Bava Batra 88

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Apr 202017
 

The gemara brings another two possibilities of how to understand the mishna and concludes that the last one is correct – that it is a case where the store owner used the father’s flask for measuring for others and he became a borrower who borrows without asking permission from the owner.  The debate in the mishna is – do we view this kind of borrower as a borrower (who does not assume responsibility once the item is return to the place it was borrowed from) or do we treat him like a thief who is responsible until the item is returned to the original owner (or to a safe place).  The gemara explains more in details Shmuel’s law that one who picks up an item to purchase is responsible for accidental damages.  How often does one need to clean his measuring cups?  It depends if he is the wholesaler, a homeowner, or a storekeeper.  Details regarding a storekeeper and his weights are discussed – there is a law based on a verse from the Torah that one needs to side a bit on the side of the buyer (and add a bit extra that then exact measurement).  How much does one need to add?  How much does it depend on the prevalent custom in that area?  A discussion of measuring the seriousness of the laws of weights and measurements is discussed as the gemara compares it to illicit relations.

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