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1 ‎[1] By contrast, **here,** the matter is **not in his power** to determine whether or not to buy the wine, as perhaps the owner will not sell it to him.
‎[2] § **Rava said:** In the case of **these three** people **who gave money to one** individual in order for him **to purchase an item for them and** he **purchased** the item **for** only **one of them,** he **has** actually **purchased** it **for all of them.** All three share ownership of that which was purchased, and the one for whom the item was purchased does not have any additional claim on the merchandise. **And we said** this ruling **only** when the agent **did not wrap up and seal each person’s** money **separately** but rather put all of the money in one bundle. **But** if **he wrapped up and sealed each person’s** money **separately** and spent the money of only one of them, **he purchased** the item only **for the one for whom he purchased** it, **and he did not purchase** the item **for those for whom he did not purchase** it.
‎[3] **Rav Pappi said in the name of Rava:** In **this** case of labeling an item with **a marker [*situmta*],** which was commonly used to indicate that specific merchandise had been sold, even though the buyer had not yet paid and the item was still located in the seller’s warehouse, the labeling **effects acquisition** of the merchandise for the buyer. The Gemara asks: **With regard to what *halakha*** was this said? What is the significance of this acquisition? **Rav Ḥaviva said:** It means **to actually effect acquisition,** in other words, that the merchandise belongs to the buyer for all intents and purposes.
‎[4] But **the Rabbis said:** It effects acquisition only concerning a case where one of the parties withdraws from the transaction and is required **to accept upon himself** the curse of: **He Who exacted payment** from the people of the generation of the flood, and from the people of the generation of the dispersion, i.e., that of the Tower of Babel, will in the future exact payment from whoever does not stand by his statement (see 44a). The court does not force the parties to complete the transaction but applies the curse to the one who withdraws for his lack of integrity.
‎[5] The Gemara concludes: **And the *halakha*** is that a marker effects the acquisition of the item only in that one who withdraws from the transaction is required **to accept upon himself** the curse: **He Who exacted payment.** But **in a place where the custom is that it actually effects** the **acquisition** of the item, **it** actually **effects acquisition** of it, as the *halakha* recognizes the legitimacy of the local custom.
‎[6] § The mishna teaches that if the seller **was first among the reapers,** he may set a price with the buyer only when the produce he has is ready for delivery. **Rav says:** If only **two** actions needed to complete the labor to prepare the produce were **lacking, he may set** a price, as the produce is viewed as if it had already been prepared. But if **three** actions were lacking, **he may not set** a price, as the item is still not considered prepared, and the setting of a price in advance creates a concern of interest. **And Shmuel says:** If the actions needed to complete the labor are to be performed **by human hands,** then **even** if **one hundred** actions were lacking, **he may set** a price, but if the necessary actions must be accomplished **by the hand of Heaven,** then **even** if **one** action is lacking, **he may not set** a price.
‎[7] The Gemara challenges Rav’s opinion. **We learned** in the mishna **that he may set** a price **on a stack** of grain. **But** there are still several actions that are **lacking: Placing it in the sun to dry, and threshing, and winnowing.** There are three actions that are lacking, and yet the mishna rules that he may set a price. The Gemara responds: The mishna is discussing a case **where he** already **placed it in the sun and it dried.** Consequently, there are only two actions that are lacking.
‎[8] The Gemara asks: **And according to Shmuel, who says:** If the actions remaining are to be accomplished **by the hand of Heaven even** if only **one** action is lacking **he may not set** a price, how does he explain the mishna? In the case of the mishna the produce **is lacking winnowing, which is** done **by the hand of Heaven,** since winnowing can be done only when there is wind. The Gemara answers: **It is possible** to winnow **with sieves** when the wind is not blowing. Although this is done only in exigent circumstances, since it is possible to perform the action entirely by human hands, it is permitted to set a price.
‎[9] The mishna teaches that one may set a price **for** a large **basket of grapes.** Based on this, the Gemara challenges the opinion of Rav: **But** there are still several actions that are **lacking: Warming** in a stack, **bringing** the grapes **to the winepress, treading** upon them, **and drawing** the wine out into the pit where it is stored. The Gemara answers: This can be explained **as Rabbi Ḥiyya teaches,** concerning a difficulty raised from the next clause of the mishna, that the mishna is not discussing setting a price on olives immediately after they were picked but rather **for a stack [*hakomer*] of** warmed **olives,** and **here also,** it is speaking about a price **for a stack of** warmed **grapes.**
‎[10] The Gemara challenges: **But** there are **three** actions that are **lacking.** The Gemara explains: The mishna is discussing **a place where** the local custom is that **the one who purchases** the grapes is **the one who draws** the wine out of the winepress. Consequently, there are only two actions remaining to complete the labor before the merchandise will be ready for purchase.
‎[11] The mishna teaches that one may set a price **for a vat of olives.** Based on this, the Gemara challenges the opinion of Rav: **But** there are still several actions that are **lacking: Warming** the olives in a stack, **bringing** the olives **to the olive press, pressing** them, **and drawing** the oil out into the pit where it is stored. The Gemara answers: **Rabbi Ḥiyya teaches** a *baraita* with a different version of the statement, which reads: **For a stack of olives** that has already been warmed. The Gemara challenges: **But there are three** actions that are lacking: Bringing the olives to the olive press, pressing them, and drawing the oil. The Gemara explains: The mishna is discussing **a place where** the local custom is that **the one who purchases** the olives is **the one who draws** the oil.
‎[12] The mishna teaches that one may set a price **for the clumps** of clay prepared for use **by a potter.** Based on this, the Gemara challenges the opinion of Rav: **Why** is this permitted? **But** there are still several actions that are **lacking: Rolling** them out to the proper size, **drying** them, **putting** them **into the kiln, burning** them, **and removing** them from the kiln. The Gemara answers: The mishna is discussing a case **where they were** already **rolled and dried.** The Gemara challenges: **But there are three** actions that are lacking. The Gemara explains: The mishna is discussing **a place where** the local custom is that **the one who purchases** the clumps of clay is **the one who removes** them from the kiln.
‎[13] The mishna teaches that one may set a price **for plaster after he has sunk it in the kiln.** Based on this, the Gemara challenges the opinion of Rav: Why is this permitted? **But** there are still several actions that are **lacking: Burning** it, **and removing** it from the kiln, **and grinding** it. The Gemara answers: The mishna is discussing **a place where** the local custom is that **the one who purchases** the plaster is **the one who grinds** it. The Gemara asks: **And** according to the opinion **of Shmuel, who says** that if all actions that remain are to be done **by human hands even** if **one hundred** actions are lacking **one may set** a price, **why do I** need the statement that this applies only **after he has sunk it in the kiln?** The Gemara answers: **Say: When it is fit to be sunk in the kiln.**
‎[14] § The mishna teaches that one may set a price **for the clumps** of clay prepared for use **by a potter. The Sages taught:** One **may not set** a price **for the clumps of** clay prepared for use by **a potter until they are** fully **formed;** this is **the statement of Rabbi Meir. Rabbi Yosei says: In what** case **is this statement said?** It is said **with regard to white earth** from which superior clay pottery is made, **but with regard to** the simple and inexpensive **black earth,** from which ordinary clay pottery is made, **such as** that of **Kefar Ḥananya and its environs,** or that of **Kefar Shiḥin and its environs,** one **may set** a price immediately, since **even if this one does not** have any in his possession, **that one does have** it, as black earth is a common commodity.
‎[15] The Gemara relates: **Ameimar gave money** to a seller of clumps of clay only **from** the time that **the clay was brought into** his house. **In accordance with whose** opinion did he act? **If** he acted **in accordance with** the opinion of **Rabbi Meir, doesn’t** Rabbi Meir **say** that one may not set a price **until they are** fully **formed,** but there is no need to wait until the merchandise is delivered to his house? And **if** he acted **in accordance with** the opinion of **Rabbi Yosei, doesn’t** Rabbi Yosei **say** that one may set a price at any time, as **even though this one does not have** any, **that one** does **have** it? The Gemara answers: **Actually,** he ruled **in accordance with** the opinion of **Rabbi Yosei,** but **in Ameimar’s locale earth** suitable for making clay **was scarce,** so much so that even black clay was not common. Consequently, **if the clay was brought into** his house, **he relied on this and gave** the seller **the money, but if not, he did not rely** on it.
‎[16] § The mishna teaches that **one may set** a price **with him for manure** on **any** of **the days of the year,** and that Rabbi Yosei permitted this only if he already had a pile of manure in his dunghill, whereas the Rabbis permitted it in all cases. The Gemara asks: The statement of **the Rabbis is** identical to the statement of **the first *tanna*,** so what is the reason to repeat it? **Rava said:**
Mishneh Torah, Creditor and Debtor
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