The Weekly Daf - #48 Bava Basra 79-85 Week of 3-9 Shevat 5755 / 4-10 January 1995 By Rabbi Mendel Weinbach, Dean, Ohr Somayach Institutions =========================================================================== This issue is dedicated in honor of Judy & Peter Sheldon Sandra & Stephen Seltzer of Westcliff, England and of Roslyn Heights, New York on the engagement of their children Ella Sheldon and Lev Seltzer =========================================================================== A Question of Quality The Case: Reuven contracts to sell Shimon good quality wheat. When it arrives, Shimon discovers that he has received poor quality wheat. The Scenarios: 1) Shimon wants to back out of the deal and Reuven wants to hold him to it. 2) Reuven learns that the price of wheat has suddenly shot up and he wishes to back out of the deal so that he can sell at a higher price, but Shimon insists on the sale being final. The Rule: Shimon may back out because he has been deceived. Reuven cannot back out because he is the victim of market circumstances, not deception. Should the reverse have taken place -- Reuven contracts to sell poor quality wheat and Shimon receives good quality -- then the reverse will be the rule: Reuven can back out because he is the victim of deception but Shimon cannot back out even if a sudden drop in the price of wheat makes it worthwhile for him to do so. The Problem: The rule is that if Reuven contracts to sell red wheat to Shimon and it turns out to be white wheat either of them has the right to back out and demand his money back. Why is backing out only a unilateral privilege when quality is the issue and bilateral when it comes to two kinds of wheat? The Resolution: In regard to quality it is assumed that everyone prefers good quality to poor. When Shimon ordered a good quality and received a poor one he is considered as having been deceived and can nullify the deal. Reuven, on the other hand, was interested in retaining his better quality grain and passing off the poor quality to Shimon. Since he achieved this with his delivery he cannot invalidate the deal. But in regard to two different varieties of grain, some people prefer red and others white. When Reuven and Shimon contract for the sale of red wheat, each of them may subsequently claim that he was not interested in the way the sale turned out -- Reuven because he wanted to dispose of red wheat, not white, and Shimon because he wanted to acquire red wheat, not white. Bava Basra 83b =========================================================================== A Tale of Two Trees A tzadik -- a righteous man -- is compared by King David (Psalm 92:13) to both the date palm and the cedar trees. Just as the date palm yields fruit, so does the tzadik enjoy the fruits of his good deeds in the World to Come. Just as the cedar has the capacity to grow back even when it is chopped, so does the tzadik bounce back from a setback and so does he leave behind posterity like himself when he leaves this world. Bava Basra 80b =========================================================================== Ohr Somayach Institutions is an international network of Yeshivot and outreach centers, with branches in North America, Europe, South Africa and South America. The Central Campus in Jerusalem provides a full range of educational services for over 685 full-time students. The Jewish Learning Exchange (JLE) of Ohr Somayach offers summer and winter programs in Israel that attract hundreds of university students from around the world for 3 to 8 weeks of study and touring. =========================================================================== This publication is available via FAX and REGULAR POST within Israel. For information, please send E-Mail to ohr@jer1.co.il or send a fax to 972-2-812890 with your name & fax number, or write to the address below. =========================================================================== Dedication opportunities are available for The Weekly Daf Please contact us for details. =========================================================================== Jewish L EEEEEEEE Prepared by Ohr Somayach Institutions J L E 22 Shimon Hatzadik Street, POB 18103 J L Exchange Jerusalem 91180, Israel J J L E Tel: 02-810315 Fax: 02-812890 JJJJ Learning EEEEEEEE Internet: ohr@jer1.co.il =========================================================================== (C) 1994 Ohr Somayach International - All rights reserved. This publication may be distributed to another person intact without prior permission. We also encourage you to include this material in other publications, such as synagogue newsletters. However, we ask that you contact us beforehand for permission, and then send us a sample of an issue.