Bava Batra 89b — the Talmud in English

Rav Pappa said:

these scales are

digromi,

those of metalworkers, with which heavy weights of metals are weighed.

Rabbi Mani bar Patish said: Just as they said with regard to their prohibition,

that it is forbidden to weigh with them if they were not made according to the measures stated in the beraita,

so

they said with regard to their impurity,

that if they were not made according to the measures stated in the beraita, they do not receive impurity, for they are not considered a vessel, since it is forbidden to weigh with them.

What does he teach us?

For already

we learned

we learned in tractate Kelim [chapter 29, mishnayot 4–6], with regard to impurity: the cord [on which] the scales of goldsmiths and of those who weigh fine purple are suspended [receives impurity only if it is] three fingerbreadths,

the cord of the scales of a shopkeeper and of householders [

receives impurity only if it is]

a handbreadth.

The cord of the scales of wool merchants and of those who weigh glass [receives impurity only if it is] two handbreadths.

And if so, what did Rabbi Mani bar Patish innovate?

And we answer: The measure of

her rod and cord was necessary for him,

to teach us, Rabbi Mani, that we are exacting concerning the measure of the rod and the ropes with regard to impurity, just as we are exacting concerning the prohibition against using them,

for we did not learn

this matter in the Mishna of Kelim.

The Sages taught: One does not make

stones of

weights

not of tin —

tin,

nor of lead —

lead,

nor of gistron —

a mixture of metals,

nor of the other types of metals,

because all these wear away over time, and the purchasers are found to lose, since they pay for a greater weight than they actually received.

But he may make

weight-stones

of hard stone

a hard stone

and of glass.

The Sages taught: One does not make the leveling rod

something like a ruler with which one levels the excess from a measure; one does not make it

of gourd —

because it is light

too much and does not level well, and the seller is found to lose,

nor of metal —

because it is heavy,

and levels more than is proper, and the purchaser is found to lose.

But he may make it of

wood

of olive and of

wood

of walnut, of sycamore, and of boxwood,

whose weight is intermediate.

The Sages taught: One does not make the leveling rod with one side thick and the other side narrow [

narrow], because the narrow side enters into the grain and levels well, whereas the thick side does not enter as much and does not level well. And if one side is thick and the other side is narrow, when he is purchasing 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, according to the custom of the place.

He should not level all at once,

in one time and quickly, because

one who levels all at once —

it is bad for the seller and good for the purchaser,

for he does not level well.

Nor should he level little by little,

meaning that he levels a little, then returns and lowers the leveling rod and levels more,

for it is bad for the purchaser and good for the seller,

rather, he should level calmly, in one time or in two times.

Concerning all of them,

concerning all these laws,

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

them,

woe is me if I do not say them.

If I say them —

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

perhaps the deceitful will say: Torah scholars are not expert in our practices,

and as a result they will come to deceive more.

It was raised as a question before them:

Did, in the end,

Rabbi Yohanan say

this law publicly,

or did he not say it?

Rav Shmuel bar Rav Yitzhak said: He said it, and from this verse

and relying upon this verse

he said it,

as it is stated [Hosea 14:10]:

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

For the ways of the Lord are straight" — these are words of Torah. " And the righteous walk in them" — that they should be careful with them not to deceive people. " But transgressors stumble in them" — that they will learn to deceive.

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 is measurement of land,

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

And how should one not commit injustice in measuring land?

He should not measure

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

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

For in the summer the rope with which they measure is dry and shorter than in the rainy season, when the rope becomes wet, looser, and lengthens; and likewise, the ground in the rainy season contracts, while in the summer it splits and increases in its measure.

“In weight”

how should one not commit injustice?

He should not bury his weights in salt,

because as a result the weights rust and become heavier.

“Or in measure”

how should one not commit injustice?

He should not froth it,

that is, he should not pour quickly and produce foam, and through this sell less than the measure.

And a kal va-chomer

applies to larger measures,

and if a mishura, which is

such a small measure,

one thirty-sixth of a log —

the Torah was particular concerning it,

that he should not produce foam in it and deceive by an amount of less than one hundredth of a log,

a kal va-chomer

that the Torah is particular that he should not froth in larger measures, such as

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

of a log,

and half a toman,

and half an eighth of a log, that is, one sixteenth of a log,

and an ukhla,

its measure will be explained below [that it is one twentieth of a log].

Rav Yehuda said in the name of Rav: It is forbidden for a person to keep a deficient or excessive measure in his house,

for there is concern lest he come to measure with it [and the Torah prohibition against possessing these measures applies only when he possesses them in order to measure with them],

and even if it is a vessel for urine,

he should not keep it in his house, for there is concern that, since at times he washes and cleans it and measures with it, this vessel has no remedy except breaking it.

Rav Pappa said: We said

this prohibition, that it is forbidden to possess this measure in his house,

only in a place where they do not seal them,

where there is no appointee on behalf of the king who places a seal on the measures to certify their accuracy, and there is concern lest he come to deceive with them,

but in a place where they do seal them —

if the purchaser does not see

the purchaser

a seal

on the measure,

he does not take it,

he does not purchase; therefore he may use them for other needs, since the purchasers will not be deceived through them.

And also in a place where they do not seal them —

we said

that it is forbidden to keep these measures in the house

only when they are not inspected,

when they do not come frequently on behalf of the king to check the validity of the measures.

But

if

they inspect them,

they come frequently to check the validity of the measures,

we have no concern

with a prohibition against keeping the vessels in order to use them for other needs.

That is not so,

rather, even in these circumstances it is forbidden to keep measures that are not exact in his house, because

sometimes it happens at twilight

when everyone is occupied and hurrying, and the purchaser, because of his preoccupation, does not pay attention to check the measure,

and it happens that he takes,

and it happens that the purchaser takes even with a measure that is unfit.

It was taught likewise: A person should 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 the size of

a seah.

A measure of

a tarkav —

of three kav, that is, half a seah.

And half a tarkav —

that is, one and a half kav.

And a kav [

and there is no concern lest they come to err between the measure of a kav and the measure of half a tarkav, namely one and a half kav, because people do not err over a difference of one third].

And half a kav —

that is, two log.

And a quarter

of a kav — that is, a log.

And an eighth —

an eighth of a kav, that is, half a log.

And half an eighth —

one sixteenth of a kav, that is, a quarter of a log, which is one and a half beitza.