Bava Batra 101 – Selling Burial Plot

In the time of the Mishna, it was customary to bury the dead in catacombs. First, a subterranean chamber was dug. Recesses were then dug into the walls of the chamber, and the dead were placed in these recesses. Catacombs serving as family burial places contained several chambers with multiple recesses.

One who sells a lot to his fellow to build a catacomb for him upon it, or one who accepts a contract to make such a catacomb, must adhere to the following standards: each crypt has to be 4x6 amot; he must open eight recesses, three on one side, three on another, and two in the middle opposite the door; the length of each recess must be eight amot, and the height must be seven hand-breadths. Rabbi Shimon says, 4x8 amot. An amah (arm) is between 1.5 and 2 feet.


Art: Catacombs of San Calixto in Rome by Felix Benoist

Bava Batra 100 – Seven Futilities

Suppose one had a public path going through his field (either it was owned by the public from before, or he ceded it to the public) – and then he took that path for himself and gave the public another path at the side of the field. In that case, he may not take the new path back, but the original one does not become his.

The standard width of a private path is 4 amot (6 ft), the public thoroughfare is 16, and the standing ceremony is 4 kavs (60x60 ft). As people were walking from the cemetery, the leader would say, "Stand, dear ones, stand." Then he would say, "Sit, dear ones, sit," and they would sit and bemoan their loss. This was done seven times, corresponding to seven "futilities" in Ecclesiastes and seven components in the cycle of times.

Art: Garden Path in Louveciennes by Alfred Sisley

Bava Batra 99 – Right-of-Way Through the Property of Another

One who owns a water cistern within the house of his fellow (he either inherited it or bought it along with rights of access) may enter to draw water only at the time when people usually enter, that is, during the day. He may not bring his animal and give it to drink directly from the pit, but he must fill a container and give the animal to drink outside.

The pit owner makes a lock for the cistern, and the homeowner makes his lock. The cistern owner makes the lock so that the homeowner will not rob him of his water. The homeowner makes the lock to avoid suspicions of impropriety concerning his wife.

Art: Woman at the Water Cistern by Jean Baptiste Chardin

Bava Batra 98 – Building Contractor

One who sells a lot to his fellow, or one who accepts a contract from his fellow regarding a lot, to construct for him a wedding house for his son or a widowhood house for his daughter, he must build a house measuring at least four elbows by six – these are the words of Rabbi Akiva. Rabbi Ishmael, however, says, "This is nothing but a cattle barn!"

Incidentally, this ruling teaches that it is not proper for a son-in-law to live in his father-in-law's house. Instead, the groom's father usually built a small annex adjoining his house, where the newlywed couple could live. This accords with the teaching from the book of Ben Sira: "Lighter than bran is the son-in-law who lives in his father-in-law's house. Still lighter is a guest who invites another guest. And lighter yet is one who gives an answer before he has heard the question."

Art: A Cottage in the Cornfield by John Constable

Bava Batra 97 – Wine Made of Dregs

Water in which wine lees have been steeped is considered water, and the blessing over it is "Who created everything with His word." However, others say that if this water has the flavor of wine, the blessing is "Who created the fruit of the vine."

If he poured three cups of water and when the liquid was decanted, four cups were produced, all agree that it is wine due to one cup of wine added from lees. If three cups were produced, all agree that it is water. They argue only when three and a half cups were decanted. The Sages say that three cups went in and three cups came out, so only one-sixth is wine from lees, while the other says that of the three cups that went in, one-half cup remained, and two half-cups of wine came out, making the mixture strong enough.

Art: The Wine Merchant by Pompeo Massani

Bava Batra 96 – Wine that Sours

Rav Yehudah said, "The souring wine sold in shops still retains the blessing over wine, that is, "Who created the fruit of the vine." Rav Zevid said, "Why should I say a blessing over wine that has soured? Rather, the blessing is "Who created everything by His word." Rav Yehudah agrees that wine sold on the corners, which the thirsty, indiscriminate public consumes in haste, is not wine at all.

If one bought a barrel of wine and it spoiled within three days, then Rav says that it was beginning to spoil at the time of the sale, and therefore, it is a mistaken purchase, which can be returned. Shmuel says that "it is on his shoulders." This means it was either spoiled while being carried or the spoilage was due to the owner's sins.

Art: Man with a glass of wine by Frans van Mieris

Bava Batra 95 – Selling a Wine Cellar As Is

The previous ruling stated that when one sells a wine cellar, the buyer has to accept 10% of barrels that begin to sour. But compare it to the following.

If a seller says, “I am selling you a cellar of wine,” he must give the buyer wine, which is good. If he says, “I am selling you THIS cellar of wine,” meaning AS IS, he may give the buyer quality wine as sold in stores for immediate consumption, that is, souring wine.

So when does the buyer accept 10% inferior wine? When the seller said “as is,” the buyer mentioned that he needed wine for cooking—which means that it would be used slowly over time. “As is” allows all souring wine, but “for cooking” requires no more than 10%.

Art: A Woman Drawing Wine From A Barrel by Gabriel Metsu

Bava Batra 94 – Acceptable Percentage of Inferior Merchandise

If one sells grain to his fellow, the buyer accepts upon himself impurity of one-quarter of a kav in a se'ah measure, which translates into 1/24; for figs, he accepts ten wormy ones per one hundred; for a cellar of wine, he accepts ten barrels of souring wine per hundred. All these are general guidelines without a prevailing local custom; however, if there is an accepted custom, it is binding.

If the buyer suspects that the grain contains more impurities than 1/24 and begins to sift it, and it is found that it contains more than the allowed 1/24, he may sift all the grain and return ALL the impurities to the seller. Really, one expects to receive good quality grain, only that he would not bother to sift. Once he starts sifting, however, he can continue to sift all.

Art: A Plate of Figs by Giovanna Garzoni

Bava Batra 93 – Consequential Damages

In the case of garden seed, which is always sold for planting and never for eating, if the seller sold defective seed, what is his liability to the buyer? - Only the money for the seed itself, but not the buyer's expenses incurred during the unsuccessful planting. Others say that the seller must also pay the buyer's exbuyer's

Who are these others? It is Rabban Shimon ben Gamliel who issued the following ruling: "If one takes wheat to a miller, and the miller did not moisten it before grinding and, as a result, processed it into bran, and the baker processed it into crumbly bread – he must pay the customer also the value of his embarrassment and the embarrassment of his guests – and such was a great custom that existed in Jerusalem."

Art: Still-Life with Bread and Confectionary by Georg Flegel

Bava Batra 92 – Implied Warranty

Sold products are expected to be fit for their purpose. However, if one sells produce to his fellow without specifying whether he is selling it for planting or eating, and the buyer plants it, but it does not grow, the seller is not responsible for the loss. This is true even for flaxseed, which is usually purchased for planting.

Normally, the law follows the principle of majority, assuming that the situation at hand is typical of the majority of such cases. However, in money matters, there is another principle: “To extract money from his fellow, the burden of proof lies with the claimant,” which trumps the principle of majority. Since the buyer cannot definitely prove his claim, the seller does not have to refund the purchase amount.

Art: At the Market Stall by Louise Moillon 

Bava Batra 91 – Importance of Settling the Land of Israel

One should refrain from exporting essential foods, such as wines, oils, and fine flour, out of the Land of Israel if this will lead to shortages and high prices. One may only leave the Land of Israel and go live outside the Land if food prices have doubled. Rabbi Shimon says that this is permitted only when one can't find wheat at all, but if wheat is available, even at very high prices, one should stay, provided that he can afford to feed his family.

Rabbi Shimon bar Yochai also used to say that Elimelech (the husband of Naomi in the book of Ruth) and his two sons were the most extraordinary men of their generation and the caretakers of their generation, and for what reason did they die? For moving out of the Land of Israel during famine, even though wheat was available to them.

Painting: Woman at the Window by Jozef Israels

Bava Batra 90 – Market Distorters

Those who hoard produce, who lend on interest, who reduce the size of their measures, and who distort the markets, concerning them it says, "...you who swallow up the needy and cause the poor of the land to fail...God has sworn... I will never forget any of their deeds."

Hoarders are market manipulators who engineer price increases in food staples by hoarding large stores of food and then selling at these higher prices. Lending money on interest by one Jew to another is prohibited. Reducing the size of the measure means cheating the buyer. Market manipulators are those who cause staple food prices to rise artificially. The prohibition does not apply to specialty food items, such as spices.

Art: A Day at the Market by Albert Chevallier Tayler

Bava Batra 89 – Honest Measures

The punishment for false measures is more severe than that for illicit relationships. Regarding "..all these..." illicit relationships, a shorter form of "these" - "el" is used, but regarding false measures, "...all who do these..." a more extended form, "eleh" is used. Why? One cannot remember all those he has cheated and return money to them.

"You shall not have false measures in your house..." - why in your house? It is forbidden everywhere! This teaches that "you shall not have in your house" because of false measures.

In some places, sellers customarily add a little extra to the scale on which the produce is weighted, while in others, they add a little after weighing. Deviating from the prevailing custom is not recommended because it may lead an onlooker to make a mistake in the future.

Art: The Courtship by Thomas Cowperthwait Eakins

Bava Batra 88 – Just Weights

A wholesaler must wipe his measures clean once every thirty days and a householder once every twelve months. This law applies to measures used for liquids that leave a residue, such as wine or oil. Since the residue tends to settle in the measure and congeal, the measure must be cleaned periodically. Since a wholesaler sells frequently, his measure tends to gather residue more quickly.

Rabban Shimon ben Gamliel says that the opposite is true. Since the wholesaler uses the measure more frequently, the residue that gathers in it does not congeal between uses. Therefore, the wholesaler must wipe his measures once every twelve months and a householder – once every thirty days.

The phrase “A perfect and just weight you shall have...” also teaches that the seller must act justly and give the buyer a little extra.

Art: An Old Man Weighing Gold by Quiringh Gerritsz van Brekelenkam

Bava Batra 87 – Selling Wine or Oil

If one was selling wine or oil to his fellow, and after the price was fixed, the merchandise appreciated or depreciated, who stands to gain or lose?

If the price changed before the measuring vessel was complete, it changed for the seller. If the price increases, the seller can retract and insist on a higher price. If it fell, the buyer can retract and hold out for a lower price. Once the measure is filled, the buyer acquires the merchandise, and the deal is final.

But how can this ruling be true? If the container belongs to the seller, he owns the merchandise until the buyer takes delivery. And if it belongs to the buyer, he acquires every measure as it is poured in. The answer is that the container belongs to a middleman, who loans it to the seller while filling it, then loans it to the buyer after it's full.

Art: Still Life - Post, Bottle, Cup, and Fruit by Paul Cezanne

Bava Batra 86 – Pulling is Ineffective if Lifting is Possible

As we have learned elsewhere, movable items can be formally acquired by pulling them into the buyer's domain. However, this is only true for items that are generally not lifted. Items that are usually lifted can't be acquired by pulling at all.

But is that true? Consider the following case: one who steals a bag of money on Shabbat by pulling it out of the house is not liable to pay since he is liable with his life for carrying on Shabbat. We see that he acquires the bag by pulling it, even though usually, money bags are lifted!

Rebuttal: You know what we are dealing with here? A bag that's too big to be lifted. Therefore, the rule stands, and pulling is usually ineffective as a method of acquisition if lifting is possible.

Art: Pulling a Dory by Winslow Homer

Bava Batra 85 – One's Container Formalizes Acquisition

Rav and Shmuel both said, "A person's container can formalize acquisition for him in any place – except in the public domain." Rabbi Yochanan and Resh Lakish both said, "Even in the public domain."

A person's container can act as his courtyard to acquire items placed in it, provided that the container is placed in a domain where the owner has the right to place it. Thus, a buyer can acquire items in the seller's domain by placing them in his container, provided that the seller gives him the right to place the container there. One can also place containers in the public domain—but not keep them there permanently.

However, they don't argue. The first ruling concerns a public thoroughfare, and the second concerns the quiet, recessed area of the public domain, to which people step to discuss business.

Art: The Grain Sifters by Gustave Courbet

Bava Batra 84 – Buying a Pile of Produce

Suppose one sells produce to his fellow at an agreed-upon price. In that case, the seller agrees to sell a pile of produce to the buyer at such-and-such price per measure, and the buyer agrees to take it all and pay whatever the total comes to if the buyer pulls the produce to himself, even though he did not measure it; he acquired it. Since the price has been agreed upon, the measurement serves only to calculate the total amount of money owed.

If he only measured it, he did not acquire it. However, this refers only to the seller. If the buyer measured it, his act of measurement would constitute lifting, the best possible way of formalizing acquisition, in which case he would have acquired it even without pulling it to himself.

Art: The Threshing of the Grain by Carl Larsson

Bava Batra 83 – Four Types of Errors in Sales

If the seller sold what was purported to be superior wheat and it was found to be inferior, the buyer can retract. The seller might also want to void the sale if the price rises, but he does not have this option. It is not a fraudulent sale, where both can retract. Rather, it is more akin to a case of price fraud or overcharge since the buyer did receive wheat, albeit of inferior quality.

Similarly, if he sold him inferior wheat, and it was found to be superior, the seller can retract.

The "red" wheat is reddened by the sun, and it produces more flour, while the "white" wheat yields superior bread. If one agreed to sell red wheat and it was found to be white, or vice versa, both can retract.

Art: Woman Cutting Bread by Christian Krohg

Bava Batra 82 – Recitation over First Fruit

When one buys trees, the question of whether he owns the land under them is crucial for bringing the first fruit from these trees.

If he owns the land, he also recites the prescribed verses, thanking God for the Land He gave him. If he does not own the land, he brings the first fruit but cannot recite the verses. Why not? One should be allowed to recite Torah verses!  - Either because his words "the Land that You gave me" will appear false, or because he may regard his fruit as definite first fruit, and because of that neglect his tithe obligations.

Art: A North African Fruit Vendor by Guiseppe Signorini

Bava Batra 81 – Buying Trees

If someone purchases two trees in his neighbor's field, he has not acquired any land - he has merely purchased the rights to their produce. Thus, if a tree dies, the buyer takes the dead wood, but he may not plant a tree on that site. Rabbi Meir, however, says that he has acquired land.

Therefore, if the branches of the trees grow until they extend over the seller's land, the seller may not trim them, even if they block sunlight and thus damage his crops. Since the buyer gets no land, it is understood that the seller pledges his own land to provide for the tree's needs.

If someone purchases three trees, he has acquired land since he surely intended to buy a field of trees. Therefore, if the branches grow over the seller's land, the seller may trim them.

Art: Part at Monsieur Wall by Corot

Bava Batra 80 – Buying Doves

If one buys the production of a dovecote from his fellow,  he must allow the first pair of doves that are produced to fly with the mother – that is, to remain with her; they are not included in the sale.

Doves tend to lay a pair of eggs almost every month of the year. These eggs hatch and produce one male and one female, which themselves begin to mate at the age of two months.

In order to stay in the dovecote, the mother must have her daughter as a companion in addition to her mate. The daughter, too, must have her offspring as companions since her mother is not company enough. The buyer must, therefore, leave all these pairs and not take them for himself.

Art: Three Ringed Doves by Henry Weekes

Bava Batra 79 – Selling a Donkey and its Foal

One who sells a donkey has sold its foal, but if one sells a cow, he has not sold its calf. If one sells a dump, he has sold its manure. If one sells a pit, he has sold its waters. If one sells a beehive, he has sold the bees. If one sells a dovecote, he has sold the doves. In all these cases, the contents are considered subsidiary to and are sold along with the primary item that contains them.

Why is a donkey different from a cow? In this case, he said, "I am selling you a nursing donkey." For the cow, this may be interpreted as buying the cow for its milk, but the non-kosher milk of a donkey is useless to the buyer, and therefore the "nursing" adds its foal to the sale.

Art: A Spring Day, or Beehives by Sergey Ivanovich Svetoslavsky

Bava Batra 78 – Selling a Donkey

If one sells a donkey to his fellow, he has not sold its gear. However, Nachum the Mede says he has sold his gear, too.

All agree that the saddle, blanket, girth under the donkey's belly, and breast strap are sold. These are necessary for the use of the donkey. The argument is about the sack and saddlebag, specifically cargo gear. The first teacher holds that ordinarily, a donkey is used for riding, and the cargo gear is not included in the sale. Nachum holds that ordinarily, a donkey is used for transporting cargo; therefore, its cargo gear is included in the sale.

Is the argument about the gear that is on the donkey or the gear that is not? This question remains unresolved, and the one who wants to extract money from his fellow needs to prove his right.

Art: Nun with Donkey by Giovanni Fattori

Bava Batra 77 – Sale of a Debt Obligation

One who sells a note of indebtedness to his fellow must write for him a document of sale that states, "Acquire the promissory note and whatever lien is in it." If he does not do so, the buyer acquires only the paper on which it is written for use, such as a bottle stopper. The sale would then become void because of the law against overcharge.

If one says to his fellow, "Sell me this yoke for 200 zuz," then it is evident that the yoke alone is not sold for this amount, and thus, the oxen are included. But the Sages say," The purchase price is no proof." It may be viewed as a gratuity that the buyer gives to the seller or an overpayment, in which case the sale would be voidable.

Art: Oxen Pulling a Cart by Rosa Bonheur 

Bava Batra 76 – Acquiring a Ship: Control It, Pull It, or Lift It? (Civil)

By (Torah) law, when one pays money, he acquires the object. The Sages, however, established that movable objects should be acquired by lifting, pulling into one's domain, or taking control over them. All the time that the buyer has not taken the delivery of his purchase, the seller, who already got paid, may not be careful to protect it. If, however, the object is still the seller's until delivery, he will be careful.

If the ship is on public grounds, one cannot pull it into his domain; therefore, the seller can give control over it to the buyer. If the ship is in an area people can use as their own, the buyer should pull the ship into his domain. If the ship is not afloat, one can lift it or rent the area under it.

Art: A Shore Scene with Windmills and Shipping by William Anderson

Bava Batra 75 – Acquiring a Ship (Civil)

What proprietary act effects the acquisition of a ship? Rav says, "Once the buyer has pulled the ship even a small distance, he has acquired it." But Shmuel says, "He has not acquired the ship until he pulls it away completely from the place it originally occupied."

Is this the same disagreement as the two views on acquiring an animal by pulling: (1) the animal is acquired when it raises the front and hind leg, or (2) only when it walks its entire length?

No, it is not the same! Once the animal starts to move, it will move the other two legs, but the ship may stop after the initial push. On the other hand, once a ship is moved, it moves as a whole, whereas an animal can put its legs back. The two disagreements are different, and both had to be recorded.

Art: A Shipowner and His Family by Abraham Wiillaerts

Bava Batra 74 – Stories of Rabbah bar bar Chanah (Civil)

Rabbah bar bar Chana told the following story.

An Arab merchant told me, "Come, I will show you Mount Sinai." I went and saw that scorpions surrounded it, and they resembled white donkeys. I heard a Heavenly voice saying, "Woe to me (God) that I have sworn to exile My people, and now that I have sworn, who can annul the oath for Me?"

When Rabbah returned, the Rabbis told him,  - Every Abba (his proper name) is a donkey, and every bar bar Chanah is a fool. You ought to have declared, "It is annulled for You."

And Rabbah, what did he think? That perhaps the Heavenly voice was talking about the oath about the Flood.

And the Rabbis? If so, then why did the Heavenly voice say "Woe is to Me" about something that is for mankind's good?

Art: Donkey Frieze by Franz Marc

Bava Batra 73 – Selling a Ship (Civil)

One who sells a ship without specifying precisely what is included in the sale has sold the mast, the sail, the anchor, and the oars. He has not sold the ship's slaves nor the cargo. If he said, "I am selling the ship and all that is in it,"" - all of these are included.

Said Rabbah bar bar Channah "Those who go down to sea told me that the wave that sinks a ship appears to have a fringe of white fire at its tip. But when one strikes it with a club upon which the following names of God are engraved, I Shall Be What I Shall Be, Yah, God of Legions, Forever – it subsides."

He also related, "I saw a frog the size of the city of Akra. A sea monster came and swallowed it, and a female raven swallowed the sea monster. It flew up and sat on the branch of a tree. Come and see how strong that tree was!"

Art: Atlantic Storm by John Singer Sargent

Bava Batra 72 – Consecration According to Rabbi Shimon (Civil)

When Rabbi Shimon said that the one who consecrates a field is like a seller, his exact words were: "If one consecrates a field, he has not consecrated the pit and the wine press, but the grafted carob tree and cut sycamore (planetree) are included."

Rabbi Shimon thinks that one who consecrates is stingy, like a seller, and keeps all he can for himself. Why is then the carob consecrated? He should have kept it, together with the land needed for it!

Rabbi Shimon is saying this only for the sake of argument: "I myself say that the trees are not consecrated. You, the Sages, who say that the carob is consecrated, should agree to me that he keeps the pit and the wine press". And the Sages answer: "One consecrates so liberally that even the pit and wine press are included."

Art: Sycamore, Catskill Clove Below Haines Fall by John Williamson