A merchant may take (produce) from five threshing floors and place it into one storage bin. [For all know that it was not grown in his fields and that he bought it from many people; and they buy it from him with this understanding. (It was the custom of merchants to buy (produce) from field owners at threshing time and to place it in their bins)]. (He may take wine) from five wine vats and place it in one cask, so long as he does not contrive to mix them, [letting it out that he bought most of it from a "prime" source, and mixing it (with wine) from a different place, his neighbors thinking that it is all from the same source.] R. Yehudah says: "A shopkeeper should not hand out parched ears and nuts to children because he thereby accustoms them to come to him. The sages permit it. And he may not sell below the market price [because he thereby accustoms people to come to him and constricts his neighbor's livelihood.] The sages say: "May he be remembered for the good!" [For this brings the price down. And this is the halachah.] One may not sift (the chaff of) grisin (beans split in a mill, one into two. For their improved appearance enables him to raise the price beyond the worth of the chaff removal.] These are the words of Abba Shaul. And the sages permit it. [For the buyer can evaluate the cost of chaff removal by comparing them with others. And it is worth his while to pay more for these sifted ones to spare himself the trouble (of sifting). The halachah is in accordance with the sages.] And they concur that he should not do so (only) on the surface of the container [to enhance their appearance, without having sifted the chaff below], for he is only an "eye-stealer" [with this surface sifting.] One may "touch up" neither a man [a Canaanite bondsman awaiting sale], a beast, nor vessels.
Bartenura on Mishnah Bava Metzia
התגר נוטל מחמש גרנות – for everyone knows about him that they were not grown in their fields, and that he purchases from many people and with the presumption that they purchase from him [as well].
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English Explanation of Mishnah Bava Metzia
A merchant may buy from five threshing floors and put the produce into a storage chamber, or from five wine-presses and put into one jug, as long as he doesn’t intend to mix them [for purposes of fraud]. This section is a continuation of the previous mishnah. There we learned that a person may not mix produce that comes from different fields. Here we learn that someone who purchases from different fields may place the produce or wine in the same storage chambers, as long as he doesn’t intend to mix good and bad produce.
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Bartenura on Mishnah Bava Metzia
מגורה – storehouse where they collect grain. A granary, where they thresh the grain and it is the manner of the traveling merchant to purchase from house owners at the time of the granary and to bring them into his own storage facility.
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English Explanation of Mishnah Bava Metzia
Rabbi Judah says: “A storekeeper should not distribute parched corn or nuts to children, for that accustoms them to come [only] to him.” But the Sages permit. And he may not lower the price. But the Sages says: “Let him be remembered for good [if he lowers the price].” He may not sift crushed beans, according to Abba Shaul. But the Sages permit. (1) But they agree that he should not sift them [only] at the entry of the storage chamber, since he would be a deceiver of the eye. ( He should not beautify what he sells, whether humans, cattle or utensils. Rabbi Judah states that certain competitive business practices are forbidden. A shopkeeper may not give parched corn or nuts to children (they didn’t have candy back then) since that will make the kids want to come back and bring their parents along with them, thereby damaging the competing businesses. (I’m sure parents can identify with this mishnah. How many times have you been at the checkout counter of the store and your kids begs you to buy him/her the toy or candy blatantly displayed out front?). Rabbi Judah also forbids a seller to lower a price in order to compete with his fellow sellers. Both of these practices were permitted by the Sages. Abba Shaul forbids a seller to sift the crushed beans and thereby remove the waste. This would raise the price and again probably cause competition with the other sellers. Again, the Sages permit. They do, however, forbid a seller to sift the crushed beans that are on the outside of a container. The buyer would see sifted crushed beans and think the entire container is sifted. This is indeed a deceptive business practice, and not merely competitive. Similarly, it is forbidden to artificially improve something’s appearance in order to sell it. The modern example would be to put wall paper over walls of a house in order to hide the fact that they are in truth rotting away.
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Bartenura on Mishnah Bava Metzia
פיטס – a huge vessel.
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English Explanation of Mishnah Bava Metzia
Questions for Further Thought: • Mishnah twelve: What types of business practices are forbidden to the Sages and what types are permitted?
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Bartenura on Mishnah Bava Metzia
ובלבד שלא יתכוין לערבן – to publicize to purchase the majority from a praiseworthy place and to mix in it from another place, and his neighbors think that all the produce is from the same place.
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Bartenura on Mishnah Bava Metzia
ולא יפחות את השער – to sell it cheaply, because he is accustomed to come with him and overwhelms the food of his friends.
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Bartenura on Mishnah Bava Metzia
זכור לטוב – and as a result of this, those who store produce sell it cheaply. And this is the Halakha.
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Bartenura on Mishnah Bava Metzia
גריסין – beans that are ground in the millstone, one for two.
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Bartenura on Mishnah Bava Metzia
לא יבור – the worthless matter/refuse , because since hey look nice, he raises their price a great deal from the price of the refuse that he took from them.
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Bartenura on Mishnah Bava Metzia
וחכמים מתירין – for the purpose is able to see and to distinguish how much the refuse that he has sifted costs from those that others have. And it is good for him to raise their price of those that are sifted out of great effort. And the Halakha is according to the Sages.
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Bartenura on Mishnah Bava Metzia
שלא יבור מעל פי המגורה – upwards to show the nice ones, but the refuse that is within it, he did not sift.
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Bartenura on Mishnah Bava Metzia
לפי שאינו אלא כגונב את העין – with this sifting.
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Bartenura on Mishnah Bava Metzia
מפרכסין – they repair them and make them more beautiful.
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Bartenura on Mishnah Bava Metzia
לא את הדאם – a Canaanite slave who stands to be sold.
