Bava Batra 95: מַרְתֵּף זֶה שֶׁל יַיִן

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The mishna teaches: When purchasing a cellar containing barrels of wine, one accepts upon himself that up to ten barrels of souring wine may be present in each hundred barrels purchased.

If he said: I am selling to you this particular cellar, without mentioning the word: Wine, then even if everything he gives him is wine that had turned into vinegar, it has come to the buyer and the sale is valid.

The mishna’s ruling that the buyer must accept that up to ten percent of the wine might be souring does not accord with any of the rulings of the baraita.

We explore the history of wine cellars and the chemistry of wine turning to vinegar, finally. Pro Flusser’s analysis of the parable of new wine in old flasks (Luke).

Bava Batra 94: מִי יֵימַר דְּלָאו כּוּלֵּיהּ עָרוֹבֵי עָרֵיב

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A certain amount of dirt should be expected when one purchases produce. The Gemara outlines reasonable amounts of dirt that might be found surrounding different types of produce. But perhaps the dirt is not there incidentally; perhaps the seller placed more than the expected amount of dirt to the container of produce assuming that the buyer would not notice the difference and thus pay more money for less produce.

On our daf, the Gemara brings Rav Huna’s teaching that a buyer can sift the grain that was purchased, and if he finds that there is more than a quarter kav of waste he can demand that the seller replace the entire amount that he had agreed to sell, not only the three-quarters that was to be expected.

We explore the work of Prof. Daniel Boyarin whose influence in the cultural history of rabbinic Judaism and its self definition is now coming under scrutiny.

Bava Batra 93: כֵּיוָן דְּמִיעְקָר עָקְרִי לְהוּ

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What level of responsibility does a supplier have if his failure to supply the item that was ordered leads to other losses or difficulties?

In all of these cases the Tanna Kamma rules that the craftsman who is paid for his work is held responsible to make up the loss.

A buyer is not reimbursed for his money or efforts to plant defective seeds. This is true only in a case where it is readily apparent that the seeds were defective.

We explore food contamination and the ugly facts regarding the kashrut industry.

Bava Batra 92: רוֹב הַנִּישָּׂאוֹת בְּתוּלוֹת יֵשׁ לָהֶן קוֹל

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The sixth chapter opens with a discussion of a sale in which the merchandise does not fulfill the requirements of the buyer. In some cases, a defect in the merchandise entirely nullifies the sale as a mistaken transaction.

In other cases, the defect is considered so common that the buyer should have specified if he did not want it. Similarly, if the merchandise is suitable for several purposes, it may be the responsibility of the buyer to specify the purpose for which he is purchasing the merchandise.

We explore the notion of warranties and Irwin Haut’s analysis of Unjust enrichment.

Bava Batra 91: וַאֲכַלְתֶּם מִן הַתְּבוּאָה יָשָׁן

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Our daf quotes a baraita that teaches that a person can only leave Israel if basic foods double in price. Rabbi Shimon bar Yoḥai teaches that this is only true if he cannot afford to purchase food at that price, but if he can afford the inflated prices, then he should not leave Israel. In a similar vein, Rabbi Shimon interpreted the story in Megillat Rut as teaching this lesson.

According to Rabbi Shimon, Elimelekh, Maḥlon and Khilyon – the father and two sons who left Israel in a time of famine – were among the leaders of their generation. Their punishment and death is attributed to their decision to abandon Israel during a difficult time.

We explore the book of Ruth and the genealogy of King David from Moabite roots.

Bava Batra 90: כְּגוֹן שַׁבְּתַי אַצָּר פֵּירוֹת

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Our daf ends with a discussion about people inflating prices deliberately, at the cost of those who are poor and vulnerable.

Some people hoard to sell to the poor when the price has risen substantially. The rabbis attempt to limit this sort of behaviour, suggesting that essential items should always be available at a reasonable price.

We explore the phenomenon of hoarding food especially in those subject to starvation during war and famine.

Bava Batra 89: נֶפֶשׁ מֹאזְנַיִם – תְּלוּיָה בָּאֲוִיר

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Our Gemara teaches, based on the passage in Devarim (25:14) that market inspectors are appointed to ensure the honesty of weights and measures, but no such inspectors are appointed for checking that prices are fair.

The Gemara relates that Shmuel asked Karna to teach publicly that market inspectors are appointed only to oversee measures, but no such inspectors are appointed to regulate prices.

We continue our exploration of weights and measures in antiquity.

Bava Batra 88: גֶּזֶל הֶדְיוֹט יוֹתֵר מִגֶּזֶל גָּבוֹהַּ

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The Torah requires honest weights and measures (see Vayikra 19:36). The Mishna on today’s daf teaches that business people who sell items like wine or oil are required to clean their scales on a regular basis in order to ensure that their customers are not being cheated. There are three different types of sellers, and each has a different schedule for washing his weights and scales:

The ba’al ha-bayit – the homeowner (in this context refers to the manufacturer) – the farmer who harvests his grain or produces wine from his grapes or oil from his olives, keeping enough for his own private needs and selling the rest to sitona’im.

The siton – the wholesaler who purchases in bulk from the ba’al ha-bayit and sells to the ḥenvani

The ḥenvani – the storekeeper, who purchases from the wholesaler and sells in small amounts out of his ḥanut, or store.

We explore the Injunction in Deut 25:15.

Bava Batra 87: לְהַטִּיף שָׁלֹשׁ טִיפִּין

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The Mishnah teaches that when a person purchases a barrel of wine (or oil), the seller must let three drops of the liquid drip into the buyer's vessel after he empties its contents. Any leftover liquid that collects at the bottom of the seller's vessel when the seller tilts his vessel belongs to the seller.

Rebbi Elazar asks why should this case be different from the case involving Terumah? The Mishnah in Terumos (11:8) says that when a person empties a barrel of Terumah and then tilts the barrel so that liquid collects on the bottom, the liquid that collects is also Terumah. According to the logic of the Mishnah here, in the case in Terumos the liquid left in the barrel should be Chulin!

We explore the three drops in mythology and the bird of Mother Earth Gaia and her impact on ecology.

Bava Batra 86: נְכָסִים שֶׁיֵּשׁ לָהֶן אַחְרָיוּת

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Our daf is a continuation of the Gemara as the rabbis discuss the implication of this Mishna. What happens if one is pulling donkey drivers or labourers who then pull with them the merchandise in question? Does one acquire through these actions, or perhaps when the merchandise is unloaded? But what if the merchandise is not unloaded after all?

The Gemara notes that in Masechet Kiddushin (26a), a Mishna teaches that guaranteed property, ie. land, is acquired through money, a bill, or possession. Movable property is acquired through pulling. A number of rabbis clarified this: movable property that is typically moved by lifted is also acquired by lifting - but not by pulling.

We explore the notion of land possession with regards to Eretz Yisrael both in ancient times and in the religious zionist movement.

Bava Batra 85: כִּלְיוֹ שֶׁל אָדָם קוֹנֶה לוֹ בְּכׇל מָקוֹם

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Ordinarily, the buyer can take possession of an object if it is placed in a vessel that belongs to him. Rav Sheshet asks Rav Huna whether something that is placed in an object belonging to the buyer will become his, if the buyer’s thing is resting on private property owned by the seller. In response, Rav Huna suggests looking at a parallel in the rules of gittin – divorces. Although the Torah appears to require that the get actually be placed in the wife’s hand (…ve-natan be-yadah – Devarim 24:1), the tradition that the Sages had was that that passage was not to be taken literally, rather that it had to be placed in her possession and control.

Our Mishnah describes produce acquisition which allows us to explore produce fraud, Big Agro and the influence of pesticides on public health.

Bava Batra 84: מָדַד וְלֹא מָשַׁךְ – לֹא קָנָה

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Performing a kinyan – an act that demonstrates ownership.

Even after a buyer and a seller have agreed to a price, and verbally agreed that they want the sale to take place, it is still necessary for the purchaser to perform a kinyan in order to take possession of the object. Generally speaking there are three symbolic acts that can serve this purpose, each of them under different circumstances.

hagbaha – lifting up the object to be purchased

meshikha – pulling an object

mesira – when the object is handed over from the owner to the buyer.

We explore methods and timing of acquisitions.

Bava Batra 83: אַרְבַּע מִדּוֹת בַּמּוֹכְרִין

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If the seller sold what was purported to be superior wheat and it was found to be inferior, the buyer can retract.

The seller might also want to void the sale if the price rises, but he does not have this option.

It is not a fraudulent sale, where both can retract. Rather, it is more akin to a case of price fraud or overcharge since the buyer did receive wheat, albeit of inferior quality.

We explore the issue of defective merchandise as well as fraudulent sales and advertising.

Bava Batra 82: כֹּל שֶׁרוֹאֶה פְּנֵי חַמָּה

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The mishna teaches: With regard to one who buys two trees in the field of another, if the trees grew, the owner of the field may not cut down their branches. The mishna further teaches: That which grows out of the trunk belongs to the owner of the tree, but that which grows out of the roots belongs to the owner of the ground.

Rabbi Yoḥanan said: With regard to anything that sees the face of the sun, i.e., which is visible and aboveground, this is considered to be growing out of the trunk. And with regard to that which does not see the face of the sun but is concealed in the earth, this is considered to be growing out of the roots.

We explore the metaphor of the sun(light) in Plato and in Chabad Chassidus.

Bava Batra 81: שְׁנֵי אִילָנוֹת

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MISHNA: With regard to one who buys two trees in the field of another, this one has not acquired any ground, but only the trees. Rabbi Meir says: He has acquired the groundunder them. The mishna states a halakha in accordance with the opinion of the first tanna: If the trees grew, the owner of the field may not cut down their branches, despite the fact that their shade damages his field.

Our focus on two trees allows an exploration of the original two trees in the Garden of Eden and a mediation on the mythical midrasnhic and hassidic renderings of meaning.

Bava Batra 80: וַיִּטְבֹּל אוֹתָהּ בְּיַעְרַת הַדְּבָשׁ

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§ The mishna teaches that one who buys honeycombs must leave two combs and one who buys olive trees for felling must leave two shoots. Rav Kahana says: As long as honeyremains in the beehive it never leaves its status as food, i.e., it is always considered fit for human consumption.

Rabbi Elazar said: What is the reasoning of Rabbi Eliezer? As it is written with regard to Jonathan:

“He put forth the end of the rod that was in his hand and dipped it in the honeycomb [ya’arat hadevash]” (I Samuel 14:27). Now, what does a forest [ya’ar] have to do with honey [devash]? Why is the honeycomb called a forest of honey [ya’arat hadevash]?

Rather, this serves to tell you: Just as with regard to a forest, one who picks fruit from a tree on Shabbat is liable to bring a sin-offering, so too, with regard to honey, one who removes honey from a beehive on Shabbat is liable to bring a sin-offering.

We explore the saga of Jonathan and King Saul as well as the significance of honey and honeycombs.

Bava Batra 79: כׇּל הַפּוֹרֵשׁ עַצְמוֹ מִדִּבְרֵי תוֹרָה

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Rav Yehuda says that Rav says: With regard to anyone who separates himself from matters of Torah, a fire consumes him, as it is stated:

“And I will set My face against them; out of the fire they come forth, and the fire shall devour them” (Ezekiel 15:7).

This verse kept me up as we all agonize over the impossible moral decisions to be made between rescue of hostages and anti terror policies.

Although we visited the notion of Tikkun Olam in Daf Ditty Bava Metzia 90 and Bava Basra 8,

We revisit these quandaries again today on the Yarhzeit of Rav Kook OBM.

Bava Batra 78: עַל־כֵּ֛ן יֹאמְר֥וּ הַמֹּשְׁלִ֖ים

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A digression and explanation of the parables of Bilaam are cited in our daf: from Numbers 21:27–28

“Therefore they that speak in parables [hamoshlim] say: Come to Heshbon! Let the city [ir] of Sihon be built and established! For a fire is gone out of Heshbon, a flame from the city of Sihon; it has devoured Ar of Moab, the lords of the high places of Arnon”

Rabbi Shmuel bar Nachmaini quotes Rabbi Yochanan, who explains the verses recorded as Bilam’s proclamation, which led Sichon the king of the Emorim to triumph over Moav, allegorically:

We explore the use of parables in this text and other oracles of Bilaam.

Bava Batra 77: מָכַר אֶת הַקָּרוֹן

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The Mishna on our daf continues with the discussion of what is included in the standard sale of certain objects.

Steinsaltz (OBM)

"When there is an agreement to sell a karon – a wagon or chariot – it does not ordinarily include the peradot – the animals that pull the wagon. Similarly, if the peradot are sold, it would not include the karon.

Although most of the commentaries explain the peradot as the animals that pull the wagon – most likely following the approach of Rabbeinu Gershom Meor HaGola , who explains that the animals most often used to pull wagon were mules (in Hebrew a mule is called a pered) “

We explore the ancient archeology of wagons…

Bava Batra 76: סְפִינָה נִקְנֵית בִּמְשִׁיכָה

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By (Torah) law, when one pays money, he acquires the object. The Sages, however, established that movable objects should be acquired by lifting, pulling into one's domain, or taking control over them.

If the ship is on public grounds, one cannot pull it into his domain; therefore, the seller can give control over it to the buyer. If the ship is in an area people can use as their own, the buyer should pull the ship into his domain.

We explore the two scholars who researched nautical issues in the Talmud, Daniel Sperber and Rafael Patai.