Bava Batra 89b (פט:) — the Talmud in English

Rav Pappa said:

These scales are

digromi,

scales for measuring bulk, with which heavy metal weights are weighed.

Rabbi Mani bar Pati said: In the same manner as they said with regard to their prohibition,

that it is prohibited to weigh with them unless they were made according to the measurements stated in the beraita,

so

they said with regard to their susceptibility to ritual impurity,

that if they were not made according to the measurements stated in the beraita, they are not susceptible to ritual impurity, since they are not considered a vessel, as it is prohibited to weigh with them.

What does this teach us?

After all,

we already learned

this in tractate Kelim [chapter 29, mishnayot 4–6] with regard to ritual impurity: The string [from which are suspended] the scales of goldsmiths and of those who weigh fine purple wool [is susceptible to ritual impurity only if it is] three fingerbreadths [long];

the string of the scales of shopkeepers and householders [is susceptible to ritual impurity only if it is]

[of a measure of]

a handbreadth.

The string of the scales of wool merchants and of those who weigh glass [is susceptible to ritual impurity only if it is] two handbreadths [long].

If so, what novel point did Rabbi Mani bar Pati teach?

And we answer: The measure of

the rod and its cord was necessary for him to state,

to teach us that Rabbi Mani requires that the rod and the cords meet a prescribed measure with regard to ritual impurity, just as we require this with regard to the prohibition against using them ,

as we did not learn

this matter in tractate Kelim.

The Sages taught: One may not make

weights of

weights

neither of tin —

tin,

nor of lead —

lead,

nor of gistron —

an alloy of metals,

nor of any other type of metal,

because all of these wear away over time, and the buyers end up losing, since they pay for a greater weight than they actually receive.

But he may make

weights

of stone —

a hard stone,

and of glass.

The Sages taught: One may not make the leveling bar

—a type of ruler with which one removes the excess from a measuring vessel—

of a gourd

because it is light

and does not level properly, with the result that the seller loses,

nor of metal

because it is heavy,

and removes more than is appropriate, with the result that the buyer loses.

But he may make it of

wood

of an olive tree or of

wood

of a walnut tree, of sycamore, or of boxwood,

whose weight is intermediate.

The Sages taught: One may not make the leveling bar thick on one side and narrow on the other

[narrow], because the narrow side enters into the grain and levels it properly, whereas the thick side does not enter as far and does not level it properly. If one side is thick and the other narrow, when he is buying he will level with the thick side, and when he is selling he will level with the narrow side. Rather, he should make both sides thick or both sides narrow, in accordance with the custom of the place.

He may not level all at once,

in a single swift movement, because

one who levels all at once is

bad for the seller and good for the buyer,

as he does not level properly.

Nor may he level little by little,

meaning that he removes a little, then returns the leveling bar and removes more,

which is bad for the buyer and good for the seller,

but he should level calmly, in one or two movements.

Regarding all of these matters,

with regard to all these laws,

Rabban Yohanan ben Zakkai said: Woe is me if I say

them,

and woe is me if I do not say them.

If I say them —

perhaps the swindlers will learn; and if I do not say them —

perhaps the swindlers will say: Torah scholars are not familiar with our methods,

and consequently they will come to commit even more fraud.

They raised a dilemma before them:

Did Rabbi Yohanan ultimately

state

this halakha publicly,

or did he not state it?

Rav Shmuel bar Rav Yitzḥak said: He stated it, and based on this verse

and relying on this verse

he stated it,

as it is stated [Hosea 14:10]:

“For the ways of the Lord are upright, and the righteous walk in them, but transgressors stumble in them.” “

For the ways of the Lord are upright” — these are words of Torah. “

And the righteous walk in them” — they should take care not to defraud others. “

But transgressors stumble in them” — they will learn to commit fraud.

The Sages taught:

It is written in the Torah [Leviticus 19:35]:

“You shall not commit injustice in judgment, in measure, in weight, or in measure.”

“In measure” —

this refers to measuring land,

since the measurement of a vessel is written afterward, namely, “or in measure,” as it is stated [Ezekiel 4:11]: “And water you shall drink by measure.”

And how does one avoid committing an injustice in measuring land?

He should not measure

for two purchasers who acquired land in partnership, or for two brothers who divided an inheritance,

for one in the summer and for the other in the rainy season.

For in the summer the cord with which one measures is dry and shorter than in the rainy season, when the cord becomes wet, looser, and longer. Likewise, in the rainy season the ground contracts, whereas in the summer it cracks and expands in its measurement.

“In weight” —

how does one avoid committing an injustice?

He should not bury his weights in salt,

because as a result the weights rust and become heavier.

“Or in measure” —

how does one avoid committing an injustice?

He should not cause it to foam,

meaning that he should not pour rapidly and create foam, thereby selling less than the measure.

And this follows by a kal va-chomer

with regard to larger measures:

If the measure called

a very small measure,

one thirty-sixth of a log, is

subject to the Torah’s strictness,

so that he may not make it foam and defraud by an amount of less than one hundredth of a log,

all the more so

the Torah is strict that he may not cause foam in larger measures, such as

a hin, half a hin, a third of a hin, a quarter of a hin, a log, half a log, and a quarter

of a log,

and half a toman

—half of an eighth of a log, i.e., one-sixteenth of a log,

and an ukhcla,

whose measure will be explained below [as one-twentieth of a log].

Rav Yehuda said that Rav said: It is prohibited for a person to keep a deficient or excessive measure in his house,

because there is concern that he may come to measure with it. [The Torah prohibition against possessing such measures applies only when he keeps them in order to measure with them.]

And even if it is a vessel for urine,

he may not keep it in his house, because there is concern that, since he sometimes washes and cleans it, he may measure with it. Therefore, the only remedy for this vessel is to break it.

Rav Pappa said: We said

this prohibition, that it is forbidden to keep such a measure in his house,

only in a place where they are not stamped,

where there is no official appointed by the king who stamps the measures to certify that they are accurate, and there is concern that he may come to defraud with them.

But in a place where they are stamped —

if he does not see

the purchaser

the stamp

on the measure,

he does not take it,

and therefore he may use them for other purposes, since the customers will not be misled by them.

And even in a place where they are not stamped —

we said

that it is forbidden to keep these measures in the house

only when they are not inspected,

meaning that officials do not come regularly on behalf of the king to check that the measures are valid.

But

if

they are inspected,

with officials coming regularly to check that the measures are valid,

there is no concern

about keeping the vessels in order to use them for other purposes.

That is not so,

rather, even in these circumstances it is forbidden to keep inaccurate measures in his house, because

sometimes twilight arrives,

when everyone is preoccupied and in a hurry, and the purchaser, because of his haste, does not pay attention to checking the measure,

and it happens that he takes,

meaning that the purchaser happens to take merchandise even with a measure that is not fit for use.

It was also taught so: A person may not keep a deficient or excessive measure in his house, and even if it is a vessel for urine.

But he may make

measuring vessels of these fixed sizes:

A measure of

a se’a.

A measure of

a tarkav —

of three kav, i.e., half a se’a.

And half a tarkav —

i.e., one and a half kav.

And a kav

[and there is no concern that people will confuse a kav measure with a half-tarkav measure, i.e., one and a half kav, because people do not err by a difference of one-third].

And half a kav —

i.e., two logs.

And a quarter

of a kav — i.e., one log.

And a toman —

one-eighth of a kav, i.e., half a log.

And half a toman —

one-sixteenth of a kav, i.e., a quarter of a log, which is one and a half eggs.