Bava Batra 88b (פח:) — the Talmud in English

And he must tip the scale for him

a handbreadth ,

meaning that the pan of the balance on which the merchandise is placed must weigh slightly more than the pan holding the weights, and must descend so that it is one handbreadth lower than the pan holding the weights .

If he was weighing for him exactly,

precisely, having balanced the two pans of the scale, for example, in a place where the custom was not to tip the scale,

he gives him

after the weighing

scrapings,

the amount by which he would have tipped the scale, that is, an addition to the measure .

For liquid goods, he adds an allowance of

one part in ten for liquids,

meaning one-tenth of a litra for every ten litrin, which is one part in one hundred. And for dry goods he adds

one part in twenty for dry goods.

One-twentieth of a litra for every twenty litrin, which is one part in four hundred . The Gemara will explain from where this ruling is derived.

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

using a measure intended for measuring small quantities, such as a kav measure,

he may not measure with a large measure,

using a large measure, such as a se’a measure, as this causes a loss to the buyer: The seller gives him one tipping allowance for the entire se’a, as he would for a kav, whereas had he measured for him with kavs, the buyer would have received one tipping allowance for each and every kav.

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

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

as this causes a loss to the seller, who must give a tipping allowance for each and every weighing.

In a place where the custom is

to level

the top of the measure, that is, to remove the heap above it,

he may not heap it,

even if the buyer pays him more money for the heap.

And likewise, in a place where the custom is

to heap it, he may not level it,

even if he reduces the price for him.

Rather, he measures according to the custom of the country, since with every such change there is concern that it may lead to fraud and exploitation.

Gemara:

From where are these matters derived?

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

Reish Lakish said: As the verse states [Deuteronomy 25:15]:

“Deuteronomy 25:15”

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

“

Be just with what is yours and give it to him,”

that is, the tipping of the pan of the balance; and even when measuring with a measure, he should measure for him generously, so that he receives more than the measure.

And we raise an objection: Is the seller’s tipping of the pan of the balance in favor of the buyer a requirement by Torah law?

If so, say the latter clause,

the ruling at the end of the Mishna:

If he was weighing for him exactly

without tipping the pan of the balance in favor of the buyer—

he gives him

the seller

scrapings,

that is, an addition to the measure.

And if tipping the scale

which he tips in favor of the buyer is a requirement

by Torah law, how can he give him

the seller weigh for him an exact weighing of

eye to eye?

Rather,

one must say that by Torah law one must add to the buyer’s measure, but he is not required to add it to him after the measuring; rather, he may add it to him at the time of the weighing. And this is how the words of the Mishna should be explained:

The first clause,

the beginning of the Mishna, speaks

of a place where the custom is

to tip the pan of the balance at the time of weighing, and the Mishna states that if he adds to the buyer’s measure at the time of weighing, the tipping must be to the extent of a handbreadth: He must add to the buyer’s weight until the pan tilts and is one handbreadth lower than the pan holding the weights.

And if Reish Lakish’s statement

was stated with regard to the latter clause,

as we learned in it:

If he was weighing for him exactly

with a precise weight—

he gives him

the seller

scrapings,

an addition to the measure.

And we raise an objection:

From where are these matters derived?

That the seller must add to the buyer’s measure.

And concerning this

Reish Lakish said, as the verse states: “And just,”

which is superfluous and is expounded, for even if he measured for the buyer a full eifa, nevertheless,

“Be just with what is yours and give it to him,”

more than the measure.

And how much

is the amount of

the scrapings

that he adds to him beyond the measure?

Rabbi Abba bar Memel said that Rav said: One part in ten of a litra for every ten litrin of liquid.

One-tenth of a litra when weighing ten litrin, namely, one part in one hundred. [This is the amount by which the pan of the balance is tipped by a handbreadth, and the scrapings that he gives are in place of tipping the pan of the balance.]

We learned in the Mishna that the scrapings are:

One part in ten for liquids, and one part in twenty for dry goods, and so on.

They raised a dilemma before them: What did the tanna mean?

Is the tanna’s intention

one part in ten for ten parts of liquid, and one part in twenty for twenty parts of dry goods,

namely, an amount of one part in four hundred for dry goods,

or perhaps one part in ten for ten parts of liquid and for twenty parts of dry goods,

so that “one part in ten” applies both to liquids and to dry goods, and the amount for dry goods is one part in two hundred ?

This question was not resolved, and therefore

teiku,

let it stand.

Rabbi Levi said: The punishment of those who

cheat with

measures is more severe than the punishment of those who

transgress the prohibitions of

forbidden sexual relations, for concerning this

one who fails in matters of forbidden sexual relations

it is stated [Leviticus 18:26]:

“Leviticus 18:26”

“These,” “all the abominations of these”;

and

concerning this

one who cheats with measures

it is stated [Deuteronomy 25:16]:

“Deuteronomy 25:16”

“These,” “For everyone who does these things, everyone who acts unjustly, is an abomination to the Lord.” Therefore, the verse added the letter heh in their case, to increase and intensify the severity of the punishment.

“for anyone who does these things, anyone who acts deceitfully.” Therefore, the verse added the letter he to the latter expression, to increase and intensify the severity of the punishment.

And what

is the source

for understanding that this “these”

is an expression denoting

severity?

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

“Ezekiel 17:13”

“And he took the mighty of the land,”

meaning the strong and powerful ones.

We learn from here that “the abomination of these” stated with regard to forbidden sexual relations means a severe abomination. If so, “the abomination of these” stated with regard to cheating in measures, in which an additional letter heh appears, is an even more severe abomination.

And we raise an objection: But

with regard to forbidden sexual relations too, it is written: “These,”

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

And we answer:

That

“these” stated with regard to forbidden sexual relations does not come to emphasize their severity, but rather

to exclude measures from the punishment of karet,

for we might have thought to say: Since fraud in measures is called an abomination, it is included in “everyone who shall commit any of all these abominations” , and its punishment is karet. Therefore, “these” is written with regard to forbidden sexual relations to exclude it and to say that only for “these” [forbidden sexual relations] is there a prohibition punishable by karet, but not for cheating in measures.

But then what is the basis for their greater severity?

In what way are those who act unjustly with measures more culpable than those who fail in matters of forbidden sexual relations, given that forbidden sexual relations entail karet whereas measures do not?

And we explain:

There,

with regard to forbidden sexual relations,

repentance is possible,

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

But here,

with regard to cheating in measures,

repentance is not possible,

since he robs the public, and his repentance depends on returning the stolen property, as it is stated [Leviticus 5:23]: “He shall return the stolen item that he stole”; but he does not know to whom he should return it. [And although they said that one who robs the public should use the money for public needs, this is not complete repentance; rather, they clarified for him the best repentance that he is capable of performing .]

And Rabbi Levi said: It is more severe

and graver

to rob an ordinary person than to rob what is consecrated, for in this case

one who robs an ordinary person,

the verse placed first

in his case

sin before sacrilege,

as it is stated [Leviticus 5:21]: “If a person sins and commits sacrilege against the Lord and denies his fellow,” and so on. From the moment of his denial, when he stole, he is called a sinner.

But in this case,

one who robs consecrated property,

the verse placed first

in his case

sacrilege before sin,

as it is stated [Leviticus 5:15]: “If a person commits sacrilege and sins unintentionally with regard to the sacred property of the Lord”; he is not called a sinner until he derives benefit from the stolen property .

And Rabbi Levi said: Come and see how the measure of the Holy One, blessed be He, is unlike the measure of flesh and blood,

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

The Holy One, blessed be He, blessed

the

Jewish people 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. Thus, the blessings of the Holy One, blessed be He, include all the letters from alef through tav, namely, twenty-two letters [excluding the final forms of the letters].

And He cursed them with eight—

from “But if you reject My statutes” [

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

until “and your soul rejects My statutes,” [

there, verse 43], which ends with the letter mem. Thus, the curses include only the letters from vav through mem, namely, eight letters.

Whereas Moses our teacher blessed them

the Jewish people

with eight

letters,

and cursed them with twenty-two

letters.

How so?

He blessed them with eight

letters—