The audio shiur is in the works.
- Why Abba Shaul ben Botnis prepared his measures the night before
The next Mishnah relates that Abba Shaul ben Botnis would fill his measures before Yom Tov and give them to his customers on Yom Tov. Rashi explains that it is prohibited to measure on Yom Tov, since measuring gives the appearance of making a sale in a weekday manner. Abba Shaul said that Abba Shaul ben Botnis would do so even on Chol HaMoed מפני ברורי המדות – because of the foaming of the measures. When one spills wine from a large container into a measure, foam forms at the top of the measure. In order to give the customer a completely full measure, one must wait for the foam to subside and then top off the measure with more wine. Since time was at a premium on Chol HaMoed, he would make sure to fill the measures the night before so time would not be wasted for the foam to subside. The Chochomim said that even on a weekday he would do so, מפני מצוי המדות – because of the draining of the measures. Rashi explains that liquids such as oil, tend to cling to the walls of the measuring cup because of their viscosity. Abba Shaul ben Botnis would allow the oil to drip out overnight so his customers would get their full measure. A Baraisa notes that he would do this for Chol HaMoed business because of ביטול בית המדרש – He was busy learning and did not have time during the day to wait for the foam to settle.
- What Abba Shaul ben Botnis did with the surplus wine and oil they had collected
The Gemara brings a Baraisa that relates that Abba Shaul ben Botnis and his colleagues brought many barrels of wine and oil they had collected from the surplus foaming wine and draining oil to the gizbarim (Temple treasurers) in Yerushalayim because they did not want to retain their “ill-gotten” wealth. They were told that they do not have to do this. Rashi explains that since people are aware that they will not receive the full amount unless they wait for the foam to settle or oil to drain, they usually prefer not to wait and are willing to overlook that small amount. Since the sellers do not intend to cheat, they may keep this wine or oil. They responded that nevertheless, they do not want to keep this. The Chochomim told them that since they want to be machmir, they should put it for public use. Rashi explains that since the surplus came from the public, it should be returned to the public. For it was taught in a Baraisa: גזל ואינו יודע למי גזל יעשה בהם צרכי רבים – If someone stole, and did not know from who he stole, and he wishes to do teshuvah, he should use the stolen money for public needs.
- Asking a familiar storekeeper for a specific quantity of an item is permitted.
The last Mishnah in the perek states: הולך אדם אצל חנוני הרגיל אצלו ואומר לו תן לי ביצים ואגוזים במנין – A person may go to a storekeeper with whom he is familiar and say to him on Yom Tov: Give me a specific number of eggs or nuts. שכן דרך בעל הבית להיות מונה בתוך ביתו – For this is the normal manner of a private person to count off items in his home. Rashi explains that since the storekeeper trusts him, he will give him the merchandise without fixing a price, which would be prohibited. Even though it was learned that mention of a specific weight is prohibited because this is the normal manner of commerce, mentioning the quantity of the item is permitted because this is not the normal way to conduct business.