Bava Metzia 40b
בבא מציעא מ׳ ע״ב
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Topic
Oil sales: profit limits, deductions for sediment and absorption, mixing sediment, residue, and a guard who moves a deposited barrel
Overview
The גמרא first works out the math of רב יהודה's oil sale. It then shows that his profit fits שמואל's rule that a seller may profit up to one-sixth: the barrel and the sediment he keeps add to his profit, and his labor and the cost of the tap balance it out. Next it returns to the משנה and explains why an old cask counts as absorbing no oil. רב נחמן says the משנה means casks coated with pitch, and אביי says a cask that is already soaked takes in no more. אביי then ties the argument between רבי יהודה and the חכמים about sediment to whether a seller may mix sediment into oil, and he defends רבי יהודה's view using the משנה about selling a צמד. רב פפא reverses אביי's reading of both sides. A ברייתא then compares a buyer and a depositor regarding residue, and the גמרא settles a contradiction by separating a buyer who paid in תשרי from one who paid in ניסן. Finally, a new משנה rules on a guard who moves a deposited barrel that then breaks. The גמרא says it follows רבי ישמעאל, who holds that an item can be returned without the owner knowing. רבי עקיבא's opposing view continues on the next amud.
Opening lines
דַּל תְּלָתִין וְשִׁיתָּא בְּשִׁיתָּא,
Subtract thirty-six sold for six each,
פָּשׁוּ לֵיהּ תְּרֵיסַר.
twelve remain for him.
דַּל תְּמָנְיָא שְׁתוּתֵי,
Subtract eight for the sixths,
פָּשׁוּ לְהוּ אַרְבְּעָה.
four remain for them.
The steps (32)
- StatementWorking out the math of רב יהודה's oil sale
- Challengeשמואל allows profit up to one-sixth, so why was his profit so small?
- ResolutionThe barrel and the sediment add to his profit
- ChallengeThen his profit is now more than one-sixth
- ResolutionHis labor and the tap cost balance it out
- StatementQuoting the משנה about refined oil
- ChallengeSurely every cask absorbs some oil
- Resolutionרב נחמן: the משנה is talking about casks coated with pitch
- Resolutionאביי: a soaked cask absorbs no more
- Statementרבי יהודה: even refined oil gets a sediment deduction
- Statementאביי: the dispute is about mixing sediment into oil
- StatementWhy the buyer must accept the deduction according to רבי יהודה
- ChallengeBut mixed sediment could be resold, and plain sediment cannot
- ResolutionThe buyer is a homeowner who wants clear oil
- ChallengeBy not mixing, didn't the seller give it up?
- Resolutionרבי יהודה does not assume a person gave something up
- ProofSource: selling the yoke versus selling the cattle
- ProofThe price tells us what was sold
- Statementאביי's reading of the חכמים' view
- Challengeרב פפא flips the חכמים' view
- Statementרב פפא: for רבי יהודה the buyer must accept
- StatementA buyer and a depositor are the same regarding residue
- QuestionWhat does 'regarding residue' mean?
- ChallengeChallenge: what would the guard do with the residue?
- ResponseNew reading: the buyer accepts residue just like the depositor
- ChallengeChallenge from רבי יהודה: the buyer does not accept residue
- ResolutionPaying in תשרי versus paying in ניסן
- Statementמשנה: a moved barrel breaks when the owner chose no spot
- Statementמשנה: a moved barrel breaks when the owner chose a spot
- QuestionWhose opinion is this משנה?
- ResponseIt follows רבי ישמעאל: the owner does not need to know
- ProofThe ברייתא about returning a stolen lamb or coin