyer need not accept any loss for it, as he may say. Because you have not mixed it, you have relinquished it for my sake. And, in ac- cordance to R. Jehudah's theory, the mixing is not allowed, and therefore he must accept the loss of a lug and a half, and the seller may say. To mix any yeast with the oil by one is not per- mitted, and if you were not to accept any loss, where is my profit ? Shall I be a business man for buying and selling without deriving any profit from it ? There is a Boraitha which states that a buyer or a depository, concerning the offscouring, is equal in law. How is this to be understood ? Shall we assume as the buyer does not accept the offscouring, the same is the case with the depositor ? Why ? The depository may say : What have I to do with your offscourings? Therefore it must be explained in the reverse. As the depositor must accept the offscouring, the same is the case with the buyer. Is that so? Have we not learned in a Boraitha, R. Johanan said that the loss of unpuri- fied oil is to be accounted to the seller only, but not to the loo THE BABYLONIAN TALMUD. buyer, because he accepts a lug and a half for yeast, without off- scouring ? This presents no difficulty. It treats of a case when the money for the oil was paid in Tishri, and he delivered it in Nissan, with the same measure as at the time it was bought (then the buyer must accept the loss, as the oil in Nissan is usually already purified), and R. Johanan speaks of a case when it was paid and delivered in Nissan with the usual measure of the season. MISHNA VII. : If a barrel is deposited for safe-keeping with some one without the owner assigning a separate place for it, if the depository has handled it and it broke while yet under his hand, if his act was for his own advantage he is responsible. If for the sake of the article, he is not. If, however, it broke after it was replaced, there is no responsibility at any rate. If a sep-