Bava Metzia 74a

בבא מציעא ע״ד ע״א

Learn Bava Metzia 74a step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

Agents buying for partners, the merchant's marker, and setting a price on goods that are not yet finished

Overview

The amud opens with the last words of a distinction from the previous daf: in the wine case, the purchase was not in the agent's control. רבא then rules that when three people give money to one agent, whatever he buys belongs to all three, unless each person's money was sealed separately. Next, רבא rules that a סיטומתא (a merchant's marker) acquires. רב חביבא says this is a real acquisition, and the רבנן say it only brings the curse of מי שפרע on whoever backs out. The הלכה follows the רבנן, except where local custom treats the marker as a full acquisition. The גמרא then explains the משנה about setting a price early. רב says up to two missing steps of work are allowed, while שמואל says anything people can do is allowed, but anything that depends on Heaven is not. Each case in the משנה (grain, grapes, olives, clay, plaster) is shown to fit both views, often because the buyer does the last step. A ברייתא on potter's clay, and אמימר's practice in a town where earth was scarce, show that setting a price early depends on the goods being available. The amud ends as רבא begins to explain the משנה about manure.

Opening lines

The steps (36)

1. ResolutionHere the purchase was not in the agent's control
2. StatementThree people give money to one agent
3. StatementThe rule applies only when the money was not sealed separately
4. StatementA merchant's marker acquires
5. QuestionWhat kind of acquisition is this?
6. Responseרב חביבא: a real acquisition
7. ResponseThe רבנן: only the curse of מי שפרע
8. ConclusionFinal הלכה on the marker, and the power of local custom
9. Statementרב: two missing steps are fine, three are not
10. Statementשמואל: it depends on who does the missing work
11. ChallengeChallenge to רב from the stack of grain in the משנה
12. ResolutionAnswer for רב: the grain was already dried
13. ChallengeChallenge to שמואל: winnowing depends on Heaven
14. ResolutionAnswer for שמואל: winnowing can be done with sieves
15. ChallengeThe grape basket seems to need four more steps
16. ResolutionThe grapes were already warmed in a pile
17. ChallengeStill three steps left
18. ResolutionIn that place the buyer draws off the wine
19. ChallengeThe olive vat seems to need four more steps
20. Resolutionרבי חייא reads it as a warmed pile of olives
21. ChallengeThree olive steps still remain
22. ResolutionIn that place the buyer draws off the oil
23. ChallengeThe potter's clay seems to need five more steps
24. ResolutionThe clay was already shaped and dried
25. ChallengeThree clay steps still remain
26. ResolutionIn that place the buyer takes the pots out
27. ChallengePlaster in the kiln still needs three steps
28. ResolutionThe buyer does the grinding
29. ChallengeWhy does שמואל need the kiln detail?
30. ResolutionRead it as 'ready to be put in the kiln'
31. Statementרבי מאיר: wait until the clay lumps are formed
32. Statementרבי יוסי: black earth is common
33. Statementאמימר paid only once the earth was brought in
34. Challengeאמימר's practice fits neither opinion
35. ResolutionIn אמימר's town earth was scarce
36. ChallengeThe חכמים on manure seem to repeat the first view