Related%20passage for Bava Metzia 5:7
אֵין פּוֹסְקִין עַל הַפֵּרוֹת עַד שֶׁיֵּצֵא הַשָּׁעַר. (יָצָא הַשַּׁעַר, פּוֹסְקִין, וְאַף עַל פִּי שֶׁאֵין לָזֶה יֵשׁ לָזֶה). הָיָה הוּא תְחִלָּה לַקּוֹצְרִים, פּוֹסֵק עִמּוֹ עַל הַגָּדִישׁ, וְעַל הֶעָבִיט שֶׁל עֲנָבִים, וְעַל הַמַּעֲטָן שֶׁל זֵיתִים, וְעַל הַבֵּיצִים שֶׁל יוֹצֵר, וְעַל הַסִּיד מִשֶּׁשִּׁקְּעוֹ בַכִּבְשָׁן. וּפוֹסֵק עִמּוֹ עַל הַזֶּבֶל כָּל יְמוֹת הַשָּׁנָה. רַבִּי יוֹסֵי אוֹמֵר, אֵין פּוֹסְקִין עַל הַזֶּבֶל אֶלָּא אִם כֵּן הָיְתָה לּוֹ זֶבֶל בָּאַשְׁפָּה. וַחֲכָמִים מַתִּירִין. וּפוֹסֵק עִמּוֹ כְשַׁעַר הַגָּבוֹהַּ. רַבִּי יְהוּדָה אוֹמֵר, אַף עַל פִּי שֶׁלֹּא פָסַק עִמּוֹ כְשַׁעַר הַגָּבוֹהַּ, יָכוֹל לוֹמַר תֶּן לִי כָזֶה, אוֹ תֶּן לִי מְעוֹתָי:
Produce is not transacted for until the market price is announced. If the market price were announced, they may transact (on that basis). And even though he (the seller) may not have (the produce), another has, (and the seller can buy it now at that price). If he (the buyer) were the first to harvest [and he had a grain stack, and the market price had not yet been announced], he may transact with him [at whatever price he wishes] for the stack. [For since he has produce, there is no ribith here, the stack being acquired by him from now (i.e., the time of the transaction). And even though he did not pull it (to effect acquisition), since even if he did not have produce, it would be only avak ribith by rabbinic ordinance, when he does have it they did not decree (against it)] (He may transact with him) for the avit of grapes and for the ma'atan of olives. [An avit is a large vessel where grapes are stored before being trodden, being warmed there for the better exuding of their wine. The (comparable) vessel for olives is called a "ma'atan."], and for the "eggs" of the potter [If he had collected earth and shaped it into "eggs" for the making of pots, he may transact with him for the pots at whichever price he wishes, though the market price had not yet been announced], and [he may transact with him] for lime [at whichever price he wishes] once they [the wood and the stones] have been steeped in the kiln [to be burned into lime]. And he may transact with him for (fertilizer) foliage all the days of the year. R. Yossi says: Foliage may not be contracted for unless he had foliage in his refuse heap. The sages permit it. [The difference between the sages and the first tanna: The first tanna says: "All the days of the year." R. Yossi differs, saying: Whether it be the rainy season or the dry season, the seller must have foliage in his heap. And the sages permit it only in the dry season. For even though he may have none, others do have, all having foliage (in the dry season), it already having turned to mould and chaff in the rainy season — but they do not permit it in the rainy season. The halachah is in accordance with the sages.] And he contracts with him according to the "high" market price [i.e., "If the market price falls below the present one, give it to me at the cheaper price." ("high":) i.e., "cheap." He gives him "high," abundant produce at low cost.] R. Yehudah says: even if he did not contract with him according to the "high" market price, he may tell him: "Give it to me at this ("high") price, or return my money." [For he did not pull (to effect acquisition), and he can back out. And even "He who exacted payment, etc." does not obtain here. For he had not given his money to acquire the produce then (i.e., at the time he paid), but afterwards; and in the interim the market price had changed. It is assumed that one contracts for the lowest market price. The halachah is not in accordance with R. Yehudah.]
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