Halachos of the Daf - Bava Basra 100

Public Paths

A path that is used by the public is considered public property. Therefore, if a path is used by the public passes through a private field, the owner may not take away the path. Such a scenario can happen if this path was always used, even before this owner came along and bought this field.

Furthermore, if the owner of the field decided to provide a path for the public on the edge of his field instead of the one running through the middle of his field, the public may use both the old and new paths. Even though this seems unfair to the owner, for after all, he has provided an alternate means to walk across his field, nevertheless, they may use both.

The reason Chazal instituted such a law is because they were afraid that the owner would provide a circuitous route, which would inconvenience the public. Another reason is that even if the new path is straight, it will still inevitably inconvenience some people. Since people from both sides of the field use this path, if it’s moved to the right, it will trouble those who come from the left, and vice versa.

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Halachos of the Daf - Bava Basra 90

Basic Staples

Basic staples are food items which are needed to live, they include wine, flour and oil. There are special laws in regard to commerce when dealing with basic staples.

1) One may not sell these items above the common price. Items which are added to the basic staples (i.e. spices), the limit one may profit from them, is double the cost. There is no limit that one may charge, for all other items.

2) When one buys these items, he may not stockpile them. One can do so however, if he grew them himself. In times of famine, one may only store away enough of these items to last him a year.

3) One may not export such items from Eretz Yisroel or from a place which is mostly populated by Jews.

4) In Eretz Yisroel one may not make a business out of selling these items, rather everyone brings his little bit of produce to the marketplace and sells them. This does not apply in a place where it is mostly populated by Jews.

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Halachos of the Daf - Bava Basra 89

Accurate Weights

It is a Torah prohibition to weigh something with an inaccurate measure, weight or scale. Furthermore, one may not keep such items in his home. However if everyone in his community uses scales weights or measures which are engraved with a certain symbol, then he may keep the inaccurate ones in his home. This is because no one will buy from him if he uses those weights.

One may not store his weights in salt. Some Rishonim understand the reason to be, because the salt would make the weights heavier, and the buyer might use these weights to his advantage. Since if for example the weight weighs a pound, and after it was kept in salt it weighs a little more, the buyer stands to gain more merchandise for his money. Other Rishonim explain that the reason weights may not be stored in salt is because the weights will decrease in volume, and the seller might use it to his advantage.

One should cover the weights which are used to weigh gold and silver, for even the slightest nick can cause a large discrepancy in price.

A scale must be perfectly balanced. The proper size of the scale is essential to achieve accurate results.

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Halachos of the Daf - Bava Basra 87

A Minor as a Shliach

A non-Jew cannot be made a shliach (agent), for any type of shlichus. Nor can a Jew be made a shliach for a non-Jew for any type of shlichus.

All Jewish men and women, and non-Jewish slaves and maidservants, may be used as a shliach. A deaf-mute, a deranged person and a minor (boy younger than 13, girl younger than 12), may not be made a shliach. Therefore if the father sent a minor to a store with a dollar and a flask in order to buy oil which costs 50 cents, and then the storekeeper measured for the child 50 cents worth of oil, and gave him 50 cents change, and on the way home, the child lost the flask of oil and the change, the storekeeper is liable to pay the father for the flask, oil and the 50 cents change.

The reason being, since the father only sent the child to the store to let the storekeeper know that he needs 50 cents worth of oil, and the father expected the storekeeper to send it with someone else. According to the Rema the storekeeper is liable to pay for the flask only if the storekeeper took the flask from the child and measured the oil. However if the storekeeper merely poured the oil into the flask which never left the child’s hands, then he does not have to pay for the flask.

The S”ma and others disagree. They maintain that the storekeeper is never liable for the flask, since by giving the flask to the child, the father essentially was mafkir it, and the storekeeper is not required to guard it. Rather the storekeeper is liable for the dollar (50 cents change, and 50 cents worth of oil), since he should have either sent back the dollars worth (the oil and change) with someone else, or waited until he met the father and then given him back the money. If the storekeeper gave back the dollar to the child, then he is not liable at all.

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Halachos of the Daf - Bava Basra 86

Selling with a Measurement

In an instance where the seller is selling items that require measurement (i.e. fruits), using his own utensils, in a simta (alleyway), or even in the buyers property, the halachah will depend on how the sale was phrased.

If the seller said, “I’m selling you thirty pounds for thirty dollars,” then the buyer may retract, as long as the seller did not yet measure the entire thirty pounds. The reason is because we consider the expression “thirty pounds for thirty dollars” to be one big sale. Therefore since the seller did not finish measuring, the buyer had not yet bought anything, and may retract.

According to the Mechaber, if the fruits were being measured with the buyers utensils, then we say that whatever was already measured, the buyer may not retract, since the sale is taking place in the buyers property, and his utensils are being used, we understand that the buyer agrees to immediately acquire whatever was measured. However the Rema maintains that even if the buyer’s utensils were used, since the expression “thirty pounds for thirty dollars” was used, the buyer wants to get the full thirty pounds for his thirty dollars. Therefore he may retract until the entire thirty pounds was measured.

If the seller said, “I’m selling you thirty pounds at a dollar a pound” (or if he said, “I’m selling you at a dollar a pound, thirty pounds”), then we consider each pound to be a separate sale. In a case where the buyer’s utensils were used and the sale is taking place in the buyers property (or even in a simta), then as soon as they decided on the price, even before measuring, the buyer has acquired the fruits and may not retract. The Rema disagrees and holds that even in such an instance, if the buyer did not yet pay, then he may not retract.

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Halachos of the Daf

Paying for One Item
and Receiving Another

In an instance where a buyer paid for an item of a certain quality, and finds that he received either an item of a different quality, or a different type of that item, the halachah will depend in the different scenarios.

1) The buyer paid for a superior quality and received an inferior quality: This is not a mekach ta’us (a mistaken or fraudulent sale), since the item which the buyer paid for, is in fact the one he received. Rather the quality which was received is not worth the amount paid. Therefore only the buyer has a right to return the item and get a full refund. This is true even in a case where the price had risen, and the inferior is worth the same amount as he had paid; since the buyer might have specifically wanted the superior.

2) The buyer paid for an inferior and received a superior: Only the seller has a right to void the sale.

3) The buyer paid for and received the same quality: Neither the buyer nor the seller may retract. Even if the item is not the best or worst quality (i.e. the buyer can’t claim that when he paid for the superior he thought he is getting the very best).

4) The buyer paid for one type and received a different type: For example the buyer paid for red wheat and received white wheat. Since both types of wheat are commonly bought, the buyer and the seller may claim that they specifically wanted to buy/ sell this specific type, and they may both retract.

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Halachos of the Daf - Bava Basra 78

(Choshen Mishpat Siman 220)

When selling a donkey, the following items are included even if the donkey is not wearing it at the time of the sale:
1) Blanket – the donkey wears it the whole day to keep warm.
2) Saddle.

Not included in the sale, even if the donkey is wearing it at the time of sale:
1) Sack – used to store cargo.
2) Sidesaddle – used by women when riding donkeys.

In an instance where the seller specified that “I’m selling the donkey and everything that is on it”, then even the sack and sidesaddle are included in the sale.

The reason why the blanket and saddle are included, and not the sack or sidesaddle, is because only the items that are used to ride the donkey are included in the sale, and not the cargo. Even though a woman rides on the sidesaddle, it is still considered cargo, since the women sit in a position similar to cargo.

As mentioned yesterday, the amount paid is not an indication if other items are included in the sale.

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