Bava Metzia 40 - April 8, 29 Adar 2

Today's daf is sponsored by Sara Berelowitz in honor of the engagement of Sara's daughter, Estie Brauner, to Tina Lamm's nephew, Jason Ast. May we have many more Hadran family smachot! After Mari bar Isak's 'brother' brought witnesses, Rav Chisda ruled that the brother could receive his portion. Rav Chisda also ruled that the brother could receive 50% of the profits from Mari's investment in the land after the father's death, based on a Mishna in Bava Batra 143b. Abaye and Rabbi Ami raised difficulties with the latter's ruling. Rav Chisda responds and answers Rabbi Ami's question. If one gives a shomer produce to watch, the shomer can deduct a certain amount when returning the produce as one can assume that mice ate some or that some was lost over time. What percentage? The calculation is based on the item in question, the amount of time it was being watched, and the quantity. Rabbi Yochanan ben Nuri holds that quantity is not a factor as mice eat the same amount regardless of how much is in the pile. The Tosefta limits these laws to a case when the shomer mixed the produce with his/her produce. Rabbi Yehuda holds that if the shomer watched a large measure of produce, the depreciation would be offset by the expansion of the grains. Based on an alternate reading of a braita, Rav Nachman limits this to a particular case where the grains were given to be watched in the summer and returned in the winter. How much deduction is there for oil and wine? On what point does Rabbi Yehuda disagree with the rabbis regarding deducting the sediment in oil? What is the basis of their debate? The Gemara brings two different suggestions.