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Bava Metzia 64a

בבא מציעא ס״ד ע״א

Learn Bava Metzia 64a step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

Extra money in a payment that may be a mistake or a hidden repayment of theft, and ריבית in advance purchases of growing produce (gourds, milk, wool) and wine.

Overview

The amud opens by finishing a rule about extra money found in a payment. If the extra fits counting in tens or fives, we assume it was a mistake. רב אחא בריה דרבא asks רב אשי about a harsh giver who never gives gifts, and then about a stranger who never dealt with the receiver. Both times רב אשי answers that the extra may be stolen money being quietly returned. He backs this with a ברייתא: a thief who slips the stolen amount into a calculation has fulfilled his duty. Next, רב כהנא tells how he heard רב say "קרי קרי" (gourds). The students explain that paying a gardener now for bigger gourds later is ריבית unless the big gourds already exist, even though gourds grow by themselves. A ברייתא about selling a set amount of milk, wool and honey supports this. In another version רבא permits the sale, and he answers the ברייתא: milk and wool are new produce that replaces what was taken, while a gourd itself grows. Finally אביי permits paying in advance for wine when the buyer takes the price risk, and רב שרביא begins to challenge him on the next amud.

Opening lines

בְּעִישּׂוּרְיָיתָא וְחוּמְשְׁיָיתָא.

In tens and fives.

אֲמַר לֵיהּ רַב אַחָא בְּרֵיהּ דְּרָבָא לְרַב אָשֵׁי:

Rav Acha the son of Rava said to Rav Ashi:

וְאִי אִינִישׁ תַּקִּיפָא הוּא

And if he is a harsh person,

דְּלָא יָהֵיב מַתָּנָה, מַאי?

who doesn't give gifts, what then?

The steps (20)

  1. ResponseThe kind of amount people mistake: tens and fives
  2. QuestionWhat if the giver is a tough person who never gives gifts?
  3. ResponseMaybe he once stole and is quietly paying it back
  4. ProofA ברייתא: paying back stolen money inside a calculation counts
  5. QuestionWhat if the giver is a total stranger?
  6. ResponseMaybe someone else stole and asked the stranger to pay it back
  7. Statementרב כהנא hears רב say "קרי קרי" and doesn't understand
  8. Questionרב כהנא asks the students what רב meant
  9. ResponseThe students explain what רב said about gourds
  10. ChallengeIsn't this obvious?
  11. ResolutionGrowth that happens by itself still counts
  12. QuestionWhose view does רב follow?
  13. ProofSelling whatever the animals produce is allowed
  14. ProofSelling a set amount is forbidden
  15. ConclusionThings not yet in existence are forbidden, even if they grow by themselves
  16. StatementAnother version: רבא permits because the gourds grow by themselves
  17. ChallengeChallenge from the ברייתא about a set amount
  18. ResolutionMilk is replaced, but a gourd itself grows
  19. Statementאביי: paying in advance for a barrel of wine
  20. Challengeרב שרביא begins to respond to אביי