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Bava Metzia 51b

בבא מציעא נ״א ע״ב

Learn Bava Metzia 51b step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

Conditions waiving אונאה, the laws of selling באמנה (on trust), and the start of the משנה on worn coins.

Overview

The גמרא finishes a מחלוקת between רב and שמואל about selling on condition that there will be no claim of אונאה. רב says the condition fails, because the other side never knowingly gave up anything. שמואל says it works, because it is not certain that any Torah law is being uprooted. רב ענן reports that שמואל drew a line between 'you have no claim against me,' which works, and 'there is no אונאה in it,' which fails. A ברייתא that lets the condition work challenges רב. אביי answers that רב follows רבי מאיר and שמואל follows רבי יהודה. רבא answers instead that רב means an ordinary case and the ברייתא means a case where the real value was stated openly, and a second ברייתא supports him. Next the גמרא brings the laws of someone who sells באמנה, on trust: he must price all his goods the same way, and he may charge for his expenses but not for his own work. Finally a new משנה begins, asking how worn a סלע can be before spending it at full value counts as אונאה. That discussion continues on the next amud.

Opening lines

אֲבָל הָכָא

But here,

מִי יָדַע דְּמָחֵיל?

does he know, so that he could give it up?

וּשְׁמוּאֵל אָמַר:

And Shmuel said:

אֲנָא דַּאֲמַרִי אֲפִילּוּ לְרַבִּי מֵאִיר,

I said my view even according to Rabbi Meir,

The steps (12)

  1. Statementרב's reasoning: the other side never knowingly gave up his rights
  2. Statementשמואל holds the condition works, even according to רבי מאיר
  3. Statementרב ענן reports how שמואל explained his view: the wording decides
  4. ChallengeA ברייתא says the condition works — who taught it, according to רב?
  5. Resolutionאביי says רב follows רבי מאיר and שמואל follows רבי יהודה
  6. Resolutionרבא separates an ordinary case from a case where the price gap is stated openly
  7. ProofA ברייתא supports the difference between an ordinary case and an open case
  8. StatementSomeone doing business on trust must price everything the same way
  9. StatementThe seller may charge his expenses but not his own wages
  10. QuestionWhere did the seller get his full wages from?
  11. Responseרב פפא: the supplier adds four per hundred
  12. StatementNew משנה: how worn can a סלע be?