Bava Metzia - Daf 56
- Taking maaser on bread purchased from a נחתום, made in different shapes
The Gemara established on the previous Daf that Rebbe Meir treats Rabbinical laws as strictly as Biblical ones. Ravina challenges this from a Mishnah: הלוקח מן הנחתום – if one buys bread from a baker (i.e., someone who sells bread baked by others) who is an עם הארץ, Rebbe Meir says he can take maaser from today’s bread for yesterday’s bread, or vice versa, ואפילו מדפוסים הרבה – and even if the bread was from many differently shaped molds, although this indicates that they were bought from different producers (some of whom may separate maaser themselves). Ravina asks: ליחוש דלמא אתי לאפרושי מן החיוב על הפטור – let us be concerned that he is separating [maaser] from Biblically obligated [produce] on Biblically exempt [produce], or vice versa, which does not permit the obligated produce!? Rebbe Meir seems to rule leniently regarding the consumption of דמאי!? Later, Abaye says the opposite can be proven from the next Mishnah, where Rebbe Meir requires one who buys from a פלטר – wholesale bread distributor, to separate maaser from each type of mold separately. Rather, it must be that whereas a פלטר purchases from multiple producers, a baker, who purchases less, buys only from a single producer.
- אלו דברים שאין להם אונאה
The next Mishnah states: אלו דברים שאין להם אונאה- These are the things which are not subject to אונאה: Slaves, שטרות, land, and hekdesh. The כפל penalty (for stealing them) does not apply to them, nor ד' וה'. A שומר חנם does not have to swear when claiming these items were stolen not due to his negligence, and a שומר שכר would not pay for the same claim. A Baraisa derives these exceptions from the passuk discussing אונאה: וכי תמכרו ממכר לעמיתך או קנה מיד עמיתך – and if you sell something to your fellow or buy something from your fellow’s hand. This last phrase implies דבר הנקנה מיד ליד – something which is bought and passed from hand to hand, which excludes קרקעות – land, which is not movable, and slaves, which the Torah compares to land. שטרות are excluded from "וכי תמכרו ממכר", which implies שגופו מכור וגופו קנוי – [something] whose physical self is sold and bought, as opposed to שטרות, which are not sold or bought for their physical selves, ואינן עומדין אלא לראיה שבהם – and only exist for the proof written in them. Hekdesh is excluded by the word "אחיו" – brother in the passuk.
- חטין וזרען בקרקע
Rava asked: חטין וזרען בקרקע מהו – regarding wheat kernels which one planted in the ground, what is the halachah if they were sold before taking root? Are they כמאן דשדיין בכדא דמיין – as if they were thrown into a container, and still considered מטלטלין (and subject to אונאה), or do we say בטלינהו על גב ארעא – he subordinated them to the land, and they are excluded from אונאה like land? The Gemara clarifies that if the seller planted less than he claimed in the land being sold, the sale can be voided (as a mistaken sale) even if it is considered land, and even if for less than the rate of אונאה. Rather, the case is where he claimed to have adequately planted the field, and he did not (which may be based on a mistaken estimate). This question is asked regarding two other halachos: (1) Would one make a shevuah (e.g., for מודה במקצת) on planted grain, or is it exempt like land? (2) If kernels were harvested and replanted, and the עומר passed before they took root, can they be taken out and eaten (i.e., were they permitted by the עומר while they were in the ground)? All these questions remain unresolved.
