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Bava Basra 92a

בבא בתרא צ״ב ע״א

Bava Batra 92a

Learn Bava Basra 92a step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

When a sold item turns out unfit for the buyer's purpose: seeds that do not sprout (משנה) and an ox that gores (רב and שמואל)

Overview

The משנה rules that someone who sells produce that did not sprout is not responsible, because the buyer might have bought it to eat. רבן שמעון בן גמליאל disagrees about garden seeds, which nobody eats, so the seller is responsible for them. The גמרא then brings a related argument: if someone sells an ox that turns out to be a gorer, רב says the sale is a mistake, and שמואל says the seller can claim he sold it for slaughter. The גמרא asks why we do not just check what this buyer usually buys oxen for, and answers that he buys them for both purposes. It then asks why we do not check the price he paid, and answers that meat prices rose until a meat ox cost as much as a plowing ox. If the prices are equal, what difference does the argument make? The גמרא answers that it decides who must take on the effort of selling the ox. The amud ends as the גמרא asks to define the exact case, and the answer comes on the next amud.

Opening lines

הַמּוֹכֵר פֵּירוֹת לַחֲבֵרוֹ,

One who sells produce to his fellow,

וּזְרָעָן וְלֹא צִמֵּחוּ;

and he planted them and they did not sprout;

וַאֲפִילּוּ זֶרַע פִּשְׁתָּן –

and even flaxseed –

אֵינוֹ חַיָּיב בְּאַחְרָיוּתָן.

he is not responsible for them.

The steps (10)

  1. StatementSeller of produce that did not sprout is not responsible
  2. StatementGarden seeds that are not eaten carry responsibility
  3. Statementרב and שמואל argue about selling an ox that gores
  4. ChallengeWhy not check what this buyer usually buys oxen for?
  5. ResolutionThe buyer buys oxen for both purposes
  6. ChallengeWhy not check the price that was paid?
  7. ResolutionThe price of meat went up to match a plowing ox
  8. ChallengeIf the prices are the same, what difference does it make?
  9. ResolutionThe difference is who has to bother selling the ox
  10. QuestionWhat exactly is the case?