Babylonian Talmud

Rodkinson 1918 — source 11, scan section 79

What does it mean that he shall pay for his trouble sep- arately? Said R. Papa: ^' As, e.g., the sellers of hemp articles get four per cent. ' as their commission.' " MISHNA IV. : How much less of the quantity of the Sala should be effaced, that the law of fraud could not be claimed ? According to R. Meier, four issars, which is one issar to each dinar; and according to R. Jehudah, ionr pundiuns, ont pundiun to each dinar. According to R. Simeon, however, eight pundiuns ; two pundiuns (which are four issars) to one dinar (and it means an exact sixth of its value). What time is to be given for retracting? In the large cities, time for showing it to a money-changer must be granted; and in villages, until the eve of Sabbath. If, however, there was a sale, even after an elapse of twelve months, he must accept its return without any claim, but he may be angry with him. Such a sala may be expended for second tithe without any fear, as he who does not accept circulating money is considered a bad man. GEMARA: There is a contradiction to our Mishna from the following Boraitha, which states : How much should the sala be effaced that the law of fraud should apply? (the same quan- tity as in our Mishna is given ; hence, according to the Boraitha, the law of fraud applies to such quantities, and according to our Mishna it does not ?) Said R. Papa : " This presents no difficulty. The Tana of our Mishna comes from the bottom to the top {i.e., an effaced sala until what quantity it may be circulated until it reaches the quantity mentioned ; but if such a quantity is already reached, it is not any more considered in circulation, and the law of fraud applies) ; and the Tana of the Boraitha comes from top to the bottom {i.e., if the effaced coin has lost the quantity in question, it is not more fit for circulation, etc., hence both state- ments have the same meaning)." Why, then, do the Tanaim differ concerning a sala and not with another article, in which all agree that a sixth is the prescribed kind of cheating? Said Rabha: The Tana who holds a sixth is the prescribed kind is R. Simeon, who points to the same kind in a sala. Abayi, however, maintains that one usually relinquishes if he was cheated in value less than a ^ixth ; as people say, pay TRACT BABA METZIA (MIDDLE GATE). 129 dearer for the necessity of your dressing, but for your stomach look that you are not overcharged. The text of the Mishna says : How much of the quantity, etc. A Tosephta in addition to this Mishna states that if it was effaced more than the above quantity, he may sell it for its value. What is the prescribed quantity of a diminished coin which one is still allowed to keep ? If it was a sala, he may keep it if it still contains the value of a shekel ; and if it was a dinar, he may keep it when a quarter of the quantity was diminished. If, however, it was less than one issar it is pro- hibited, and he must not sell it to a merchant, and not to a power- ful man, or to a robber, as they may cheat some other persons with it, and therefore it is advisable he shall bore a hole in it, and put it around the neck of his son or daughter. The master says : " A sala of the value of a shekel, which counts a half ; and from a dinar only a quarter ; why the difference ? " Said Abayi : " The quarter concerning an issar means a quarter of a shekel, which counts a half of a dinar." Said Rabha : " It seems to me so, because it is not stated ' a quarter of it,' but a * quarter,' which generally means * of a shekel.' " But why should the prescribed quantity of a dinar be dependent upon a shekel? Herewith he teaches us, by the way, that there is a kind of dinar which came from a shekel {i.e., that the quantity of the shekel was diminished to a half), and this is a support to the statement of R. Ami, who says that a dinar which came from a shekel may be kept for circulation (as every one could recognize that it is only a half of the quantity) ; but a dinar which came from a sala {i.e., that the sala was diminished to the value of three quarters), it may not be kept in circulation even at the value of a dinar, because it is still a large coin, and can easily be taken for a shekel. The Boraitha states, if, however, it was less than an issar, then it is prohibited. How is this to be understood ? Said Abayi : " It means to say, if the sale in question was diminished more than the value of an issar, it is prohibited to be kept." Said Rabha to him : " Why an issar ? If the sala in question was diminished even only a trifle of the above quantity, it is also prohibited to be kept ? Therefore," says he, " it means if a sala were diminished in quantity as an issar to a dinar, it is prohibited to be kept, and it is in accordance with R. Meier's opinion." An objection was raised : Until what quantity may it be diminished, and still allowed to be kept ? If it was a sala, until the quantity of a shekel. Is it not to be assumed that it was diminished little by little, and still it was allowed to be kept until it became of the size of a shekel ? Nay, it means that it was 9 I30 THE BABYLONIAN TALMUD. dropped into the fire and diminished all at once. The master says : " He may bore a hole in it and put it around the neck," etc. There is a contradiction from the following :" An uncirculating coin must not be used as a weight, and also he must not use it for an ornament, and also he must not perforate it, and put it on the neck of his son or daughter ; but he shall grind or melt it, or cut it in pieces, or throw it away into the Dead Sea " (so that it could not be used by swindlers, hence it states he must not per- forate it, etc.). Said R. Elazar, and, according to others, R. Huna in his name : " This presents no difificulty. The statement that he may bore a hole in it means, in the middle of the coin, which spoils it entirely ; and the statement that it may not means, on the side " (as a swindler could fix it), ? " W/iat time is to be givefi for retracting'' etc. Why concern- ing a sala, it makes a difference between large cities and villages, which is not the case with another article ? Said Abayi : " The statement of our Mishna concerning an article means also in the large cities." Rabha, however, maintains "that every one is aware of the value of a common article, but to understand the value of a sala one must be a money-changer; therefore, in large cities, where money-changers are to be found, such time is pre- scribed ; in the villages, however, where money-changers are not to be found, time is given until the eve of Sabbath, when usually people go to the market to buy supplies for Sabbath. " If, however^ there was a sala,'' etc. Where ? If in the large