פירוש על בבא בתרא 6:9

המוכר פירות – undefined, and it (i.e., the Mishnah) does not explain whether for eating or for sowing.

Introduction Mishnah one deals with a person who sells grain to another person and the seeds from that grain do not sprout when planted.

אפילו זרע פשתן – for most purchase it for sowing. One can say: “I sold it for eating, and we don’t follow after the majority for money.

If a man sold grain to his fellow [and after it was sown] it did not sprout, even if it was flax-seed he is not liable. Rabban Shimon ben Gamaliel says: “If it was garden-seeds, which are not used for food, he is liable.” According to the anonymous opinion in section one, when a person sells grain to another person, if he does not specify that the grain is for planting, he is not liable if the grain doesn’t spout after planted. Even if he sold flax seed, which is usually sold for sprouting new flax plants, he is still not liable. Since he didn’t specify that he was selling grain to be planted, he can claim that he intended it to be used as food. According to Rabban Shimon ben Gamaliel if he sold him seeds that are always used for planting then he is liable if they do not sprout. Otherwise, he is not liable.

רבן שמעון בן גמליאל אומר וכו' – The Gemara (Talmud Bava Batra 93b) establishes all of our Mishnah according to Rabban Shimon ben Gamaliel but the Mishnah is deficient and should be read as follows: even if it were flax seed, he is not responsible. But surely, garden seeds which are not eaten, one is responsible for them, the words of Rabbi Shimon ben Gamaliel. For Rabban Shimon ben Gamaliel states that garden seeds which are not eaten, one is responsible for them, for it is an errant transaction for certainly he sold them for planting.

Questions for Further Thought:
• If a person sold seeds and they did not sprout is he liable to give the buyer back his money? How can one know the answer to this question from the mishnah?

המקבל פירות – that he bought grain from his fellow. The purchaser accepts for himself for every Seah a quarter-kab of refuse, for that is the manner of grain in this and not more.

Introduction Mishnah two deals with a person who sells something to another person and some of the sold item is found not to be good. In both of these mishnayoth the question asked is can the buyer demand his money back.

עשר מתליעות – [ten] eaten by worms for every one hundred, which is one out of ten.

If a man sold grain to his fellow, the buyer must agree to accept a quarter-kab of refuse with every seah. [If he bought] figs he must agree to accept ten that are eaten by worms for every one hundred. [If he bought] a cellar of wine, he must agree to accept ten jars gone sour in every one hundred. [If he bought] jars in Sharon, he must agree to accept ten which are not fully dry (and therefore are more easily in one hundred. When a person buys a large amount of a certain item he can expect that most of the items will be pure and in good working order, but he cannot expect that they will all be pure or in working order. If he buys grain and he finds that there is a certain amount of refuse in the grain, as long as the refuse is not more than a quarter-kab (about 350 grams) per seah (8.3 liters), he can’t demand his money back. This is about five per cent refuse. Similarly if he buys figs he can expect that some will be rotten; if he buys barrels of wine some will be sour and if he buys jars some will not be made properly. As long as the unacceptable part of the purchase is less than ten per cent, he cannot demand his money back. [Note: Sharon is on the coast of Israel, between Jaffa and Haifa.]

קוסמות – bad wine. If the cellar of large wine jugs accepts upon itself ten large jugs, and if the storeroom of pitchers accepts upon itself ten pitchers, and specifically when he stated: “I am selling you this cellar.” And the stiff mass of grist, oil and onions (i.e., a porridge), meaning to say, to place within the cooked dish but if he said: “[I am selling] you a cellar of wine for the stiff mass of grist, oil and onions,” he must give him wine which is all fine for wine of a stiff mass of grist, oil and onions must be fine and enduring and that we have doubts about it other than a little bit. But, if he said, “I am selling you undefined wine,” and no mention of the stiff mass of grist, oil and onions, he gives him intermediate-quality wine that is sold in the store. But if he said: “This cellar I am selling to you,” but he did not mention even if all of it had soured/fermented had arrived.

קנקנים בשרון – in the land of the plains.

מקבל עליו עשר פטסיאות – that are not boiled all the way through and they draw wine and drip it.

אינו חייב – [the seller in his responsibility] for at the time of the sale, it was wine. And specifically, when it became fermented/sour in the utensils of the purchaser, for if it were in the utensils of the seller [when it became fermented], he (i.e., the purchaser) could say to him (i.e., the seller): “ this is your wine and this your vessel,” and the seller is not able to say to him: “why did you leave it (i.e., the wine) in these vessels so long? You are the one who has taken a loss,” for this one could have said to him: but from the beginning, I informed you that it was not my intention to be supported by this wine, other than a little bit [at a time].”

If a man sold wine to his fellow and it turned sour he is not responsible. But if it was known [to the seller] that his wine would [soon] turn sour, this is a mistaken purchase.
If he had said to him, “I am selling you spiced wine”, he is responsible for its remaining [good] until Shavuoth.
[If he said] it is old wine, it must be from last year’s. [If he said] it is vintage old wine, it must be from the year before last.
Mishnah three discusses rules concerning the sale of wine.
This mishnah is concerned with the responsibility of a wine seller to ensure the quality and preservation of the wine which he sells. If he sold him wine and it turned sour, the seller is not in general responsible, since wine is known to turn sour. If, however, the seller knew that the wine would soon turn sour and he did not warn the buyer, the seller is responsible to return the buyer’s money.
If he sold him spiced wine, he is responsible that it not turn sour until Shavuoth. Spiced wine was known to last during the winter but turn to vinegar due to the heat of the summer. Therefore the wine need only last until Shavuoth, the holiday celebrated at the beginning of the summer.
Finally the mishnah clarifies two terms used in the selling of wine. “Old wine” must be from last year’s batch and “vintage old wine” must be from the year before last. If the seller promised one of these types of wine and he gave the buyer wine that was not as old, the buyer can demand his money back.

ואם ידוע שיינו מחמיץ – that it is not preserved and the other one says to him that he didn’t need wine, but rather for a stiff mass of grist, oil and onions and to let it stand to take from it only bit by bit.

הרי זה מקח טעות – he should have informed him that his wine does not endure.

מבוסם – it is its manner to endure until Shavuot. But from then onward, the heat spoils it.

וישן – if he sold him wine on the condition that it is old, he gives him from the year before – from the year that past that precedes this one.

בית חתנות לבנו – for it is way of a person to make a house for his son when he gets married to a woman.

If a man sold his fellow a place to build him a house, so, too, if a man contracted with his fellow to build him a bridal-house for his son, or a widow’s house for his daughter, he must build it four cubits by six cubits (80 inches x 120, according to Rabbi Akiva.
Rabbi Yishmael says: “This is a cattle-shed”. He who wants to build a cattle-shed, should build it four cubits by six. A small house six by eight (120 x 160). A large house eight by ten (160 x 200). An eating hall ten by ten (200 x 200).
The height should be [the sum] of half its length and half its breadth. Proof of the matter is the sanctuary. Rabban Shimon ben Gamaliel says: “Should all [houses] be according to the building of the Sanctuary?”
Mishnah four discusses rules concerning the building of houses.
According to Rabbi Akiva (section one) a normal sized house is four cubits by six cubits. Hence, if one bought a plot for a house the seller must provide the buyer with a plot large enough to build on it such a sized house. Furthermore, if one contracted another person to build a house for his newly wedded son or widowed daughter who is returning to live with her father after the death of her husband, the builder must build a house four by six cubits.
Rabbi Yishmael says that a house this size is the size of a cattle-herd. Rabbi Yishmael then lists the sizes of houses. If a person, for instance, contracted another to build him a large house, then he must build one eight by ten cubits.
With regards to the height, the mishnah says that it must be the sum of half the width and half the length. A large house would be nine cubits high. The proof is the sanctuary that stood in the Temple in Jerusalem. According to I Kings 6:2, 17, the Sanctuary was 40 cubits long, 20 wide and 30 high. Rabban Shimon ben Gamaliel disagrees with using the Sanctuary as a precedent for normal houses. Assumedly Rabban Shimon ben Gamaliel would hold that a house should be as high as normal houses are in the area in which the house is built.
Note how small the houses are that are described in the mishnah. In ancient Israel the house was probably only used for sleeping and maybe eating when the weather did not permit eating outside. People owned very few possessions and therefore didn’t have need for much storage. Furthermore, there courtyards served as workplaces to do things such as cook and clean. Therefore there “houses” were the size of small rooms in modern American homes. On your next visit to Israel, if you visit an archaeological site notice the size of the homes and tell your tour guide about this mishnah!

בית אלמנות לבתו – when her husband dies and she returns to the house of her father, but during the life of her husband, she is with her husband, for it is not the way for the a groom to live with his father-in-law.

רפת בקר הוא זה – he would need to make it much bigger.

בית קטן – the least of these houses is six [cubits] by eight [cubits]. But a person who sells his friend a place, undefined to make for himself a house, it must be six [cubits] by eight [cubits].

גדול – and if he specified to make for him a large house.

טרקלין – it is made for the seating of princes.

רומו כחצי ארכו וכחצי רחבו – it refers to all of them, meaning for a small house, its height is seven [cubits] and for a large house, nine [cubits] and for a reception room, ten [cubits].

ראיה לדבר היכל – that its length was forty [cubits] and its width twenty [cubits] and its height thirty [cubits], which are one-half its length and width (see First Kings, Chapter 6, verses 2 and 17 for a description of the First Temple and Tractate Middot, Chapter 4, Mishnayot 6-7 for a description of the Second Temple).

הכל כבנין היכל – There is one who say that what is taught in the Mishnah above that its height should be [the sum of] half of its length and half of its width (see also Tractate Eruvin, Chapter 6, Mishnah 6). The proof of the matter is the Sanctuary/Temple. Rabban Shimon ben Gamaliel taught it as Rabbi Shimon ben Gamaliel states: הכל כבנין היכל/Everything should be in accord with the building of the Sanctuary/Temple. But there is one who says that Rabban Shimon ben Gamaliel disputes with the first Tanna/teacher [of the Mishnah] and expresses astonishment in asking: “Should everything be in accordance with the Sanctuary/Temple?” The matter is not dependent upon anything but the custom of the country.

בשעה שבני אדם נכנסים – during the daytime and not to trouble him to get up at night.

Introduction The mishnah which we will learn today deals with a person who owns a cistern behind another person’s property and hence requires a passage through the other’s property to get to his cistern or garden. The mishnah provides rules to both the property owner and the cistern owner to ensure that the latter receives access without trespassing on the former.

זה עושה לו פותחת – so that the owner of the house will not steal from his cistern, and the owner of the house makes another lock on the same door that opens to the well, so that he cannot come to draw water without the knowledge of the owner. And, he will not ever come into the house of the owner of the house other than if the owner of the house is at home, and they established this because of the suspicions of his wife.

If he had a cistern behind his fellow’s house, he may go in and out only at the time when others are accustomed to go in and out. And he may not bring in his cattle and let them drink from his cistern, rather he must draw water and let them drink outside. He and the owner of the house should each make themselves a lock. This mishnah discusses the case where a person owns a cistern that exists behind another person’s property. In such a case the person is allowed to enter the other’s property in order to reach his cistern, but he must do so at the time when people customarily draw water from their cisterns. He is further restricted from bringing his cattle or other animals onto the other’s property. Rather he must draw the water and carry it outside. Finally, the mishnah demands that each of them make a lock. The cistern owner should make a lock for the cover of the cistern so that the house owner doesn’t steal any water. The house owner should make a lock on his door so that the cistern owner doesn’t enter when he is not allowed to.

מי שיש לו גינה – [and the owner] of the outer [garden] was reconciled to give to [the owner of] the inner garden a path in the middle of his field.

If he had a garden behind his fellow’s garden, he may go in and out only at the time when others are accustomed to go in and out. And he may not bring in merchants, or enter through it into another field. [The owner of] the outer garden may plant seeds on the path.
But, if with the other’s consent, he has been given a path at the side [of the other’s garden] he may go in and out when he wishes. And he may bring in merchants, but he may not enter through it into another field. And neither of them has the right to plant seeds on the path.
The mishnah which we will learn today is similar to yesterday’s mishnah, except it discusses access to a garden instead of a cistern.
This mishnah deals with a person who owns a garden behind another person’s garden. In other words in order to get to his garden he must go through the other person’s garden. The mishnah says that he is allowed to do so, but with certain limitations, similar to those we saw in the previous mishnah. First of all, he must go in and out at the time when people are accustomed to going to their gardens. Second, he may not bring merchants through his fellow’s property in order to buy his produce. Rather he must carry the produce out and the merchants can buy outside. Third, he may not use the path as a shortcut to other fields. Since the path was designated only to reach a certain field he is not allowed to use it to reach others. Finally, the owner of the outer garden is allowed to plant seeds on the path, even though this will make it more difficult for the owner of the inner garden to use the path. Since the path belongs to owner of the outer garden, he can do with it as he pleases.
If, however, the owner of the inner garden was given (possibly by the court) a path on the side of the outer garden, and the owner of the outer garden consented, then he may go there whenever he please. He may also bring in merchants to buy the produce, but he still may not use the path as a shortcut to other fields. Again, since the path was designated for reaching a certain field, he may not use it to reach others. Finally, since the path is intended only for walking, neither of them may plant on the it.

לא יכנס בתוכה – for since he causes great damage when he passes through the middle of his field, we testify that he was not reconciled with him other than for the needs of his garden alone, and that he should not enter for any other usage.

והחיצון זורע – for since that he is in the middle of his (i.e., the other’s) field, we testify that he did not pardon him completely and that he should not be able to sow seeds.

זה וזה אין רשאין לזרעה – because It is from the side; for walking through only he designated it.

מי שהיתה דרך [הרבי'] עוברת בתוך שדהו – the masses always presumed to be able to pass through there.

If a public path passed through a man’s field and he took it and gave them [another path] by the side of the field, what he has given he has given and what he has taken for himself does not become his.
A private path is four cubits. A public path is sixteen cubits. The king’s path has no prescribed measure. The path to a grave has no prescribed measure. The halting places, according to the judges of Tzippori, should be four kab’s space of ground.
Mishnah seven deals with laws concerning the building and the selling of private and public paths.
In the scenario presented in section one a person had a path that passed through the middle of his field and decided that he would take that path and use it as part of his field and he would create a different public path on the side of his field. According to the mishnah the seizure of the public path is invalid and the public may continue to use the path in the middle of the field. In addition, the path given on the side of the field becomes public property, such that the public may also use that path.
The remainder of the mishnah standardizes the sizes of paths for the purposes of selling and buying. A private path is four cubits (about 2 meters) wide and a public path is 16 cubits (8 meters) wide. Therefore if a person were to sell a private path he would be selling a four cubit path, and if he sold a public path he would have sold a 16 cubit path. The mishnah additionally informs us that a king’s procession passing through another person’s field is permitted to take as wide of a path as needed. So too, if a funeral procession passes, the procession may cut as wide of a path as needed. Finally, we learn that halting places, which were places on the path of the funeral procession, where the mourners would stop in the course of a funeral procession in order to eulogize the dead, were generally four kab big (25 meters by 17 meters). If a person sold a “halting place” to another person this is the size of the land sold.

ושלו לא הגיעו – but the many have two paths, for we hold that a narrow path marking the boundary that the masses presumed [to use], it is forbidden to ruin.

דרך היחיד – a person who sells to his fellow a path within his field needs to give him four cubits.

דרך המלך אין לו שעור – for the king breaches a fence in front of him to make for himself a path.

דרך הקבר – when they carry the dead person to his grave, there is no measure. It is an enactment of the Sages because of the dignity of the deceased, but they are not able to breach a fence like the way of the king, but those who accompany the dead can pass ove seeds and the don’t have to turn to the one side or the other.

בית ארבעה קבים – it is [thirty three cubits and two handbreadths] wide at the length of fifty cubits. And the funeral-halting place where they would make seven halts of the funeral escort on returning from burial for lamentation or consolation, corresponding to the seven mentions of הבל/vanity in at the beginning of the [Biblical] book of Ecclesiastes.

המקבל מחבירו – with contract-labor job that he should dig him a grave.

If a man sold to his fellow a place in which to make a tomb, so, too, if a man was commissioned by his fellow to make a tomb, he must make the inside of the vault four cubits by six, and open within it eight niches, three on this side, three on that side, and two opposite [the doorway]. The niches must be four cubits long, seven handbreadths high, and six handbreadths wide.
Rabbi Shimon says: “He must make the inside of the vault four cubits by eight, and open within it thirteen niches, four on this side, four on that side, three opposite [the doorway] and one to the right of the doorway and one to the left.
He must make a courtyard at the opening of the vault, six cubits by six, space enough for the bier and its bearers. And he may open within it two vaults, one on either side. Rabbi Shimon says: “Four, one on each of its sides.”
Rabban Shimon ben Gamaliel says: “All depends on the nature of the rock.”
Mishnah eight deals with the building of tombs.
In the times of the mishnah people were buried in tombs, which consisted of caves with niches carved out of the wall. Each tomb could hold a number of bodies, with one body put into each niche. If someone contracted to build a tomb he must build one 4 by 6 cubits (2 by 4 meters) and make eight niches, each of a specified length, width and height. According to Rabbi Shimon, the tomb must be 4 by 8 cubits and contain 13 niches. In addition, he must build a courtyard over the tomb, big enough for the bier, a stretcher which carried the body and the people holding the bier. According to the anonymous opinion in 3a, the courtyard can serve two tombs and according to Rabbi Shimon it can serve four.
Rabban Shimon ben Gamaliel, section 4, disagrees with Rabbi Shimon and the anonymous opinion in section 1. According to Rabban Shimon ben Gamaliel the size of the tomb is not set in absolute terms, but depends on the nature of the rock. If it is hard rock he is only obligated to make eight niches in a 4 by 6 tomb, but if it is soft rock, he is obligated to make thirteen niches in a 4 by 8 tomb.

ארבע אמות – in width and six [cubits] in length.

שלש מכאן ושלש מכאן – to the two sides of the length of the cave, and two opposite the entrance to the cave, and each grave is four cubits long, and its width is six handbreadths at a height of seven cubits, it is found that between each and every grave from the sides is a cubit-and-a-half, and between the two that are opposite them two cubits.

הכל לפי הסלע – if the place is hard, the recipient is not liable to dig other than six cubits length and four cubits width according to the words of the first Tanna/teacher [of the Mishnah], but if the place is soft and crushed earth, the recipient is obligated to dig [a grave] six [cubits] by eight [cubits] according to the words of Rabbi Shimon, but the Halakha is according to the first Tanna/teacher.