Study Bava Metzia folio 40B with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.
Text Excerpt
דל תלתין ושיתא בשיתא, פשו ליה תריסר. דל תמניא שתותי, פשו להו ארבעה.
The Talmud now analyzes Rav Yehuda’s calculation: Subtract 36 pitchersful that were sold for 6 dinars each, with which he recoups the purchase price of the jug. 12 pitchersful remained for him. Subtract 8 pitchers full, which is 1/6th of the total amount, as that is the measure absorbed in the jugs. 4 pitchersful remained as profit for Rav Yehuda.
והאמר שמואל: המשתכר אל ישתכר יותר על שתות!
The Talmud asks: But doesn’t Shmuel say that one who profits from the sale of matters related to one’s existence may not profit more than 1/6th? One can infer that it is permitted for one to profit up to 1/6th. But according to the calculation, Rav Yehuda’s profit was much lower. Why did he not sell the oil at a higher price?
איכא גולפי ושמריא. אי הכי נפיש ליה טפי משתות? איכא טרחיה ודמי ברזנייתא.
The Talmud answers: There are the jug and the sediment to account for. These remain in his possession, as he purchased the jug and all its contents for 6 dinars, and they supplement the profit. The Talmud challenges: If so, once the jug and sediment are taken into account, the profit is greater than 1/6th. How did Rav Yehuda profit beyond the permitted amount? The Talmud answers: There is the payment for his exertion, as he sold the oil, and there is the payment for tapping, as a craftsman is needed to install a tap in the jug. When those payments are included in the calculation, the profit is precisely 1/6th.
אם היה שמן מזוקק אינו יוציא לו שמרים וכו׳. והא אי אפשר דלא בלע! אמר רב נחמן: במזופפין שנו. אביי אמר: אפילו תימא שלא במזופפין, כיון דטעון – טעון.
§ The Mishnah teaches: If it was refined oil, he does not deduct any of the oil for sediment. If they were stored in old casks that are already saturated, he does not deduct any of the oil for absorption. The Talmud asks: But isn’t it impossible that the cask did not absorb any oil at all, even if it was saturated? Rav Naḥman says: It is with regard to casks coated with pitch that the tanna’im taught the Mishnah, and if the cask is old and coated with pitch it does not absorb anything. Abaye said: Even if you say that the Mishnah is not referring to casks coated with pitch, once they are saturated they are saturated, and no more oil is absorbed.