Bava Metzia
Encyclopedia
Bava Metzia is the second of the first three Talmud
ic tractates in the order of Nezikin
("Damages"), the other two being Bava Kamma
and Bava Batra
. Originally all three formed a single tractate called Nezikin (torts or injuries), each Bava being a Part or subdivision. Bava Metzia discusses civil matters
such as property law
and usury
. It also examines one's obligations to guard lost property that have been found, or property explicitly entrusted
to him.
Bava Metzia contains 119 pages divided into ten chapters.
, how to take care of the property found the bigest keer ever was morah shifras, under what conditions the finder of a thing is bound to take care of it, and under what conditions he is not so obligated—all this is explained in the first two chapters. A trustee who takes no payment is only responsible for such loss of the entrusted property as has been caused through the trustee's negligence
("peshi'ah"). The mode of procedure in such cases, and the regulations concerning eventual fines, are treated in ch. ii. 1; all other laws concerning the responsibilities and the rights of the shomer ḥinnam are contained in ch. iii. 4-12.
).
Ch. v. deals with laws concerning interest, which have nothing in common with the laws concerning shomer ḥinnam beyond the fact that taking interest and cheating ("onaah" of chap. iv.) both consist of an illegal addition to what is actually due. The laws prohibiting the taking of interest are very severe, and extend to all business transactions that in any way resemble the taking of interest. The two terms for taking interest, "neshekh" (interest), and "tarbit" (increase), used in are explained and illustrated by examples (ch. v. 1-10). According to the Mishnah "the lender, who takes interest, the borrower who pays it, the witnesses, the security, and the clerk who writes the document, are all guilty of having broken the law concerning interest" (ch. v. 11). (See Usury
).
who undertakes to produce certain work out of a given material. If the material is spoiled, or the work produced is not according to agreement, he has to pay. As the hirer ("sokher") has the same liability as the shomer sakhar, some laws relating to the sokher are included in ch. vi. From the paid trustee the Mishnah passes over (ch. vii.) to the workman ("po'el") in general, and regulates the working time, the food, and also the rights of the workman to partake of the fruit of the field or vineyard while working there .
; of the relations between the tenant of a house and his landlord
, between the farmer of a field and its owner. Among the laws that regulate these relations are the following: If the tenant takes a house for a year, and the year happens to be a leap year
, the tenant occupies the house thirteen months for the same price. The tenant can not be turned out in the winter between the Feast of Tabernacles (Sukkot
) and Passover
, unless notice be given one month before the beginning of the winter. In large towns and for shops, one year's notice is required.
Sections 11 and 12 of chap. ix, taking up again the subject of hiring, regulate the various terms for paying the due wages (based on , and ). The last section of chap. ix. defines the rights of the creditor in accordance with .
The concluding chapter (x) regulates the relations between joint owners and neighbors, in dwellings and in fields. The last case mentioned is especially interesting as showing a highly developed state of agricultural jurisdiction in the Mishnaic days.
in Bava Metzia is divided into eleven chapters, which correspond to the ten chapters of the Mishnah in the following way: Chaps. i.-ii. correspond to chaps. i.-ii. of the Mishnah; chap. iii. to chaps. iii.-iv. of the Mishnah; chaps. iv.-vi. to chap. v. of the Mishnah; chap. vii.—which begins "he who hires workmen" ("po'alin") instead of "he who hires artisans" ("umanin") to Mishnah vi. 1; and chap. viii. correspond to chaps. vi.-viii. of the Mishnah; chaps. ix.-x. to chap. xi.; chap. xi. to chap. x. of the Mishnah.
The Gemara
, in explaining the laws of the Mishnah, discusses a variety of kindred problems, especially the Babylonian Gemara; the Jerusalem being very meager in this respect. Rabbi Zeira, coming from Babylonia
to Jerusalem, is said to have fasted
a hundred times within a certain period of time, praying that he might forget the Babylonian Gemara, and fully grasp the teachings of Rabbi Johanan, the Jerusalem master (B. M. 85a). According to Rashi
, the rabbis of Jerusalem were not of a contentious disposition, and settled difficulties without much discussion (compare p. 38b: "Are you from Pumbedita
, where they make an elephant pass through the eye of a needle?").
Talmud
The Talmud is a central text of mainstream Judaism. It takes the form of a record of rabbinic discussions pertaining to Jewish law, ethics, philosophy, customs and history....
ic tractates in the order of Nezikin
Nezikin
For Jewish law on damages, see Damages Nezikin or Seder Nezikin is the fourth Order of the Mishna...
("Damages"), the other two being Bava Kamma
Bava Kamma
Bava Kamma is the first of a series of three Talmudic tractates in the order Nezikin that deal with civil matters such as damages and torts...
and Bava Batra
Bava Batra
Bava Batra is the third of the three tractates in the Talmud in the order Nezikin; it deals with a person's responsibilities and rights as the owner of property. It is part of Judaism's oral law...
. Originally all three formed a single tractate called Nezikin (torts or injuries), each Bava being a Part or subdivision. Bava Metzia discusses civil matters
Civil code
A civil code is a systematic collection of laws designed to comprehensively deal with the core areas of private law. A jurisdiction that has a civil code generally also has a code of civil procedure...
such as property law
Property law
Property law is the area of law that governs the various forms of ownership in real property and in personal property, within the common law legal system. In the civil law system, there is a division between movable and immovable property...
and usury
Usury
Usury Originally, when the charging of interest was still banned by Christian churches, usury simply meant the charging of interest at any rate . In countries where the charging of interest became acceptable, the term came to be used for interest above the rate allowed by law...
. It also examines one's obligations to guard lost property that have been found, or property explicitly entrusted
Shomer
A shomer in Halacha is a Jewish legal guardian, entrusted with the custody and care of another's object.The laws of shomrim are derived from the Torah in Shemot 22:6-14...
to him.
Bava Metzia contains 119 pages divided into ten chapters.
Honorary trustee ("Shomer Ḥinnam" chaps. i-v)
An honorary trustee is one who finds lost property. He has to keep it as " shomer ḥinnam" until he can restore it to the rightful owner . The regulations as to what constitutes finding, what to do with the things found, how to guard against false claimantsPlaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
, how to take care of the property found the bigest keer ever was morah shifras, under what conditions the finder of a thing is bound to take care of it, and under what conditions he is not so obligated—all this is explained in the first two chapters. A trustee who takes no payment is only responsible for such loss of the entrusted property as has been caused through the trustee's negligence
Negligence
Negligence is a failure to exercise the care that a reasonably prudent person would exercise in like circumstances. The area of tort law known as negligence involves harm caused by carelessness, not intentional harm.According to Jay M...
("peshi'ah"). The mode of procedure in such cases, and the regulations concerning eventual fines, are treated in ch. ii. 1; all other laws concerning the responsibilities and the rights of the shomer ḥinnam are contained in ch. iii. 4-12.
Sale and Trust (chap. iv)
Contains various laws concerning sale and exchange. The mere payment of money does not constitute the sale; and the buyer may legally cancel the sale and claim the return of the money, unless he has "drawn" the thing bought away from its place: this "drawing" ("meshikah") makes the sale final. Until such act is performed the seller is to some extent a shomer ḥinnam of the money paid. Similarly may the buyer become a shomer ḥinnam of the thing bought, if, on finding that he has been cheated, he wants to cancel the sale, to return the thing bought, and to claim the money back. What constitutes cheating ("onaah") is defined in the course of this chapter. (See AlienationTitle (property)
Title is a legal term for a bundle of rights in a piece of property in which a party may own either a legal interest or an equitable interest. The rights in the bundle may be separated and held by different parties. It may also refer to a formal document that serves as evidence of ownership...
).
Ch. v. deals with laws concerning interest, which have nothing in common with the laws concerning shomer ḥinnam beyond the fact that taking interest and cheating ("onaah" of chap. iv.) both consist of an illegal addition to what is actually due. The laws prohibiting the taking of interest are very severe, and extend to all business transactions that in any way resemble the taking of interest. The two terms for taking interest, "neshekh" (interest), and "tarbit" (increase), used in are explained and illustrated by examples (ch. v. 1-10). According to the Mishnah "the lender, who takes interest, the borrower who pays it, the witnesses, the security, and the clerk who writes the document, are all guilty of having broken the law concerning interest" (ch. v. 11). (See Usury
Usury
Usury Originally, when the charging of interest was still banned by Christian churches, usury simply meant the charging of interest at any rate . In countries where the charging of interest became acceptable, the term came to be used for interest above the rate allowed by law...
).
A paid trustee ("Shomer Sakhar", chaps. vi-vii)
A paid trustee is liable to pay for all losses except those caused by an accident ("ones"). He has to swear that such an accident happened, and is thereupon free from payment (ch. vii. 8-10). The example given in the Mishnah of shomer sakhar is that of an artisanArtisan
An artisan is a skilled manual worker who makes items that may be functional or strictly decorative, including furniture, clothing, jewellery, household items, and tools...
who undertakes to produce certain work out of a given material. If the material is spoiled, or the work produced is not according to agreement, he has to pay. As the hirer ("sokher") has the same liability as the shomer sakhar, some laws relating to the sokher are included in ch. vi. From the paid trustee the Mishnah passes over (ch. vii.) to the workman ("po'el") in general, and regulates the working time, the food, and also the rights of the workman to partake of the fruit of the field or vineyard while working there .
Borrower ("Shoel", chap. viii.1-3)
A borrower or hirer is liable to pay for every kind of loss, including loss through accident, except "if the lender is with him" ; that is, according to the traditional interpretation, if the lender was likewise at work with him, for payment or without payment.Hirer ("Sokher", chap. viii.6)
The laws of sokher having been given in chap. vi., as far as movable property is concerned, sections 6-9 of chap. viii. and 1-10 of chap. ix. treatment of the soker regarding immovable propertyImmovable property
Immovable property is an immovable object, an item of property that cannot be moved without destroying or altering it - property that is fixed to the Earth, such as land or a house. In the United States it is also commercially and legally known as real estate and in Britain as property...
; of the relations between the tenant of a house and his landlord
Landlord
A landlord is the owner of a house, apartment, condominium, or real estate which is rented or leased to an individual or business, who is called a tenant . When a juristic person is in this position, the term landlord is used. Other terms include lessor and owner...
, between the farmer of a field and its owner. Among the laws that regulate these relations are the following: If the tenant takes a house for a year, and the year happens to be a leap year
Leap year
A leap year is a year containing one extra day in order to keep the calendar year synchronized with the astronomical or seasonal year...
, the tenant occupies the house thirteen months for the same price. The tenant can not be turned out in the winter between the Feast of Tabernacles (Sukkot
Sukkot
Sukkot is a Biblical holiday celebrated on the 15th day of the month of Tishrei . It is one of the three biblically mandated festivals Shalosh regalim on which Hebrews were commanded to make a pilgrimage to the Temple in Jerusalem.The holiday lasts seven days...
) and Passover
Passover
Passover is a Jewish holiday and festival. It commemorates the story of the Exodus, in which the ancient Israelites were freed from slavery in Egypt...
, unless notice be given one month before the beginning of the winter. In large towns and for shops, one year's notice is required.
Sections 11 and 12 of chap. ix, taking up again the subject of hiring, regulate the various terms for paying the due wages (based on , and ). The last section of chap. ix. defines the rights of the creditor in accordance with .
The concluding chapter (x) regulates the relations between joint owners and neighbors, in dwellings and in fields. The last case mentioned is especially interesting as showing a highly developed state of agricultural jurisdiction in the Mishnaic days.
Tosefta and Gemara
The ToseftaTosefta
The Tosefta is a compilation of the Jewish oral law from the period of the Mishnah.-Overview:...
in Bava Metzia is divided into eleven chapters, which correspond to the ten chapters of the Mishnah in the following way: Chaps. i.-ii. correspond to chaps. i.-ii. of the Mishnah; chap. iii. to chaps. iii.-iv. of the Mishnah; chaps. iv.-vi. to chap. v. of the Mishnah; chap. vii.—which begins "he who hires workmen" ("po'alin") instead of "he who hires artisans" ("umanin") to Mishnah vi. 1; and chap. viii. correspond to chaps. vi.-viii. of the Mishnah; chaps. ix.-x. to chap. xi.; chap. xi. to chap. x. of the Mishnah.
The Gemara
Gemara
The Gemara is the component of the Talmud comprising rabbinical analysis of and commentary on the Mishnah. After the Mishnah was published by Rabbi Judah the Prince The Gemara (also transliterated Gemora or, less commonly, Gemorra; from Aramaic גמרא gamar; literally, "[to] study" or "learning by...
, in explaining the laws of the Mishnah, discusses a variety of kindred problems, especially the Babylonian Gemara; the Jerusalem being very meager in this respect. Rabbi Zeira, coming from Babylonia
Babylonia
Babylonia was an ancient cultural region in central-southern Mesopotamia , with Babylon as its capital. Babylonia emerged as a major power when Hammurabi Babylonia was an ancient cultural region in central-southern Mesopotamia (present-day Iraq), with Babylon as its capital. Babylonia emerged as...
to Jerusalem, is said to have fasted
Fasting
Fasting is primarily the act of willingly abstaining from some or all food, drink, or both, for a period of time. An absolute fast is normally defined as abstinence from all food and liquid for a defined period, usually a single day , or several days. Other fasts may be only partially restrictive,...
a hundred times within a certain period of time, praying that he might forget the Babylonian Gemara, and fully grasp the teachings of Rabbi Johanan, the Jerusalem master (B. M. 85a). According to Rashi
Rashi
Shlomo Yitzhaki , or in Latin Salomon Isaacides, and today generally known by the acronym Rashi , was a medieval French rabbi famed as the author of a comprehensive commentary on the Talmud, as well as a comprehensive commentary on the Tanakh...
, the rabbis of Jerusalem were not of a contentious disposition, and settled difficulties without much discussion (compare p. 38b: "Are you from Pumbedita
Pumbedita
Pumbedita was the name of a city in ancient Babylonia close to the modern-day city of Fallujah....
, where they make an elephant pass through the eye of a needle?").