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Prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Bava Basra 104
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
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1) WHEN IS A SMALL MISTAKE PARDONED?
(a) (Gemara) Question: What if Reuven told Shimon 'I sell to
you a Beis Kor' (and did not mention measure by a rope,
nor 'less or more)'?
(b) Answer #1 (Mishnah): '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;
1. Had he not specified, there would be no
compensation.
(c) Objection (end of the Mishnah): If he said 'be it less or
more', even if there is a Rova too little or too much per
Se'ah, there is no compensation.
1. Had he not specified, there would be compensation!
(d) Conclusion: The inferences contradict one another - we
cannot answer our question from the Mishnah, because we
do not know which is correct.
(e) Answer #2 (Beraisa): 'I sell to you a Beis Kor', 'I sell
to you *approximately* a Beis Kor', 'I sell to you a Beis
Kor, be it less or more', even if there is a Rova too
little or too much per Se'ah, there is no compensation.
1. This teaches that without specifying, it is as if he
said 'be it less or more'!
(f) Rejection: No, the Beraisa does not give three separate
cases, rather it all explains one case:
1. It means, when is selling a Beis Kor like selling
*approximately* a Beis Kor? If he said, 'I sell to
you a Beis Kor, be it less or more'.
(g) Objection (Rav Ashi): If so, it should not say 'I sell to
you' three times!
1. Rather, the Beraisa settles our question; without
specifying, it is as if he said 'be it less or
more'.
2) WHAT IS RETURNED
(a) (Mishnah): He returns money to him...
(b) Question: Is it really true that we give the seller his
choice, not the buyer?!
1. Contradiction (Beraisa): If the amount of land was
seven and a half Kavim per Kor too little or too
much, the sale stands; more than this, we force the
seller to sell the extra (the buyer can say, I do
not want to have to guard myself from you) and the
buyer to buy it (the seller has little use for a
small field).
(c) Answer: Really, we do not force the seller to sell the
extra land;
1. The Beraisa teaches that if the value of the land
declined, the buyer can say, if you insist that I
buy the extra land, I will only pay today's lower
price.
(d) Question (Beraisa): When the seller makes the buyer buy
the extra land, it is according to the price at the time
of the original sale.
(e) Answer: That is when the price increased.
3) WHEN THE SELLER CANNOT DEMAND MONEY
(a) (Mishnah): If the extra is Beis nine Kavim...
(b) (Rav Huna): This applies even if there were nine extra
Kavim in a sale of a giant valley.
(c) (Rav Nachman): It only applies if there were seven and a
half extra Kavim for each Kor;
104b---------------------------------------104b
(d) When the extra is nine Kavim, since it is a proper field,
Reuven cannot force Shimon to buy it.
(e) Question (Rava - Mishnah): If the extra is Beis nine
Kavim in a field...
1. The case is, the field is two Kor, there are only
four and a half extra Kavim for each Kor, yet he
must return it!
(f) Answer (Rav Nachman): No, he only sold one Kor.
(g) Question (Rava - Mishnah): Or half a Kav in a garden...
1. The case is, the garden is Se'atayim, there is only
an extra Rova Kav for each Se'ah - normally one
pardons this, but since it is the size of a proper
garden, he must return it!
(h) Answer (Rav Nachman): No, he only sold one Se'ah.
(i) Question (Mishnah): According to R. Akiva a Beis Rova.
1. The case is, the garden is one Se'ah.
(j) Answer: No, he only sold a half Se'ah.
(k) Question (Rav Ashi): What if he sold a field, and there
was more than an extra Rova for each Se'ah, the total was
at least a half Se'ah but less than nine Kavim, and the
land became fit for a garden, or vice-versa (he sold a
garden, now it is only fit for a field)?
(l) This question is not resolved.
(m) (Beraisa): If Reuven kept a field bordering the sold
field, Shimon can insist that Reuven take back the extra
land (it is fitting for him), even if it is less than
nine Kavim.
(n) Questions (Rav Ashi): What if any of the following
separate between Reuven's field and the field he sold: a
pit, an irrigation channel, a public road, a row of date
trees?
(o) These questions are not resolved.
(p) (Mishnah): He does not just return the Rova for each
Se'ah, he returns all the extra land.
(q) Question: Just the contrary! The Chidush is that he
returns the extra Rova'im!
(r) Answer (Ravin bar Rav Nachman): Indeed, the text should
say, he does not just return the extra above the Rova'im,
he returns the extra Rova'im as well.
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