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Rosh Kollel: Rabbi Mordecai Kornfeld


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Bava Basra 103

BAVA BASRA 101-105 - Sponsored by a generous grant from an anonymous donor. Kollel Iyun Hadaf is indebted to him for his encouragement and support and prays that Hashem will repay him in kind.

1) ARE DITCHES AND ROCKS CONSIDERED PART OF A FIELD? (cont.)

(a) Question: (When they are 10, granted they are judged separately from the field, but still) they should be redeemed according to the fixed price!
1. Suggestion: The fixed redemption price does not apply to fields less than a Beis Kor.
2. Rejection (Beraisa): One might have thought, "Zera Chomer Se'orim" is the smallest quantity redeemed according to the fixed price - "V'Im Ga'ol Yig'al Es *ha'Sadeh*" teaches that a field of any size is redeemed according to the fixed price.
(b) Answer (Rav Ukva bar Chama): The case is, the ditches are full of water, they cannot be sown (therefore they are not redeemed like fields).
1. Support: They are mentioned along with rocks, which implies that they are like rocks which cannot be sown.
(c) Question: If so, even if they are less than 10 Tefachim they should not be like the field!
(d) Answer: Those are like cracks of the field, small rocks are like mounds of the field, they are not considered by themselves.
(e) Question: Are the ditches in our Mishnah full of water?
(f) Answer (Rav Papa): Even if they are not full of water (they are not included).
(g) Question: What is the reason?
(h) Answer: A person does not pay money for (one place that looks like) two or three places.
(i) Question (Ravina): They are mentioned along with rocks, which cannot be sown, presumably the ditches are similar!
(j) Answer: The resemblance to rocks refers to when they are less than 10 Tefachim, that they are like part of the field.
(k) (R. Yitzchak): The small rocks (and ditches) are considered like the field when they are at most four Kavim (of the Beis Kor; more than this, the buyer does not accept them).
(l) (Rav Ukva bar Chama): They are like the field only if they are spread out over at least five Kavim, if not, they are not included.
(m) (R. Chiya bar Aba citing R. Yochanan): They are like the field only if they are spread out over the majority of the field.
(n) Question (R. Chiya bar Aba): What if most of the four Kavim are spread out over the minority (of this majority of the field), and the minority of the four Kavim are spread out over the majority of this majority (do we say, they are too concentrated in one area, or not)?
(o) This question is not resolved.
103b---------------------------------------103b

(p) Question (R. Yirmeyah): What if they are spread out over the proper area, but they are arranged in a circle (making it hard to sow between them), or in a row, or like an ox's horns, or in a zigzag (Each shape is harder to sow than the previous)?
(q) These questions are not resolved.
2) ROCKS THAT ARE EXCLUDED
(a) Version #1 - Rashbam (Beraisa): One rock of any size outside the field is not included;
(b) Version #2 - Tosfos - (Beraisa): A rock that has a name, of any size (alternatively - a rock that is a Beis Rova (quarter Kav)) is not included. (End of Version #2);
(c) A rock on the border is not included (it must be inside the field).
(d) Question (Rav Papa): What if a small amount of earth is between the rock and the border?
(e) This question is not resolved.
(f) Question (Rav Ashi): (If we consider the rock to be in the field when some earth separates it from the border), what if the earth (between it and the border) is under a rock, or has a rock under it?
(g) These questions are not resolved.
3) TOO MUCH OR TOO LITTLE LAND
(a) (Mishnah): Reuven told Shimon 'I sell to you a Beis Kor, measured by a rope' - if it is any amount less, Shimon deducts from the price; if it is any amount more, Shimon returns the extra (land or money).
(b) If he said 'be it less or more', even if there is a Rova too little or much per Se'ah, there is no compensation.
1. If the error is more than this, (everything) must be returned.
(c) When Shimon must return, he returns money; if he wants, he returns land.
1. We say that he returns money to help Reuven - if the extra is Beis nine Kavim in a field (which is worthwhile, it is considered a field), or half a Kav in a garden, or according to R. Akiva a Beis Rova, Reuven will (presumably) ask for land.
(d) He does not just return the Rova, he returns all the extra land.
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