JUDAICA - Wisdom In Torah

guard produce (but do not work with it) to partake of the food
is the occasion to introduce an ancient Mishnah delineating
the laws of the four kinds of guardian: an unpaid guardian,
a borrower, a paid guardian, and a hirer (Ex. 22:6–14). The
beginning of chapter 8 continues the subject of guardians,
specifically elaborating on Exodus 22:14 – that the borrower
of an animal may not be liable for payment on unavoidable
accidents when he had also borrowed or hired the personal
services of the lender. The chapter closes with laws of renting
houses (related to “hiring” above).
Chapter 9 opens with a related issue: leasing of a field
where the lessee gives the owner a percentage of the produce,
or a fixed amount of produce, instead of rental money. The
last two parts of the chapter complement laws found earlier in
the tractate; they deal with the duty to pay employees promptly
and limitations of the creditor’s right to exact a pledge from
the borrower. The religio-moral tone of this section is typical
of the close of a unit. Chapter 10 does indeed open a
new topic, the ownership of real estate (continued through
*Bava Batra), and deals basically with the property rights
of neighbors whose properties are situated one above the
other.
Among several aggadic passages in Bava Meẓia, the section
beginning at the bottom of 59a is of special interest. R.
Eliezer’s arguments regarding the purity of a certain oven did
not convince his colleagues. He then called for a series of miraculous
acts to vindicate him. Although heavenly interventions
were forthcoming, the miracles were deemed valueless
in settling legal disputes. R. Eliezer then declared,” If the law
is according to my opinion, may it be proved from heaven.”
A heavenly voice (*bat kol) issued forth saying, “Why do you
challenge R. Eliezer, for the law is according to his opinion in
all matters?” Whereupon R. Joshua rose and declared, “It is
not in the heavens” (Deut. 30:12) “… since the giving of the
Torah at Mt. Sinai, no attention is paid to a heavenly voice, but
the opinion of a majority of the scholars determines authentic
law.” An English translation of the Talmud was made by S.
Daiches and H. Freedman (Soncino edition, 1935). A students’
edition, vocalized, with translation, commentary and notes in
English, appeared as part of the Talmud El-Am.
[Shamma Friedman]
The Tosefta of Bava Meẓia contains 11 chapters. The beraitot
in the Tosefta, in addition to giving supplementary and
sometimes parallel passages to the Mishnah, also contain
much more material than the Mishnah, dealing with entire
subjects not mentioned in it.
Chapter I of the Tosefta parallels chapter 1 of the Mishnah,
but it ends with a series of laws dealing with deeds and surety.
They begin with the words (1:15), “if two have hold of a bill,
the one saying it is mine but I lost it” etc., which are directly
connected with the main subject of the chapter; since the
editor did not want to fragment the source, he gives it in full
on account of the first halakhah. Chapter 2 parallels Mishnah
chapter 2, but from its last halakhah (33) it can be inferred
bava meẒia
to whom lost property need not be returned – “heretics,
apostates, and informers” (cf. Av. Zar. 26b; and see Ch. Albeck,
Meḥkarim be-Varaita ve-Tosefta, 1944, 138 n.4). Chapter
3:1–12, parallels chapter 3 of the Mishnah, and 3:13–29 parallels
chapter 4 of the Mishnah. Chapter 5 of the Mishnah dealing
with interest is paralleled by chapters 4–6 of the Tosefta.
Tosefta 7:1–14 parallels 6:1–5 of the Mishnah, dealing with
ona’ah in the hiring of laborers and cattle and the requirement
not to deviate from traditional custom in the conditions
of hire; while Tosefta 7:14–19 parallels Mishnah 6:6–8,
dealing with the halakhot of craftsmen in respect of guarding
articles in their care. It is probable that this chapter preserves
richer and more original sources than those contained
in the Mishnah.
Chapter 8:1–12, parallelling Mishnah 7:1–7, deals with
the duties and rights of laborers, as well as the rights of cattle
employed in work (in respect of eating the produce). Tosefta
8:13–26 deals with the four bailees and parallels Mishnah
7:8–8:5, but here too the Tosefta appears to preserve a more
original order. It is not clear whether Tosefta 8:25–26 was
brought in because of the previous cases of conflicting statements
by the two litigants or whether it is merely the supplement
of the body of halakhot in 7:1–14. Tosefta 8:27–33 parallels
Mishnah 8:6–9 and discusses the laws of the hiring and
borrowing of houses, inns, and shops. Tosefta chapter 9 deals
with hiring and the renting and tenant-hiring of fields. (The
Mishnah has nothing on hiring, whereas from the Tosefta the
connection [in the Mishnah] between the renting of houses
and the leasing of fields becomes clear.) Chapter 10:1 (“He
who lends to his fellow”) may be a supplement to the previous
chapter (9:14, 20–21: “one may not deviate from local custom”)
or it may have been brought in because of the laws which follow
dealing with remuneration for hire. Tosefta 10:2–7, dealing
with the laws of hired men and their hire, parallels accordingly
Mishnah 9:11–12, and subsequently 8–11 parallels
Mishnah 9:13 in dealing with the taking of a pledge. Tosefta
chapter 11, dealing with the laws of partners and neighbors,
parallels chapter 10 of Mishnah Bava Meẓia together with
chapter 1 of Bava Batra.
[Moshe David Herr]
Aside from the regular editions, commentaries and translations,
Bava Meẓia has received special scholarly attention with
the publication of a new critical edition of the Jerusalem Talmud
of Massekhet Nezikin, edited by E.S. Rosenthal with commentary
by S. Lieberman, and the monumental work Talmud
Arukh, Talmud Bavli Bava Meẓia VI, by Shamma Friedman.
[Stephen G. Wald (2nd ed.)]
Bibliography: Epstein, Amora’im, 279–87; D. Daube, in: Tulane
Law Review, 18 (1944), 377ff.; Ch. Albeck, Shishah Sidrei Mishnah,
4 (1959), 57–63; A. Weiss, Diyyunim u-Verurim be-Vava Kamma
(1966), 10–16, 26; B. De Vries. Meḥkarim be-Sifrut ha-Talmud (1968),
96–101; S. Albeck, in: Sinai, 62 (1968), 229ff. Add. Bibliography:
Yerushalmi Nezikin, ed. E.S. Rosenthal (1983); S. Friedman, Talmud
Arukh, TB Bava Meẓia VI (vol. 1. 1990, vol. 2 1996).
ENCYCLOPAEDIA JUDAICA, Second Edition, Volume 3 227