Bava Batra 88b — the Talmud in English

And he is obligated to tip it for him

a handbreadth ,

meaning that the pan of the scales on which the merchandise is weighed should weigh slightly more than the weights, and should descend and be lower by a handbreadth than the pan of the weights .

If he was weighing for him exactly,

precisely, so that he made the two pans of the scales equal, for example, in a place where the custom was not to tip them,

he gives him

after the weighing

the additions,

his tippings, that is, an addition to the measure .

With liquid things he adds for him an addition of

one to ten with liquid,

that is, one-tenth of a litra for every ten litrot, which is one to one hundred. And with dry things he adds

and one to twenty with dry [produce].

One-twentieth of a litra for every twenty litrot, which is one to four hundred . In the Gemara it will be explained from where this law is learned.

In a place where the custom is to measure with a small measure,

with a measure designated for weighing small quantities, such as a measure of a kav,

he may not measure with a large one,

with a large measure, such as a measure of a se’a, for there is a loss to the buyer here: he gives him one tipping for the entire se’a, as with a kav, whereas if he had measured for him with kavs, he would have received one tipping for each and every kav.

And likewise, in a place where the custom is to measure

with a large one, he may not measure with a small one,

for there is a loss to the seller, who must give a tipping for each and every weighing.

In a place where the custom is

to level

the mouth of the measure, that is, to remove the heap from above it,

he may not heap it,

even if the buyer adds money for him in exchange for the heap.

And likewise, in a place where the custom is

to heap it, he may not level it,

even if he reduces money for him.

Rather, he measures according to the custom of the country, because with every such change there is concern lest they come to fraud and overreaching.

Gemara:

From where are these matters?

From where do we learn that the seller must tip the pan of the scales and give the buyer slightly more than the weight?

Reish Lakish said: For the verse says [Deuteronomy 25:15]:

“Deuteronomy 25:15”

“A perfect and just stone,” “and just” is superfluous and is expounded, because even though he measured for the buyer a complete eifa, nevertheless

the word “honest” is superfluous and is therefore expounded: Even if he measured for the buyer a full eifah, nevertheless,

be just from your own and give him,

that is, the tipping of the pan of the scales; and also with a measure, measure for him generously, so that he receives more than the measure.

And we challenge this: Is the matter in which the seller tips the pan of the scales for the benefit of the buyer a Torah law?

If so, say the latter clause,

the law at the end of the Mishna:

If he was weighing for him exactly

without tipping the pan of the scales for the benefit of the buyer—

he gives him

the seller

the additions,

that is, an addition to the measure.

And if the tipping

that he tips the pan of the scales for the benefit of the buyer is a

Torah law, how does he give him,

how does the seller weigh for him an exact weighing of

exactly?

Rather,

it must be said that by Torah law he must add to the buyer beyond the measure, but he is not obligated to add for him after the measuring; rather, he has permission to add for him at the time of the weighing. And thus one should explain the words of the Mishna:

The first clause,

the Mishna at its beginning speaks

of a place where the custom is,

to tip the pan of the scales at the time of weighing, and the Mishna says that if he adds to the buyer beyond the measure at the time of the weighing, the tipping must be by the measure of a handbreadth: he must add to the buyer in the weighing until the pan tilts and is lower than the pan of the weights by a handbreadth.

And if the statement of Reish Lakish—

was stated regarding the latter clause,

as we learned in it:

If he was weighing for him exactly

with an exact weight—

he gives him

the seller

the additions,

an addition to the measure.

And we challenge:

From where are these matters?

That the seller must add to the buyer beyond the measure.

And concerning this

Reish Lakish said, for the verse says: “And just,”

and it is superfluous and is expounded, because even though he measured for the buyer a complete eifa, nevertheless

be just from your own and give him,

beyond the measure.

And how much

is the measure of

the additions

that he adds for him beyond the measure?

Rabbi Abba bar Mamel said in the name of Rav: One to ten with liquid, for ten litrin.

One-tenth of a litra when weighing ten litrin, that is, one to one hundred. [And this is the measure that tips the pan of the scales by the measure of a handbreadth, and the additions that he gives are in place of the tipping of the pan of the scales].

We learned in the Mishna that the additions are:

one to ten with liquid, and one to twenty with dry [produce], etc.

They raised a difficulty before them: What is he saying?

The tannay—is the intention of the tannay

one to ten with liquid, for ten of liquid, and one to twenty with dry [produce], for twenty of dry [produce],

that is, a measure of one to four hundred with dry [produce],

or perhaps one to ten for ten of liquid and for twenty of dry [produce],

so that “one to ten” is stated both regarding liquid and regarding dry [produce], and the measure with dry [produce] is one to two hundred ?

This question was not resolved, and therefore

teyku,

let it stand in its place.

Rabbi Levi said: Severe is the punishment of

those who defraud in

measures, more than the punishment of

those who transgress the prohibitions of

forbidden sexual relations, for concerning this

the one who stumbles in forbidden sexual relations

it is stated regarding them [Leviticus 18:26]:

“Leviticus 18:26”

“el”

“all the abominations of el”;

and concerning this

the one who defrauds in measures

it is stated regarding them [Deuteronomy 25:16]:

“Deuteronomy 25:16”

“eleh”

“for an abomination of the Lord is everyone who does these things, everyone who acts unjustly.” Therefore Scripture added the letter heh in them, to increase and magnify the severity of the punishment.

And what

and from where

is it indicated that this “el”

the expression

is severe?

For it is written: [Ezekiel 17:13]:

“Ezekiel 17:13”

“And he took the mighty ones of the land,”

that is, the strong and powerful ones.

We learn from here that “the abomination of el,” which is stated regarding forbidden sexual relations, means a severe abomination. If so, “the abomination of eleh,” which is stated concerning fraud in measures, in which a heh was added, is a more severe abomination.

And we challenge: But

concerning forbidden sexual relations also it is written: “eleh”

“Everyone who does any of all these abominations shall be cut off” [Leviticus 18:29].

And we answer:

That

“eleh” which is stated regarding forbidden sexual relations did not come to emphasize their severity, but rather

to exclude measures from excision,

because we might have thought to say: Since frauds in measures are called abominations, they are included in “everyone who does any of all the abominations” , and their punishment is excision; therefore “eleh” was written concerning forbidden sexual relations, to exclude and say that only with “eleh” [in forbidden sexual relations] is there a prohibition of excision, but not with fraud in measures.

Rather, what is the excess of their severity?

In what way are those who act unjustly in measures more severe than those who stumble in forbidden sexual relations? After all, with forbidden sexual relations there is excision, whereas with them there is no excision.

And we explain:

There

with forbidden sexual relations

repentance is possible,

for his repentance is effective if he returns in complete repentance, as it is stated [Jeremiah 3:22]: “Return, wayward children; I shall heal your waywardness.” And in the Gemara of Makkot [23a] we learned: All those liable for excision who received lashes are released from their liability for excision.

But here,

concerning fraud in measures,

repentance is not possible,

since he robs the public, and his repentance depends upon returning the robbery, as it is stated [Leviticus 5:23]: “And he shall return the robbery that he robbed,” but he does not know to whom to return it. [And although they said that one who robs the public should use it for public needs, this is not complete repentance; rather, they clarified for him the best repentance that he is able to perform] .

And Rabbi Levi said: Severe is

and grave

the robbery of an ordinary person more than the robbery of sacred property, for this one

the one who robs an ordinary person

Scripture placed first

with regard to him

sin before sacrilege,

as it is stated [Leviticus 5:21]: “When a person sins and commits sacrilege against the Lord and deals falsely with his fellow,” for from the moment of the denial through which he robbed, he is called a sinner;

but this one

the one who robs sacred property

Scripture placed first

with regard to him

sacrilege before sin,

as it is stated [Leviticus 5:15]: “When a person commits sacrilege and sins unintentionally against the sacred property of the Lord,” for he is not called a sinner until he benefits from the robbery .

And Rabbi Levi said: Come and see that the attribute of the Holy One, blessed be He, is not like the attribute of flesh and blood,

for the Holy One, blessed be He, is compassionate, and His blessing is greater than His curse; this is not so with a human being, whose curse is greater than his blessing.

The Holy One, blessed be He, blessed

the

Israel with twenty-two

letters,

and cursed them with eight

letters.

How so?

He blessed them with twenty-two—

from “If you follow My statutes” [Leviticus 26:3],

which begins with the letter alef,

until “upright,”

[there, verse 13], which ends with the letter tav. If so, the blessings of the Holy One, blessed be He, include all the letters from alef through tav, that is, twenty-two letters [without the final letters kaf, nun, peh, tsadi].

And He cursed them with eight—

from “But if you reject My statutes”

[Leviticus 26:15], which begins with the letter vav,

until “and their soul rejected My statutes”

[there, verse 43], which ends with the letter mem. If so, the curses include only the letters from vav through mem, that is, eight letters.

Whereas Moses our teacher blessed them

Israel

with eight

letters,

and cursed them with twenty-two

letters.

How so?

He blessed them with eight

letters—