Weighty Measures

This is written with improper research.

The Chinich #258 says that the prohibition of having false weights applies even to less than a שוה פרוטה.  The Minchas Chinuch wonders where his source is. 

The Gemorah Babba Metzia (61b) says that this issur isn’t derived from the issurim of stealing for one violates it immediately when the false measurement is made, even before its used.  The Minchas Chinuch asks why didn’t the Gemorah answer that it teaches us even less than a שוה פרוטה is prohibited?  However, it is possible that the Chinuch is coming only after the conclusion of the Gemorah that we see one is obligated even before he causes a loss of money that it isn’t a monetary issur and the Gemorah in Babba Metzia is the source of the Chinuch.  

Tosfos in Babba Bathra (89b) ד"ה ובמשורה seems to say exactly like the Gemorah in Babba Metzia.  The Achronim ask what is Tosfos teaching us; it’s an open Gemorah?  They explain that the Gemorah is asking on the word משקל  and Tosfos is asking on משורה why is that needed and Tosfos answers there is a chiddush that one is obligated even though he didn’t change the actual measurement, he just didn’t measure properly.  The Achronim prove from Tosfos that didn’t answer less than a שוה פרוטה that they disagree with the Chinuch.  However, based upon what we said previously there is no proof for Tosfos answered in line with the Gemorah but he may agree there is an issur on less than a שוה פרוטה at the end of the day that its not viewed as a monetary issur.

Another issue that comes out of this discussion is regarding the chiddush of the Netziv ((19:25) and in his commentary on Shealta 102) that one can’t allow themselves to be cheated on measurements.  That only makes sense assuming its not a monetary prohibition.