Talmud Bavli
Talmud Bavli

Commentary for Bava Metzia 158:11

אמר אביי שמע מינה ביניתא אכרסה תקלה למאי נפקא מינה למקח וממכר

The ass-owner can place upon it the fodder, straw and provisions for one day; but beyond that, the hirer can prevent him.<span class="x" onmousemove="('comment',' It appears that the ass-driver had to provide the ass's food for the journey. The ass-driver can therefore place upon it the food for one day only. But the latter cannot insist on loading it at the outset with all the necessary provisions, for such a heavy load might retard the rate of progress. ');"><sup>11</sup></span> How is it meant? If [food] can be purchased, let the ass-driver too prevent him;<span class="x" onmousemove="('comment',' Sc. the hirer, from loading it with the whole of the provisions required for the journey. ');"><sup>12</sup></span> whilst [if provisions] are not obtainable [on the road], the hirer too should not be able to prevent him! — R. Papa answered: This arises when it is indeed possible to procure it, after some trouble, from stage to stage. Now, for the ass-driver it is a normal matter to take trouble and purchase [his stores at various places],<span class="x" onmousemove="('comment',' That being part of his work. ');"><sup>13</sup></span> but not for the hirer. Our Rabbis taught: If one hires an ass for a man to ride upon it, It may not be ridden by a woman; if for a woman, it may be ridden by a man; and a woman [includes] both large and small, and even if pregnant or one giving suck.<span class="x" onmousemove="('comment',' I.e., if an ass is hired for a woman, any woman may ride upon it. ');"><sup>14</sup></span> Seeing that you permit a woman giving suck,<span class="x" onmousemove="('comment',' Which means with the child she is feeding (Rashi). ');"><sup>15</sup></span> is it necessary to state a pregnant woman? — R. Papa said: It means, even a pregnant woman who is at the same time feeding [another infant]. Abaye said: This proves that the weight of a fish depends on the size of its belly.<span class="x" onmousemove="('comment',' Since it is mentioned that a pregnant woman is heavier than another. ');"><sup>16</sup></span> What does this matter? — In respect of buying and selling.<span class="x" onmousemove="('comment',' If one buys a fish by weight, he should first have the belly removed. ');"><sup>17</sup></span>

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