Bava Metzia - Daf 60
- Mixing produce to deceive buyers
The next Mishnah states: אין מערבין פירות בפירות – [Sellers] may not mix produce from one field into produce from another field when selling him produce from the second field, even if both grains are equally new, and he certainly cannot mix new grain into old grain for a purchase of old grain (which produces more flour). One may mix strong wine into mild wine (where mild wine is being purchased), מפני שהוא משביחו – because [the strong wine] improves it. Sellers cannot mix sediment of wine into wine, but one may mix in its own sediment. Rav Nachman says the permit to mix strong wine into mild wine is only בין הגיתות – during the wine-production season, where they ferment together, but mixing afterwards is prohibited, because blending independently fermented wines is detrimental. The Gemara asks that sellers currently blend wines even after the wine-production season, and Rav Pappa says: דידעי וקא מחלי – because [buyers] know of it and agree. Alternatively, it follows Rebbe Acha’s opinion, who permits mixing foods בדבר הנטעם – with something tasted by the buyer before purchase, because he will detect it.
- Practices to attract customers, and improving the appearance of merchandise
In the next Mishnah, Rebbe Yehudah says: לא יחלק החנוני קליות ואגוזין לתינוקות – A storekeeper may not distribute toasted grain or nuts to the children, מפני שהוא מרגילן לבא אצלו – because he accustoms them to come to him. The Chochomim permit it, which the Gemara explains is because the other storekeepers can offer other treats, such as figs. The Tanna Kamma says one may not lower the price of his goods below the market price, because people will only buy from him, but the Chochomim say: זכור לטוב – he is remembered for good, which the Gemara explains because the wholesalers will follow his lead and lower their prices as well. Abba Shaul says one may not sift crushed beans to remove the refuse, because their improved appearance enables him to raise their price beyond the value of their removal. The Chochomim permit it, which the Gemara explains is based on Rebbe Acha, who permits improving merchandise’s appearance בדבר הנראה – through something visible, which the buyer realizes. However, they agree he may not sift only from the opening of the bin, giving the false impression that the whole bin is sifted, שאינו אלא כגונב את העין – because this does nothing but deceive the [buyer’s] eye.
- דאורייתא דנשך ותרבית חדא מלתא היא
The fifth Perek begins: איזהו נשך – what is a case of נשך (literally “biting”), implying the borrower’s loss, ואיזהו תרבית – and what is a case of תרבית (from the word “increase”), implying the lender’s profit? If one lends a sela (four dinarim) to be repaid five dinarim, or lends two סאה of wheat to be paid three, these loans are forbidden as נשך, מפני שהוא נושך – because he “bites” the borrower to pay more than he borrowed. The Mishnah describes תרבית as a case of putting down money to purchase produce to be given later, which the Gemara will explain on Daf 62b. This ribbis is only Rabbinically prohibited, and the Gemara says that because the Mishnah did not give a case of Biblical ribbis (through a loan): מכלל דאורייתא דנשך ותרבית חדא מלתא היא – this implies that Biblically, נשך and תרבית are one thing, and there is no case of one without the other (and the Mishnah’s first case constitutes תרבית as well as נשך). Rava eventually concludes that the Torah only divided them into two terms לעבור עליו בשני לאוין – so one should be liable for violating two prohibitions for these two concepts.
