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Bava Metzia 49b

בבא מציעא מ״ט ע״ב

Learn Bava Metzia 49b step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

Backing out of sales before משיכה, and how אונאה (overcharging) is measured: one-sixth of the item or of the money.

Overview

The גמרא finishes a story about a man who left his money in someone's house, and רבא rules that saying 'here is the house' does not make a person a watchman at all. It then explains רבי שמעון's view in the משנה. A ברייתא and רבא show when the seller is locked in even without משיכה. רב חסדא then rules that a buyer who paid but did not pull the goods may also back out. A new משנה sets the line for אונאה at one-sixth, with only a short time to complain. It also tells how the merchants of לוד turned down רבי טרפון's one-third rule. רב and שמואל argue whether the sixth is measured against the item or also against the money paid. Proofs from the משנה all end up fitting רב, and a ברייתא that supports שמואל begins, continuing on the next amud.

Opening lines

אֲמַרִי לֵיהּ: לָא.

I said to him: No.

אֲמַר לִי: לֶיהְווֹ הָנָךְ זוּזֵי

He said to me: Let these coins be

בְּפִקָּדוֹן גַּבָּךְ,

as a deposit with you,

דְּהָא חֲשַׁכָה לִי.

for it has grown dark for me.

The steps (32)

  1. StatementThe money left in the house is stolen
  2. Statementרבא rules: 'Here is the house' makes no watchman
  3. Challengeרבינא asks about the מי שפרע curse
  4. Rejectionרב טבות: That never happened
  5. Statementרבי שמעון: When the money-holder has the upper hand
  6. ChallengeWhose hand is the money in?
  7. ResolutionRead it: the value of his money is with him
  8. ChallengeIsn't that obvious?
  9. Resolutionרבא: The seller rented the buyer's attic
  10. ResolutionWhy money works here: the reason for משיכה doesn't apply
  11. StatementA buyer of wine wants his money back
  12. Statementרב חסדא: Pulling works for buyers too
  13. StatementThe משנה sets the measure of overcharging at one-sixth
  14. StatementHow long the buyer has to return the item
  15. Statementרבי טרפון rules that the line is one-third, and the merchants are happy
  16. Statementרבי טרפון adds that the buyer has the whole day to back out
  17. ConclusionThe merchants choose to keep the Sages' rules
  18. Statementרב and שמואל disagree about what the one-sixth is measured against
  19. StatementCases where רב and שמואל agree
  20. StatementThe cases where they argue
  21. Statementשמואל's ruling: both cases are overcharging
  22. Statementרב's ruling: one case cancels the sale, the other is forgiven
  23. Statementשמואל: A sixth from either side counts as overcharging
  24. ProofAttempted proof for שמואל from the משנה's four out of twenty-four
  25. RejectionRejection: The case is something worth 24 sold for 20
  26. ChallengeProblem: That makes the seller the cheated one, but the משנה is about the buyer
  27. ResolutionAnswer: Something worth 24 sold for 28
  28. ProofNew attempted proof for שמואל from רבי טרפון's one-third
  29. RejectionRejecting the proof: worth 24 sold for 16
  30. ChallengeBut then the seller was cheated, and the time limit is only for a buyer
  31. ResolutionRather: worth 24 sold for 32
  32. ProofA ברייתא supporting שמואל: the cheated party has the upper hand