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