Bava Batra 90a — the Talmud in English

And an ukla.

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

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

And with liquid measure —

he makes

measures according to 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 the hin —

that is, a kab.

And one-quarter of the hin —

that is, three logs.

[And he does not make a measure of one-eighth of the hin, that is, one and a half logs, because people will come to confuse it with a measure of half a kab for dry measure, which is two logs, for people err over a difference of one-quarter].

And a log —

that is like the measure of a quarter-kab for dry measure.

And half a log —

that is like the measure of one-eighth of a kab for dry measure.

And one-quarter

of a log — that is like the measure of one and a half eggs for dry measure.

And one-eighth

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

And one of eight in an eighth

[In the Tosefta they read: half an eighth] of a log,

and this is a kortov

mentioned in many places. For example, in Hullin [26a]: forty seahs lacking a kortov, into which a kortov of wine fell.

And we raise an objection: Why does he not

also make

a vessel of the measure of

two kabs

for dry measure — that is, one-third of a seah, just as he makes a vessel of the measure of one-third of a hin for liquid measure?

And we answer: Since there is concern lest

it come to be confused with a tarkav —

that is, three kabs.

And we raise an objection:

Apparently people err

over a difference of

one-third,

one-third.

If so,

a vessel of the measure of

a kab should also not be made, lest it come to be confused with half a tarkav —

that is, a vessel of the measure of one and a half kabs.

Rather,

it should be said that people do not err over a difference of one-third; rather, as for a vessel of the measure of

two kabs, this is the reason he does not make it:

because

it may come to be confused with half a tarkav,

that is, with a vessel of the measure of one and a half kabs, between which there is a difference of one-quarter.

And we raise an objection:

Apparently a person errs

over a difference of

one-quarter,

one-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 they will 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 if there is a small difference between them, because on account of their smallness people know to estimate how much each vessel holds, and they will not come to deceive.

And we raise an objection:

One-third of a hin and one-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 in the hin, in order to measure the quantity required for the wine of the libations, for the bull, the ram, and the lamb, namely one-half, one-third, and one-quarter of a hin], therefore

the Sages did not decree concerning them.

And we raise an objection:

In the Temple also, let them decree,

lest they exchange the measures there as well.

And we answer:

The priests are diligent ,

and they make great efforts in their service, and they do not come to error.

Shmuel said,

three things:

A. If the residents of the city wish to enlarge the measures of the measuring vessels,

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

they may not enlarge them by more than one-sixth, for the reason that will be explained below. For example, a measuring vessel that until now held a measure of five eggs may be enlarged only until it holds six eggs, and no more.

B.

And not

may they add

to the coin more than one-sixth.

If they come to change the size of the coin, they may not enlarge 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 in which human life is involved, at a cheap price and sells it in his shop to individuals little by little, at a high price,

may not profit,

he may not earn from its sale

more than one-sixth,

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

And the Gemara discusses Shmuel’s words:

What is the reason

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

If you say, because of the removal of the price,

if we say that the reason for the matter is that the Sages were concerned about the raising of prices, for once they enlarged the measures, this would cause the price to be raised by those who bring grain into the city, because from now on the buyer receives a larger quantity. And since they raise the price, there is concern that the sellers will exploit the situation and raise the price of the merchandise by more than the price required by the enlargement of the measures,

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

one-sixth

alone to the measures

, also may they not add

for if there is concern that the sellers will exploit the raising of the price in order to charge a price beyond the addition to the measures, then one must refrain from any addition to the measures, and not only from an addition of more than one-sixth.

Rather,

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

because of overreaching

by more than one-sixth,

so that it should not constitute rescission of the sale,

for if those bringing the merchandise into the city did not know about the enlargement of the measures and sold the grain at the regular price, and there is thereby overreaching, so that the buyers overreach the sellers, then if the overreaching is more than one-sixth, the sale is thereby rescinded, and the buyer does not have the 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 overreacher must pay the one-sixth by which he overreached the one who was overreached. Therefore the Sages instituted that one may add to the measures only up to one-sixth, and no more than that.

But the Gemara rejects this as well, for this is not a case of overreaching in price alone, but of overreaching in measures, and in such overreaching the sale is rescinded even when the overreaching was less than one-sixth.

And did he not say,

for he said concerning this

Rava: Every

thing in which the overreaching done to it is overreaching

in measure,

where he misled another with the measure by which he measures,

and in weight,

where he overreached him in weight,

and in number,

in something sold according to the counting of the units being sold, even if the overreaching was

less than the measure of overreaching,

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

the one who was overreached

withdraws from it. That is, if the overreaching is expressed in the price alone, the Sages established 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, while the sale remains in force, and the overreacher returns to the one who was overreached the amount of the overreaching. And with overreaching of more than one-sixth, the sale is void, and both of them may withdraw entirely from the sale.

But, by contrast, if the overreaching was in measuring the item, or in its weight, or in counting it, this is a complete error, for there is no matter here of an error in estimation. And in a complete error, the sale is entirely void, even when it is less than one-sixth!

Rather,

the reason for the matter is

so that there should be no loss to the merchant.

The Sages were concerned lest a merchant come from another city and not know about the enlargement of the measures, and suffer a loss on account of it. For the residents of the city will measure for him the grain that he sells to them using the new, larger measure, while he will calculate the price for them according to the smaller measure that had previously been customary.

But if the merchant loses only up to one-sixth, and no more, he loses only the profit that would have been expected for him had he known about the enlargement of the measures, since he is permitted to profit only up to one-sixth of the value of the merchandise. Therefore, concerning the mere loss of a merchant’s profit, the Sages were not concerned to decree on that account that one should not add to the measures. But when it is more than one-sixth, there is concern lest the merchant, who does not know about the addition, come to lose even part of the principal of his merchandise. Regarding this the Sages took care, and decreed that one should not add to the measures by more than one-sixth, so that it should not happen that the merchant loses from the principal.

But the Gemara wonders about this reason:

Did the Sages concern themselves only that

there should be no loss for him

to the merchant through the loss of his merchandise, but

profit, he does not need?

Did the Sages not concern themselves with the profit that would be prevented from the merchant who does not know about the addition to the measures? And is a person who

buys and sells,

purchases merchandise and sells it without profit,

called a “merchant”!?

Is he called a merchant even when he earns nothing but merely buys and sells? That is, even the complete prevention of profit is considered a loss for the merchant, since he brings his merchandise from afar and takes pains to make a living from it. Therefore, according to the reason of the merchant’s loss, the Sages should have instituted that one add to the measures only by less than one-sixth, so that in every case a small profit would remain for the merchant for his labor.

Rather, Rav Hisda said: Shmuel,

who stated this law,

found a verse,

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

And the shekel

[the sela, which contains four dinars] — contains

twenty gerahs,

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

And how much is a “mina” of sacred property?

There are places where a “mina” of non-sacred property is

twenty shekels

[which are eighty dinars].

And there are places where a “mina” of non-sacred property is

twenty-five shekels

[which are one hundred dinars].

And there are places where a “mina” of non-sacred property is

fifteen,

fifteen

shekels

[which are sixty dinars].

The mina,

the combination of these three types of minas of non-sacred property, which together are sixty shekels [selas], which are two hundred and forty dinars,

shall be for you

a mina of sacred property.” Thus far are the words of the verse in Ezekiel.