Mishnah
Mishnah

Bava Metzia 4

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1

הַזָּהָב קוֹנֶה אֶת הַכֶּסֶף, וְהַכֶּסֶף אֵינוֹ קוֹנֶה אֶת הַזָּהָב. הַנְּחֹשֶׁת קוֹנָה אֶת הַכֶּסֶף, וְהַכֶּסֶף אֵינוֹ קוֹנֶה אֶת הַנְּחשֶׁת. מָעוֹת הָרָעוֹת קוֹנוֹת אֶת הַיָּפוֹת, וְהַיָּפוֹת אֵינָן קוֹנוֹת אֶת הָרָעוֹת. אֲסִימוֹן קוֹנֶה אֶת הַמַּטְבֵּעַ, וְהַמַּטְבֵּעַ אֵינוֹ קוֹנֶה אֶת אֲסִימוֹן. מִטַּלְטְלִין קוֹנִים אֶת הַמַּטְבֵּעַ, וְהַמַּטְבֵּעַ אֵינוֹ קוֹנֶה אֶת הַמִּטַּלְטְלִין. זֶה הַכְּלָל, כָּל הַמִּטַּלְטְלִין קוֹנִין זֶה אֶת זֶה:

Gold acquires silver, and silver does not acquire gold. Copper acquires silver, and silver does not acquire copper. [Everything which is regarded as currency and passes readily in trade has the status of money and does not acquire its counterpart which is not regarded as currency and does not pass as readily in trade. The latter has the status of fruit, and pulling it is an act of confirmation. Therefore, when one pulls dinars of gold, the other acquires dinars of silver wherever they are, and neither of them can back out. For dinars of gold are fruits relative to dinars of silver. And silver does not acquire gold. For dinars of silver, which pass readily in trade, have the status of money relative to dinars of gold. So that if one of them pulled dinars of silver, the other does not acquire a dinar of gold until he pulls it, for money does not effect acquisition. And this is the reason, too, that copper acquires silver. For p'rutoth of copper, which are not so readily accounted currency, are fruits relative to dinars of silver, and silver does not acquire copper.] Bad [i.e., invalidated] money acquires good money, and good money does not acquire bad money. An asimon [(a metal piece) shaped as a coin, but, as yet, unstamped with a design] acquires a coin, and a coin does not acquire an asimon. Mitaltelin (movable objects) acquire a coin, but a coin does not acquire mitaltelin. This is the rule: All mitaltelin acquire each other. [If one were exchanged for the other, pulling the one effects acquisition of the other. "All" comes to include even (an exchange) of one pouch full of money for another.]

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2

כֵּיצַד. מָשַׁךְ הֵימֶנּוּ פֵרוֹת וְלֹא נָתַן לוֹ מָעוֹת, אֵינוֹ יָכוֹל לַחֲזֹר בּוֹ. נָתַן לוֹ מָעוֹת וְלֹא מָשַׁךְ הֵימֶנּוּ פֵרוֹת, יָכוֹל לַחֲזֹר בּוֹ. אֲבָל אָמְרוּ, מִי שֶׁפָּרַע מֵאַנְשֵׁי דוֹר הַמַּבּוּל וּמִדּוֹר הַפַּלָּגָה, הוּא עָתִיד לְהִפָּרַע מִמִּי שֶׁאֵינוֹ עוֹמֵד בְּדִבּוּרוֹ. רַבִּי שִׁמְעוֹן אוֹמֵר, כָּל שֶׁהַכֶּסֶף בְּיָדוֹ, יָדוֹ עַל הָעֶלְיוֹנָה:

How so? If he (the buyer) pulled fruits from him and did not give money, he cannot back out. If he gave him money and did not pull fruits from him, he [i.e., each one] can back out. [This is an ordinance of the sages. For by Torah law money effects acquisition, as we find in respect to hekdesh (consecrated property): "And he shall give the money and it shall be his." (see Leviticus 27:19). And why did they say that pulling effects acquisition, but not money? A decree, lest the buyer leave his purchase in the house of the seller a long time, and a fire break out in the vicinity of the seller, and he fail to exert himself to rescue it. Therefore, it was placed in his (the seller's domain), to back out of the sale if he wishes. So that if it rises in value, it does so in his domain, and he may back out of the sale and gain thereby. It being considered his, he will exert himself to rescue it.] But they said: "He who exacted punishment of the men of the generation of the flood and the generation of the Tower of Babel — He is destined to exact punishment of him who does not keep his word." [Even though he may back out, (if he does so) he is cursed in beth-din and told: "He who exacted punishment of the generation of the flood, and the generation of the Tower of Babel, and the men of Sodom and Amorah, and of the Egyptians, who drowned in the sea — He is destined to exact punishment of him who does not keep his word," after which he (the seller) returns his money.] R. Shimon says: Whoever holds the money has the upper hand. [R. Shimon refers here to the words of the first tanna, viz.: "If he gave him money and did not pull fruits from him, he (either the seller or the buyer) can back out." R. Shimon comes to tell us that sometimes the one who holds the money (that is, the seller, who received the money) has the upper hand, and he can confirm the sale if he wishes, without the buyer being able to back out. As in an instance where the buyer's upper story is rented to the seller, in which instance, if the seller wishes that the sale be confirmed, the buyer cannot back out, even if he did not pull the money. For why did the rabbis say that pulling effects acquisition? A decree, lest the seller say to the buyer: "Your grain was burned in the upper story." But here, where the upper story belongs to the buyer, if a fire breaks out, he himself will exert himself and retrieve it. The halachah is not in accordance with R. Shimon. But even if the buyer's upper story is rented to the seller, so long as he did not pull it, both buyer and seller can back out.]

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3

הָאוֹנָאָה, אַרְבָּעָה כֶסֶף מֵעֶשְׂרִים וְאַרְבָּעָה כֶסֶף לַסֶּלַע, שְׁתוּת לַמִּקָּח. עַד מָתַי מֻתָּר לְהַחֲזִיר. עַד כְּדֵי שֶׁיַּרְאֶה לְתַגָּר אוֹ לִקְרוֹבוֹ. הוֹרָה רַבִּי טַרְפוֹן בְּלוֹד, הָאוֹנָאָה שְׁמֹנָה כֶסֶף לַסֶּלַע, שְׁלִישׁ לַמִּקָּח, וְשָׂמְחוּ תַגָּרֵי לוֹד. אָמַר לָהֶם, כָּל הַיּוֹם מֻתָּר לְהַחֲזִיר. אָמְרוּ לוֹ, יַנִּיחַ לָנוּ רַבִּי טַרְפוֹן בִּמְקוֹמֵנוּ, וְחָזְרוּ לְדִבְרֵי חֲכָמִים:

Ona'ah ("Wronging") is four [ma'ah of] silver [of six ma'ah to a dinar, a sela being four dinars], of twenty-four [ma'ah] of silver to a sela, a sixth of the purchase. [If the purchase were for a sela, twenty-four ma'ah (of silver), ona'ah being one-sixth of the purchase, he must return the entire ona'ah, four (ma'ah of) silver.] Until when is he [who was wronged] permitted to retract? ["permitted" is stated to apprise us that even "He who exacted payment, etc." does not obtain if the purchase were retracted or the sixth returned.] Until he can show it [the purchase] to a merchant or to one of his kin. [And if he took longer, he (is regarded as having) waived his ona'ah. And the seller can always retract. For the purchase is not in his hand for him to show it to a merchant or to his kin if he were wronged. And if it were known that there had come to his hand a similar purchase, and he knew that he had erred, and he kept quiet and made no claim, he cannot go back and claim, having pardoned.] R. Tarfon taught in Lod: Ona'ah is eight (ma'ah of) silver to a sela, a third of the purchase — and the merchants of Lod rejoiced. [For they were expert in wares and they sold them dear. The halachah is not in accordance with R. Tarfon.] He said to them: "It is permitted to retract the entire day" — at which they said: "Let R. Tarfon leave us in our place" — and they reverted to the words of the sages.

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4

אֶחָד הַלּוֹקֵחַ וְאֶחָד הַמּוֹכֵר, יֵשׁ לָהֶן אוֹנָאָה. כְּשֵׁם שֶׁאוֹנָאָה לְהֶדְיוֹט, כָּךְ אוֹנָאָה לְתַגָּר. רַבִּי יְהוּדָה אוֹמֵר, אֵין אוֹנָאָה לְתַגָּר. מִי שֶׁהֻטַּל עָלָיו, יָדוֹ עַל הָעֶלְיוֹנָה, רָצָה, אוֹמֵר תֶּן לִי מְעוֹתַי, אוֹ תֶן לִי מַה שֶּׁאוֹנִיתַנִי:

Both the buyer and the seller can claim ona'ah. Just as a non-merchant can claim ona'ah, so can a merchant. R. Yehudah says: A merchant cannot claim ona'ah. [For he is expert (in wares) and it may be presumed that he waived any ona'ah. As to his having sold it for that price (in the first place), it is because (the opportunity for) another sale arose, and now he wishes to back out. The halachah is not in accordance with R. Yehudah.] Whoever claims ona'ah has the upper hand. If he [the seller] wishes, he can tell him: "Give me my money," or "Give me the amount of he ona'ah."

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5

כַּמָּה תְהֵא הַסֶּלַע חֲסֵרָה וְלֹא יְהֵא בָהּ אוֹנָאָה. רַבִּי מֵאִיר אוֹמֵר, אַרְבָּעָה אִסָּרִין, אִסָּר לְדִינָר. רַבִּי יְהוּדָה אוֹמֵר, אַרְבָּעָה פֻנְדְּיוֹנוֹת, פֻּנְדְּיוֹן לְדִינָר. רַבִּי שִׁמְעוֹן אוֹמֵר, שְׁמֹנָה פֻנְדְּיוֹנוֹת, שְׁנֵי פֻנְדְּיוֹנוֹת לְדִינָר:

How much may a sela lack and ona'ah not obtain? [A coin which is current, and always being ground down with usage — How much may it lack so that there be no ona'ah in one's using it?] R. Meir says: Four issarin [to a sela], which are one issar to a dinar, [one twenty-fourth of it: two ma'ah of silver being a dinar; one ma'ah, two pondyonim; a pondyon, two issarin. R. Yehudah says: Four pondyonoth, a pondyon to a dinar, [one-twelfth of it]. R. Shimon says: Eight pondyonoth, two pondyonoth to a dinar, [a sixth of it, as ona'ah in general. And this is the halachah.]

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6

עַד מָתַי מֻתָּר לְהַחֲזִיר, בַּכְּרַכִּים, עַד כְּדֵי שֶׁיַּרְאֶה לְשֻׁלְחָנִי, וּבַכְּפָרִים, עַד עַרְבֵי שַׁבָּתוֹת. אִם הָיָה מַכִּירָהּ, אֲפִלּוּ לְאַחַר שְׁנֵים עָשָׂר חֹדֶשׁ מְקַבְּלָהּ הֵימֶנּוּ, וְאֵין לוֹ עָלָיו אֶלָּא תַרְעֹמֶת. וְנוֹתְנָהּ לְמַעֲשֵׂר שֵׁנִי וְאֵינוֹ חוֹשֵׁשׁ, שֶׁאֵינוֹ אֶלָּא נֶפֶשׁ רָעָה:

Until when is it permitted to retract (for coin ona'ah)? In cities, [where there are money changers], until he shows it to the money changer; in villages, [where there are no money changers], until Sabbath eve, [when he comes to spend it for (provisions for) the Sabbath meal, when he will discover if it will be accepted in payment.] If he recognized it, even after twelve months. [This is what is meant: If he (the giver of the coin) were a chasid, and wished to go beyond the letter of the law — if he recognized it as the sela he gave him, he should accept it even after twelve months.] And he has only resentment against him. [This is what is meant: If he is not a chasid and does not wish to accept it from him, he (the receiver) has only resentment against him, the receiver having caused himself the loss by not having returned it in time.] And he gives it for (redemption of) second-tithe, without apprehension, for he is a mean person. [This refers to a coin rubbed out to the point of ona'ah. He gives it for (redemption of) second-tithe and need have no apprehension of asimon (see 4:1), second-tithe being redeemed only with a coin (stamped with a design), for it is called a "coin." For one who does not take it at its worth as a coin, but only as cast silver, is regarded as a mean person.]

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7

הָאוֹנָאָה אַרְבָּעָה כֶסֶף, וְהַטַּעֲנָה שְׁתֵּי כֶסֶף, וְהַהוֹדָאָה שָׁוֶה פְרוּטָה. חָמֵשׁ פְּרוּטוֹת הֵן. הַהוֹדָאָה שָׁוֶה פְרוּטָה, וְהָאִשָּׁה מִתְקַדֶּשֶׁת בְּשָׁוֶה פְרוּטָה, וְהַנֶּהֱנֶה בְשָׁוֶה פְרוּטָה מִן הַהֶקְדֵּשׁ מָעַל, וְהַמּוֹצֵא שָׁוֶה פְרוּטָה חַיָּב לְהַכְרִיז, וְהַגּוֹזֵל אֶת חֲבֵרוֹ שָׁוֶה פְרוּטָה וְנִשְׁבַּע לוֹ, יוֹלִיכֶנּוּ אַחֲרָיו אֲפִלּוּ לְמָדָי:

Ona'ah is four (ma'ah of) silver [for the purchase of a sela, twenty-four ma'ah of silver, whereby ona'ah is found to be a sixth, as stated above (4:3). It is restated here for the sake of (what follows, viz.:) "And the claim is two (ma'ah of) silver."] And the claim is two (ma'ah of) silver. [For there is no shvuath hadaynim (an oath imposed by the judges) on a claim less than two (ma'ah of) silver, where the one claims: "You owe me two ma'ah of silver," and the other admits to the worth of a p'rutah and denies the rest, or admits to the whole except for a p'rutah.] And the admission is the worth of a p'rutah [to render it partial admission so that he be liable for an oath]. And a woman may be betrothed with the worth of a p'rutah. And one who benefits the worth of a p'rutah of hekdesh (consecrated property) is guilty of abuse (of hekdesh). And if one finds the worth of a p'rutah, he must call it out, [but not less than that amount, it being written (Deuteronomy 22:3): "…which shall go lost from him" — to exclude a lost object which is not worth a p'rutah.] And if one steals the worth of a p'rutah from his neighbor, and swears to him, he must take it to him even to Media [if he confess that he swore falsely, in which instance he has no atonement until he returns it to the one he stole it from himself, and not to his messenger, it being written (Numbers 5:7): "and he shall give it to whom he owes it."]

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8

חֲמִשָּׁה חֻמְשִׁין הֵן. הָאוֹכֵל תְּרוּמָה, וּתְרוּמַת מַעֲשֵׂר, וּתְרוּמַת מַעֲשֵׂר שֶׁל דְּמַאי, וְהַחַלָּה, וְהַבִּכּוּרִים מוֹסִיף חֹמֶשׁ. וְהַפּוֹדֶה נֶטַע רְבָעִי וּמַעֲשֵׂר שֵׁנִי שֶׁלּוֹ, מוֹסִיף חֹמֶשׁ. הַפּוֹדֶה אֶת הֶקְדֵּשׁוֹ, מוֹסִיף חֹמֶשׁ. הַנֶּהֱנֶה בְשָׁוֶה פְרוּטָה מִן הַהֶקְדֵּשׁ, מוֹסִיף חֹמֶשׁ. וְהַגּוֹזֵל אֶת חֲבֵרוֹ שָׁוֶה פְרוּטָה וְנִשְׁבַּע לוֹ, מוֹסִיף חֹמֶשׁ:

There are five who add a fifth (to the payment of the principal): One who eats t'rumah, [a non-priest who eats t'rumah gedolah unwittingly], and t'rumath ma'aser [ma'aser from ma'aser], and t'rumath ma'aser of demai [One who buys produce from an am ha'aretz must separate t'rumath ma'aser, but not t'rumah gedolah, all being heedful to separate that], and challah, and bikkurim. (One who eats these) adds a fifth. [All of these five are reckoned as one, all being called "t'rumah," and all being subsumed in that category]. And one who redeems neta revai (the fruits of the fourth year) and his ma'aser sheni adds a fifth. [("neta revai":) This is derived: "holy" (Leviticus 19:24) — "holy" (Ibid. 27:30) from ma'aser sheni as adding a fifth. And these two, also, are reckoned as one, both being derived from one verse in respect to ma'aser. ("his ma'aser sheni":) [It is specifically from "his" ma'aser that he adds a fifth, it being written (Ibid. 31): "…a man of his ma'aser."] One who redeems his hekdesh adds a fifth. ["his hekdesh," and not that of others, it being written (Leviticus 27:19): "…he who consecrates it."] One who derives benefit the worth of a p'rutah [unwittingly] from hekdesh is liable for a me'ilah ("abuse") sacrifice and] adds a fifth. And one who steals a p'rutah's worth from his neighbor and swears (falsely) to him adds a fifth.

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9

אֵלּוּ דְבָרִים שֶׁאֵין לָהֶם אוֹנָאָה. הָעֲבָדִים, וְהַשְּׁטָרוֹת, וְהַקַּרְקָעוֹת, וְהַהֶקְדֵּשׁוֹת. אֵין לָהֶן לֹא תַשְׁלוּמֵי כֶפֶל וְלֹא תַשְׁלוּמֵי אַרְבָּעָה וַחֲמִשָּׁה, שׁוֹמֵר חִנָּם אֵינוֹ נִשְׁבָּע, וְנוֹשֵׂא שָׂכָר אֵינוֹ מְשַׁלֵּם. רַבִּי שִׁמְעוֹן אוֹמֵר, קָדָשִׁים שֶׁהוּא חַיָּב בְּאַחֲרָיוּתָן, יֵשׁ לָהֶן אוֹנָאָה, וְשֶׁאֵינוֹ חַיָּב בְּאַחֲרָיוּתָן, אֵין לָהֶן אוֹנָאָה. רַבִּי יְהוּדָה אוֹמֵר, אַף הַמּוֹכֵר סֵפֶר תּוֹרָה, בְּהֵמָה וּמַרְגָּלִית, אֵין לָהֶם אוֹנָאָה. אָמְרוּ לוֹ, לֹא אָמְרוּ אֶלָּא אֶת אֵלּוּ:

These are things in respect to which ona'ah does not obtain: bondsmen, bills, lands, and hekdeshoth (consecrated property), [it being written (Leviticus 25:14): "And if you sell a selling to your fellow, or acquire from the hand of your fellow" — to exclude lands which are not movable, and to exclude bondsmen, who are likened to land. Bills — it being written: "And if you sell a selling," something whose substance is bought and sold — to exclude bills, which serve only as corroboration. Hekdeshoth — (Ibid.): "You shall not wrong one man, his brother" — his brother, and not hekdesh.] Kefel payment does not obtain with them, it being written in respect to a watcher's claiming (falsely) that it (what had been entrusted with him) had been stolen (Exodus 22:8): "For every thing of violation" — general; "for an ox, for an ass, etc." — specific; "for every lost object" — a reversion to the general. We have here an instance of "general-specific-general," in which the ruling follows the nature of the specific, viz.: Just as the specific is explicitly something movable and of intrinsic monetary value, so all (for kefel liability) must be movable and of intrinsic monetary value: to exclude lands, which are not movable; to exclude bondsmen, which are likened to land; to exclude bills, which, although they are movable, are not of intrinsic monetary value. Hekdeshoth — Scripture states (Ibid.): "his neighbor," and not hekdesh.] And four and five payment does not obtain with them [if one stole and slaughtered or sold an ox or lamb of hekdesh, Scripture mandating "four and five" payment, and not three for a sheep and four for an ox. For since they are excluded from kefel, they are reduced by one, kefel in an instance of slaughtering or selling being included in the four and five payment.] An unpaid watcher does not swear (to absolve himself of payment for the above), and a hired watcher does not pay (for them if they were lost or stolen), [it being written (Exodus 22:9): "If a man give to his neighbor" — general; "an ass or an ox or a lamb" — specific; "or any beast to watch" — a reversion to the general. We have here an instance of "general-specific-general," in which the ruling follows the nature of the specific, viz.: Just as the specific is explicitly something movable, etc. Hekdeshoth — Scripture states (Ibid.): "his neighbor," and not hekdesh.] R. Shimon says: With kodshim (consecrated animals) for which one must make restoration, [as when he said: "It is upon me to bring a burnt-offering," and he separated it, and it sustained a blemish, and he sold it], ona'ah obtains. [For since if it died or it were stolen, he must make restoration, it is considered his and is subsumed in: "And you shall not wrong, one man, his brother."] And (with kodshim) for which one must not make restoration, [as when he said: "This is (a burnt-offering)"], ona'ah does not obtain. R. Yehudah says: Ona'ah also does not obtain with one who sells a Torah scroll, [it having no delimited value], a pearl, and a beast. [For one desires to match them. If he has a good plow-ox, he looks for one like it to team it with under the yoke. For if he teams a weak ox with a strong one, he harms the latter. And so with a fine pearl, (he desires) to set it with its mate in the gold of the yechidith (a type of ornament).] They said to him: They specified only these (the foregoing, as not subject to ona'ah). [The halachah is neither in accordance with R. Yehudah nor with R. Shimon.]

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10

כְּשֵׁם שֶׁאוֹנָאָה בְמִקָּח וּמִמְכָּר, כָּךְ אוֹנָאָה בִדְבָרִים. לֹא יֹאמַר לוֹ בְּכַמָּה חֵפֶץ זֶה, וְהוּא אֵינוֹ רוֹצֶה לִקַּח. אִם הָיָה בַעַל תְּשׁוּבָה, לֹא יֹאמַר לוֹ זְכֹר מַעֲשֶׂיךָ הָרִאשׁוֹנִים. אִם הוּא בֶן גֵּרִים, לֹא יֹאמַר לוֹ זְכֹר מַעֲשֵׂה אֲבוֹתֶיךָ, שֶׁנֶּאֱמַר (שמות כב) וְגֵר לֹא תוֹנֶה וְלֹא תִלְחָצֶנּוּ:

Just as there is ona'ah in buying and selling, so there is ona'ah in words, [it being written (Leviticus 25:17): "And you shall not wrong, one man his fellow, and you shall fear your G d." This speaks of verbal wronging, the good or evil intent of one's words not being manifest, but known only to the speaker.] One should not ask another the price of an article if he does not intend to buy it. If he were a penitent, he should not say to him: "Remember your past deeds." If he were the descendant of proselytes, he should not say to him: "Remember the deeds of your ancestors," as it is written (Exodus 22:20): "And a stranger you shall not wrong, and you shall not oppress him."

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11

אֵין מְעָרְבִין פֵּרוֹת בְּפֵרוֹת, אֲפִלּוּ חֲדָשִׁים בַּחֲדָשִׁים, וְאֵין צָרִיךְ לוֹמַר חֲדָשִׁים בִּישָׁנִים. בֶּאֱמֶת, בְּיַיִן הִתִּירוּ לְעָרֵב קָשֶׁה בְרַךְ, מִפְּנֵי שֶׁהוּא מַשְׁבִּיחוֹ. אֵין מְעָרְבִין שִׁמְרֵי יַיִן בְּיַיִן, אֲבָל נוֹתֵן לוֹ אֶת שְׁמָרָיו. מִי שֶׁנִּתְעָרֵב מַיִם בְּיֵינוֹ, לֹא יִמְכְּרֶנּוּ בַחֲנוּת אֶלָּא אִם כֵּן הוֹדִיעוֹ, וְלֹא לְתַגָּר אַף עַל פִּי שֶׁהוֹדִיעוֹ, שֶׁאֵינוֹ אֶלָּא לְרַמּוֹת בּוֹ. מְקוֹם שֶׁנָּהֲגוּ לְהַטִּיל מַיִם בַּיַּיִן, יַטִּילוּ:

Produce may not be intermixed with produce [If one says to his neighbor: "I am selling you the produce of this field," he may not intermix it with the produce of another field], even new with new, and it goes without saying, new with old. [If the agreement were that he sell him old, he may not intermix it with new, for the old is dry and more readily convertible to flour than the new.] In truth, with wine they permitted intermixing hard (i.e., sharp) with soft, for it [the hard] enhances it [the soft. Therefore, if the agreement were that he give him soft, he may intermix it with hard; but if the agreement were that he give him hard, he may not intermix it with soft.] Lees of wine [from one jug] may not be intermixed with wine [from a different jug.] But he may give him its lees [i.e., from the wine itself.] If one's wine became mixed with water, he may not sell it in a shop [p'rutah by p'rutah] unless he informed him [(each buyer) that it was mixed with water], and he may not sell it to a merchant [all at once] even if he informs him, for [he takes it] only to deceive therewith [and to sell it in a shop.] In a place where it was the custom to put water into wine, they may do so. [This, only between the wine pressing seasons. For since this was the custom, there is no misrepresentation here, all wines being of this nature.]

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12

הַתַּגָּר נוֹטֵל מֵחָמֵשׁ גְּרָנוֹת וְנוֹתֵן לְתוֹךְ מְגוּרָה אַחַת. מֵחָמֵשׁ גִּתּוֹת, וְנוֹתֵן לְתוֹךְ פִּטָּם אֶחָד. וּבִלְבַד שֶׁלֹּא יְהֵא מִתְכַּוֵּן לְעָרֵב. רַבִּי יְהוּדָה אוֹמֵר, לֹא יְחַלֵּק הַחֶנְוָנִי קְלָיוֹת וֶאֱגוֹזִין לַתִּינוֹקוֹת, מִפְּנֵי שֶׁהוּא מַרְגִּילָן לָבֹא אֶצְלוֹ. וַחֲכָמִים מַתִּירִין. וְלֹא יִפְחֹת אֶת הַשָּׁעַר. וַחֲכָמִים אוֹמְרִים, זָכוּר לָטוֹב. לֹא יָבֹר אֶת הַגְּרִיסִין, דִּבְרֵי אַבָּא שָׁאוּל. וַחֲכָמִים מַתִּירִין. וּמוֹדִים שֶׁלֹּא יָבֹר מֵעַל פִּי מְגוּרָה, שֶׁאֵינוֹ אֶלָּא כְגוֹנֵב אֶת הָעָיִן. אֵין מְפַרְכְּסִין לֹא אֶת הָאָדָם וְלֹא אֶת הַבְּהֵמָה וְלֹא אֶת הַכֵּלִים:

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.

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