Bava Batra 90a (צ.) — the Talmud in English

And an ukla.

And how much is an ukla? One fifth of a quarter.

One twentieth of a kav, that is, one fifth of a log, which is one egg and one-fifth.

And with regard to liquid measures—

he makes

measures in these fixed quantities:

A measure of

a hin—

that is, twelve logs, which is the measure of a tarkav.

And half a hin—

that is, half a tarkav.

And one-third of a hin—

that is, a kav.

And one-quarter of a hin—

that is, three logs.

A measure of one-eighth of a hin, that is, one and a half logs, he does not make, because people might confuse it with a measure of half a dry kav, which is two logs, since people err over a difference of one-quarter.

And a log—

that is equivalent to the measure of one-quarter of a dry kav.

And half a log—

that is equivalent to the measure of one-eighth of a dry kav.

And one-quarter

of a log—that is equivalent to the measure of one and a half eggs when dry.

And one-eighth

of a log—that is the measure of three-quarters of an egg. [And for dry substances he does not make a measure of this quantity, because people are not accustomed to measuring dry substances in such a small vessel. If there is a dry substance that is very expensive and sold in a very small quantity, it is customarily measured by estimation or by weight. Rashbam.]

And one of eight in an eighth [

the Tosefta reads: half an eighth] of a log,

and this is a kortov

mentioned in many places. For example, in tractate Chullin [26a]: Forty se’a minus one kortov into which one kortov of wine fell.

And we raise a difficulty: Why did he not

also make

a vessel with a capacity of

two kavs

for dry measure—that is, one-third of a se’a, just as he makes a vessel with a capacity of one-third of a hin for liquid measure?

And we answer: Since we are concerned that perhaps

it will be confused with a tarkav—

that is, three kavs.

And we raise a difficulty:

Apparently people err

over a difference of

one-third—

a third.

If so,

a vessel with a capacity of

one kav should also not be made, since it will be confused with half a tarkav—

that is, a vessel with a capacity of one and a half kavs.

Rather,

one must say that people do not err over a difference of one-third. Rather, as for a vessel with a capacity of

two kavs, this is the reason it is not made:

because

it will be confused with half a tarkav,

that is, with a vessel having a capacity of one and a half kavs, between which there is a difference of one-quarter.

And we raise a difficulty:

Apparently a person errs

over a difference of

one-quarter—

a quarter.

If so, half a toman,

that is, one-sixteenth,

and an ukla,

that is, one-twentieth,

should not be made,

since the difference between them is only one-fifth. And if people err over a difference of one-quarter, all the more so will they err over a difference of one-fifth.

Rav Pappa said:

With regard to

small measures, people are expert in them,

and there is no concern when there is only a small difference between them, because, owing to their small size, people know how much each vessel holds and will not come to deceive.

And we raise a difficulty:

A third of a hin and a quarter of a hin should not be made,

since the difference between them is one-quarter, and people will come to err concerning them.

And we answer:

Since they were

these measures

in the Temple [

as explained above, on 86b: There were markings on the hin, in order to measure the quantity of wine required for the libations of the bull, the ram, and the lamb—that is, half, one-third, and one-quarter of a hin], therefore

the Sages did not issue a decree concerning them.

And we raise a difficulty:

In the Temple too, let them issue a decree,

lest they also exchange the measures there.

And we answer:

The priests are diligent ,

and exert themselves greatly in their service, and do not come to err.

Shmuel said:

Three matters:

A. If the residents of a city wish to increase the size of their measuring vessels,

they may not add more than one-sixth to the measures,

they may not increase them by more than one-sixth, for the reason that will be explained below. For example, if a measuring vessel had previously held five eggs, its capacity may be increased only to six eggs, and no more.

B.

Nor

may they add

more than one-sixth to the coin.

If they come to alter the size of the coin, they may not increase it by more than one-sixth of its previous size, for the reason that will be explained below.

C.

And one who profits,

such as a shopkeeper who purchases from a wholesaler a large quantity of foodstuffs that are essential for human sustenance , at a low price and sells them in his store to individuals in small quantities, at a higher price,

may not profit

from his sale

more than one-sixth

of the price at which he purchased the merchandise from the wholesaler. And this is a regulation enacted by the Sages.

The Gemara discusses Shmuel’s statements:

What is the reason

that one may not add more than one-sixth to the measures?

If you say it is because of the raising of prices,

if it is said that the reason for this matter is that the Sages were concerned about the raising of prices: Since the measures were increased, this would cause those bringing grain into the city to raise the price, because from then on the buyer would receive a larger quantity. And once they raised the price, there would be concern that the sellers would exploit the situation and raise the price of the merchandise by more than is warranted by the increase in the measures.

This reason cannot be stated! For according to this reason, not only may one not add more than one-sixth to the measures, but an increase of

one-sixth

alone to the measures

, too, may not be made.

For if there is concern that the sellers will exploit the price increase in order to charge a price exceeding the amount warranted by the increase in the measures, then one must refrain from making any increase whatsoever in the measures, and not merely an increase of more than one-sixth.

Rather,

the reason one may not add more than one-sixth to the measures is

because of overreaching

by more than one-sixth,

so that it should not constitute rescission of the sale.

If those bringing merchandise into the city do not know that the measures have been increased and sell the grain at the usual price, this constitutes overreaching, as the buyers overreach the sellers. If the overreaching is more than one-sixth, the sale is thereby rescinded, and the buyer has no option of upholding the sale and paying the seller the amount of the overreaching. But if the overreaching is exactly one-sixth, the sale stands, and the one who overreached must pay the one who was overreached the one-sixth by which he overreached him. Therefore, the Sages enacted that the measures should not be increased beyond one-sixth, but no further.

But the Gemara rejects this as well, for here it is not a case of mere overreaching with regard to price, but of overreaching with regard to measures; and in such overreaching the sale is rescinded even when the overreaching is less than one-sixth.

For he said,

for he said concerning this

Rava: Any

item in which the overreaching is overreaching

with regard to measure,

where one misled another with the measure by which he measured,

or with regard to weight,

where he overreached him in the weight,

or with regard to count,

where the item is sold according to the number of units sold, even if the overreaching was

less than the amount constituting overreaching,

that is, less than one-sixth, nevertheless the sale is void, and

the one who was overreached may rescind

the sale. That is, when the overreaching is expressed only in the price, the Sages determined that when it is less than one-sixth, the one who was overreached waives it, since the sale was made by estimation and not precisely. But at exactly one-sixth, he does not waive it, although the sale remains valid, and the one who overreached must return the amount of the overreaching to the one who was overreached. When the overreaching is more than one-sixth, the sale is void, and both parties may withdraw from the sale entirely.

By contrast, if the overreaching was in the measurement of the item, or in its weight, or in its count, this is a complete error, since this is not a matter of an error in estimation. In a complete error, the sale is entirely void, even when the overreaching is less than one-sixth!

Rather,

the reason for the matter is

so that the merchant should not suffer a loss.

The Sages were concerned lest a merchant come from another city and not know that the measures had been increased, and suffer a loss as a result. The residents of the city would measure for him the grain he sold them using the new, larger measure, while he would calculate the price for them according to the smaller measure that had previously been customary.

However, if the merchant would suffer a loss of only up to one-sixth, and no more, he would lose only the profit that would have been expected had he known of the increase in the measures, since he is permitted to profit only up to one-sixth of the value of the merchandise. Therefore, the Sages were not concerned about a merchant’s mere loss of profit to the extent of issuing a decree that the measures should not be increased. But when the loss is more than one-sixth, there is concern that the merchant, unaware of the increase, might lose part of the principal invested in his merchandise. The Sages therefore took care to enact that the measures should not be increased by more than one-sixth, so that the merchant would not lose from the principal.

But the Gemara challenges this reason:

Did the Sages concern themselves only with the fact that

there should not be a loss

for the merchant through the loss of his merchandise, but

profit, they did not require

it? Did the Sages not concern themselves with the profit that would be denied to a merchant who was unaware of the increase in the measures!? Is a person who

buys and sells

merchandise without profit

called a merchant!?

That is, is he called a merchant even when he earns nothing, but merely buys and sells!? Indeed, the complete prevention of profit is also considered a loss for the merchant, since he brings his merchandise from afar and labors to support himself from it. Therefore, according to the reason of preventing a merchant’s loss, the Sages should have enacted that the measures be increased only by less than one-sixth, so that in every case the merchant would retain a small profit for his labor.

Rather, Rav Chisda said: Shmuel,

who stated this ruling,

found a verse

and relied upon it—a verse in the Book of Ezekiel [chapter 45]: “

And the shekel [

the sela, which contains four dinars] contains

twenty gerah,

twenty small silver coins, each of which is called a gerah.”

And how much is a “maneh” of consecrated funds?

There are places where a “maneh” of non-sacred funds is

twenty shekels [

which are eighty dinars].

And there are places where a “maneh” of non-sacred funds is

twenty-five shekels [

which are one hundred dinars].

And there are places where a “maneh” of non-sacred funds is

fifteen—

fifteen

shekels [

which are sixty dinars].

The maneh,

the combination of these three types of maneh of non-sacred funds, which together amount to sixty shekels [sela’im], or two hundred and forty dinars,

shall be yours

as a maneh of consecrated funds.” Thus far are the words of the verse in Ezekiel.