Halachos of the Daf - Bava Basra 86

Selling with a Measurement

In an instance where the seller is selling items that require measurement (i.e. fruits), using his own utensils, in a simta (alleyway), or even in the buyers property, the halachah will depend on how the sale was phrased.

If the seller said, “I’m selling you thirty pounds for thirty dollars,” then the buyer may retract, as long as the seller did not yet measure the entire thirty pounds. The reason is because we consider the expression “thirty pounds for thirty dollars” to be one big sale. Therefore since the seller did not finish measuring, the buyer had not yet bought anything, and may retract.

According to the Mechaber, if the fruits were being measured with the buyers utensils, then we say that whatever was already measured, the buyer may not retract, since the sale is taking place in the buyers property, and his utensils are being used, we understand that the buyer agrees to immediately acquire whatever was measured. However the Rema maintains that even if the buyer’s utensils were used, since the expression “thirty pounds for thirty dollars” was used, the buyer wants to get the full thirty pounds for his thirty dollars. Therefore he may retract until the entire thirty pounds was measured.

If the seller said, “I’m selling you thirty pounds at a dollar a pound” (or if he said, “I’m selling you at a dollar a pound, thirty pounds”), then we consider each pound to be a separate sale. In a case where the buyer’s utensils were used and the sale is taking place in the buyers property (or even in a simta), then as soon as they decided on the price, even before measuring, the buyer has acquired the fruits and may not retract. The Rema disagrees and holds that even in such an instance, if the buyer did not yet pay, then he may not retract.

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Normal Way of Carrying

Abaye sat and related the above halachah. Rav Ada bar Masnah asked him from the following braisa: [There is a halachah of kim leih bid’rabbah minei -whenever someone is deserving of two punishments, he receives the one which is more severe.] If one steals a purse on Shabbos, he is obligated to pay for the purse as well, as he had already stolen before he had been liable to be stoned (for desecrating Shabbos). If he was dragging the purse little by little out of the original owner’s domain, he is exempt from paying for the purse, as the act of desecrating Shabbos and the act of stealing happened at the same time. Now, a purse is something that is normal to be lifted, and nevertheless, it is acquired through meshichah!?

Abaye answered: It is referring to a purse that is tied by a string.

Rav Ada (thinking that Abaye meant that it was small) asked him back: I also understood it to be referring to a small purse (and that is why I asked my question that it should not be acquired through meshichah; rather, through hagba’ah)!?

Abaye responded: It is referring to a purse that needs a string attached to it (due to its large size, it can only be dragged; not lifted).

Tosfos asks: How could the Gemora think that the braisa is referring to a small purse which can be lifted? If so, he should not be liable for violating the Shabbos, since it is not the normal way of carrying something!?

Tosfos answers that although with respect to acquisitions, the item can only be acquired through lifting, for this is its normal mode of transport; nevertheless, with respect to Shabbos, it is regarded as normal.

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