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Tract Baba Metzia (Middle Gate), Part I: Chapter IV

The Babylonian Talmud, Book 6 (Rodkinson) ยท Part 2 of 2: passages 41 to 44 of 44

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"If water was mixed," etc. It happened that wine was brought to Rabha from a store; he mixed it, tasted, and it was not sweet, and he returned it to the store. Said Abayi to him: "Did not our Mishna state that he must not furnish it to a merchant, even if he was informed" (how, then, did you return the mixed wine to the merchant)? And he answered: "The wine which I mixed is easily distinguished (because I make it very weak), and lest one say that the store-keeper would add wine to it so that the water will not be recognized, then it would be prohibited to sell even plain water to a wine-merchant, lest he mix it with wine." "In the places where it is customary," etc. A Boraitha in addition to our Mishna states that he may mix a half, a third, or a quarter, as is customary in that city. Said Rabh: The Mishna, however, treats of the time of wine-pressing (but not otherwise). MISHNA X: R. Jehudah said: A store-keeper must not furnish little children with presents of nuts, etc., because he accustoms them to buy all their needs at his place. The sages, however, permit this. He also prohibits to lower the prices, for the above reason. The sages, however, say that people may be grateful for such an act. A store-keeper must not take off the shells of beans, in order to raise the price more than if they remained in the shells. The sages, however, permit (as the buyer usually knows the difference of the prices). They, however, agree that one must not do so with the top of the measure

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p. 144 only, for he deceives the eye (as the buyer may think that the contents of the whole measure is so). The embellishment of articles which are to be sold, e.g., slaves, animals, or vessels, is forbidden (further on, the meaning). GEMARA: What is the reason of the rabbis who permit to give presents to children? Because the store-keeper may say to his competitor: "I distribute nuts; you may do so with plums." "To lower the prices," etc. For what reason do the rabbis permit this? Because he influences the wholesaler to lower his prices also. "To take off the shells," etc. Who are the sages mentioned in the Mishna? R. Aha of the Boraitha, who permits to do so with visible things. "The embellishment of," etc. The rabbis taught: "One must not brush up an animal's hair to give it a delusive appearance of fatness, or make it drink water of bran-flour, which causes its hair to be so." 1 It is also not allowed to blow up entrails (for sale, to give them a delusive appearance), also not to soak meat in water (for the purpose of increasing the weight). Samuel has permitted to put silk fringes on a mantle (so as to make it appear more woolly). R. Jehudah did so with fine clothes, to gloss them by rubbing with a substance. Rabba permitted to press hemp garments, and Rabha to paint arrows, and R. Papa baskets (i.e., to give them a better appearance). But does not our Mishna state that embellishment for slaves and animals is not allowed, This presents no difficulty: new ones are to be embellished, but old ones are not allowed, as they may get a new appearance (and the buyer will be cheated).

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Concerning slaves, what embellishment can be done? As it happened, one old slave painted his hair and beard and came to Rabha that he should buy him. And Rabha answered him: "Let thy house be open for the poor" (i.e., I have the service of the house done by poor men). When he came to R. Papa b. Samuel, he bought him. One day he told him to bring a drink of water, and he washed away the paint and told him: "See, I am older than your father;" and R. Papa read to himself the following verse [Proverbs, xi. 8]: "The righteous is delivered out of distress, and another cometh in his stead." 116:1 It was already explained above that in ancient times the custom of buying and selling was that either the buyer or the seller would take a garment in his hand, and the other party would grasp the size of a span of it with his hand, which is known under the expression Sudarium--hence the question in the text. 116:2 The ceremony signifies that the holder of the garment gives it as a present to the other. 117:1 As it is explained above, the buyer makes a present of it to the seller, etc., which cannot apply to the seller. 127:1 He gives articles to his neighbor to sell, as he trusts him on his word. Rashi Tosephath, however maintains that it means, if one is furnishing his neighbor with money to buy articles for him. In accordance with Rashi's explanation, the law of cheating could not be applied.

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133:1 Leeser translates according to the sense, but the verse reads as we have translated. 136:1 The Hebrew expression for this word is "Gher," which has two meanings proselyte and stranger. 139:1 The term for cheating in Hebrew is Onaah, hence the analogy of Anach. 140:1 The expression in text is the oven of Akhnai, which means in Chaldaic snake. Thosphat, however, maintains that the man who made the oven was named Akhna. 141:1 There was a custom of falling upon the face at a certain prayer daily, except on half-holidays, as Chanukah, Purim, and New-moon. 142:1 An explanation to this will be found in Tract Hrajoth. 144:1 The term in the Boraitha is mesharbtin, and as to the question of its meaning, Zera in the name of R. Kahana gives the former, and some other the latter.

Source: Internet Sacred Text Archive, file jud/t06/me105.htm.

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