Commentary for Bava Metzia 159:10

ת"ש להביא לתך חטין והביא

<b><i>MISHNAH</i></b>. IF A MAN HIRES AN ASS FOR BRINGING [A CERTAIN QUANTITY OF] WHEAT, AND HE BRINGS WITH IT [AN EQUAL WEIGHT OF] BARLEY INSTEAD, HE IS RESPONSIBLE.<span class="x" onmousemove="('comment',' If the ass breaks down or is injured by the load. Barley is lighter than wheat, therefore an equal weight of barley is bulkier, and that imposes a greater strain on the ass. ');">⁹</span> [FOR CARRYING] CORN, AND HE BRINGS WITH IT STRAW, HE IS LIABLE [FOR DAMAGE]. BECAUSE BULK IS [AS GREAT] A STRAIN AS WEIGHT;<span class="x" onmousemove="('comment',' Therefore a greater bulk imposes a greater strain. ');">¹⁰</span> TO BRING A <i>LETHECH</i><span class="x" onmousemove="('comment',' Half a kor. ');">¹¹</span> OF WHEAT, AND HE BRINGS WITH IT A <i>LETHECH</i> OF BARLEY, HE IS EXEMPT.<span class="x" onmousemove="('comment',' The bulk being the same, and the weight less. ');">¹²</span> BUT IF HE INCREASES THE WEIGHT, HE IS LIABLE. BY HOW MUCH MUST HE INCREASE IT IN ORDER TO BE LIABLE? SYMMACHUS SAID ON R. MEIR'S AUTHORITY: BY A SEAH IN THE CASE OF A CAMEL, AND THREE <i>KABS</i> IN THE CASE OF AN ASS. <b><i>GEMARA</i></b>. It has been stated: Abaye said: We learnt, IS [AS GREAT] A STRAIN AS WEIGHT; Raba said: We learnt, IS A STRAIN [WHEN ADDED TO] WEIGHT. [Thus:] 'Abaye said: We learnt, IS [AS GREAT] A STRAIN AS WEIGHT:' bulk is equal to weight; therefore if he added three <i>kabs</i> [the bulk being equal], he is liable. 'Raba said: We learnt, IS A STRAIN [WHEN ADDED TO] WEIGHT: i.e., the weight being equal, the [greater] bulk is an additional strain.<span class="x" onmousemove="('comment',' [Where however the bulk is equal, an additional weight of three kabs of barley involves no liability.] ');">¹³</span> We learnt: TO BRING A <i>LETHECH</i> OF WHEAT, AND HE BRINGS A <i>LETHECH</i> OF BARLEY, HE IS EXEMPT. BUT IF HE INCREASES THE WEIGHT, HE IS LIABLE. Surely that means, by three <i>kabs</i>?<span class="x" onmousemove="('comment',' Though even there, the total weight is less. This refutes Raba. ');">¹⁴</span> — No. It means by a <i>se'ah</i>.<span class="x" onmousemove="('comment',' Whereby the weights are equalised. ');">¹⁵</span> But thereon it is stated, BY HOW MUCH MUST HE INCREASE IT, IN ORDER TO BE LIABLE? — SYMMACHUS SAID ON R. MEIR'S AUTHORITY: A <i>SE'AH</i> IN THE CASE OF A CAMEL, AND THREE <i>KABS</i> IN THE CASE OF AN ASS! — It is thus meant: But if he did not alter [the terms of hiring]. I.e., [he engaged to] bring wheat, and brought wheat; barley, and brought barley: BY HOW MUCH MUST HE INCREASE IT [SC. THE WHEAT], IN ORDER TO BE LIABLE? — SYMMACHUS SAID ON R. MEIR'S AUTHORITY: BY A <i>SE'AH</i> IN THE CASE OF A CAMEL, AND THREE <i>KABS</i> IN THE CASE OF AN ASS. Come and hear: [It has been taught: If he hired an ass] to bring a <i>lethech</i> of wheat, and he brought

Explore commentary for Bava Metzia 159:10. In-depth commentary and analysis from classical Jewish sources.