The Mishnah Mishnah Bava Metzia 4

English · Joshua Kulp

Gold acquires silver, but silver does not acquire gold. Copper acquires silver, but silver does not acquire copper. Bad coins acquire good coins but good coins do not acquire bad coins. An unminted coin acquires a minted coin, but a minted coin does not acquire an unminted coin. Movable property acquires coined money, but coined money does not acquire movable property. This is the general rule: movable property acquires other movable property.

2

English · Joshua Kulp

How is this so? If [the buyer] drew the produce away from [the seller] but did not give over the money, he cannot retract. If [the buyer] gave the money but did not draw the produce away from [the seller], he can retract. But they said: “He that exacted punishment from the generation of the flood and the generation of the dispersion (at the time of the Tower of Babel) will exact punishment from one who does not keep by his word. Rabbi Shimon says: “He that has the money has the upper hand.”

3

English · Joshua Kulp

Fraud is an overcharge of 4 pieces of silver out of 24 pieces of silver, which make up a sela, one-sixth of the purchase price. Until what time may [he that is defrauded] retract [the sale]? Until he [has time] to show [his purchase] to a merchant or to his kinsman. Rabbi Tarfon gave instruction in Lud: “Fraud is an overcharge of 8 pieces of silver to the seller, a third of the purchase price”, and the merchants of Lod celebrated. He said to them: “He may retract any time within a whole day.” They said to him: “Leave us as we were, Rabbi Tarfon”, and they reverted to the teaching of the Sages.

4

English · Joshua Kulp

Both the buyer and the seller are subject to the law of fraud. Just as the ordinary person is subject to the law of fraud so too is the merchant. Rabbi Judah said: “The law of fraud does not apply to the merchant.” He who has been subjected to [fraud] has the upper hand: if he wants he may say to him, “Give me back my money or give me back the amount you defrauded me.”

5

English · Joshua Kulp

How much may be missing from a sela and still not fall within the rule of fraud? Rabbi Meir says: “Four issars, one issar per dinar.” Rabbi Judah says: “Four pondions, one pondion per dinar.” Rabbi Shimon says: “Eight pondions, two pondions per dinar.”

6

English · Joshua Kulp

Until when may he [that is defrauded] return the coin? In large towns until he has had time to show it to a money-changer. In villages until the Sabbath eve. If he [that had given the coin] recognized it, even after twelve months he should accept it [in return], but [if he does not accept it the one who received it] only has a cause for complaint [against him]. And it is permitted to use it for redeeming the Second Tithe without concern, for [he who would not receive it] is but only a cheapskate.

7

English · Joshua Kulp

Fraud is four pieces of silver. A claim is [a minimum] of two pieces of silver. An admission is [a minimum] of that which is worth a perutah. There are five [rules involving] that which is worth a perutah: An admission is [a minimum] of that which is worth a perutah. A woman can be betrothed with that which is worth a perutah. Someone who benefits a perutah’s worth from that which belongs to the sanctuary has committed sacrilege. One who finds that which is worth a perutah must proclaim it [as a lost object]. One who steals that which is worth a perutah from his fellow and swears [falsely] to him [that he did not steal it], must go after him [to return it] even as far as Medea.

8

English · Joshua Kulp

There are five cases in which one must add a fifth:One who eats terumah, or the terumah taken from the tithe, or the terumah from a tithe taken from doubtfully tithed produce, or dough offering, or first fruits, must add a fifth [to the value of the principle when he makes restitution]. One that redeems [the fruit of] a fourth year plant, or his second tithe, must add a fifth. One that redeems that which he dedicated [to the Temple] must add a fifth. One that derives a perutah’s worth of benefit from that which belongs to the sanctuary must add a fifth [when he makes restitution]. One who steals that which is worth a perutah from his fellow must add a fifth [when he makes restitution].

9

English · Joshua Kulp

These are the things to which the laws of fraud through overcharging do not apply: The sale of slaves, debt documents, land and what belongs to the Temple. They are not subject to twofold restitution, nor fourfold or fivefold restitution. An unpaid guardian does not take an oath [on their account, that he did not damage them] nor does a paid guardian make compensation [if they are lost on his watch]. Rabbi Shimon says: “Holy Things for which he is responsible, are subject to the laws of fraud through overcharging, and Holy Things for which he is not responsible are not subject to the laws of fraud through overcharging.” Rabbi Judah says: “Also one who sells a Torah scroll, and an animal or a pearl they are not subject to the laws of fraud through overcharging.” They (the Sages) said to him: “They only said these.”

10

English · Joshua Kulp

Just as the laws of fraud apply to buying and selling, so to do they apply to the spoken word. One may not say, “How much is this object?, if he does not wish to buy it. If one had repented, another should not say to him, “Remember your earlier deeds”. If one descended from converts, another should not say to him, “Remember the deeds of your ancestors”. For it is said (Exodus 22:21), “And a stranger you shall not wrong or oppress.”

11

English · Joshua Kulp

Produce may not be mixed together with other produce, even new produce with new produce, and needless to say new with old. In truth they permitted sharp wine to be mixed with weak wine, since this improves [the taste]. Wine lees may not be mixed with wine, but [the seller] may give [the buyer] the lees that come from the same wine. One whose wine has been mixed with water may not sell it in a store unless he informs [the buyer] and not to a merchant even if he has informed him, since [the merchant would buy it] only to deceive with it. In a place where they are accustomed to put water in wine, they may do so.

12

English · Joshua Kulp

A merchant may buy from five threshing floors and put the produce into a storage chamber, or from five wine-presses and put into one jug, as long as he doesn’t intend to mix them [for purposes of fraud]. Rabbi Judah says: “A storekeeper should not distribute parched corn or nuts to children, for that accustoms them to come [only] to him.” But the Sages permit. And he may not lower the price. But the Sages says: “Let him be remembered for good [if he lowers the price].” He may not sift crushed beans, according to Abba Shaul. But the Sages permit. But they agree that he should not sift them [only] at the entry of the storage chamber, since he would be a deceiver of the eye. He should not beautify what he sells, whether humans, cattle or utensils.

Mishnah Bava Metzia 4

Find your chapter.

Make yourself comfortable.

Choose your edition.