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Daily Daf Dose
By: Rabbi Yaakov Montrose
The Mishna (103b) teaches that when the size of a field is estimated at a beis kor (thirty se'ah) at the time it is sold, both the buyer and the seller must agree to accept a loss or a gain of one quarter of a kav per se’ah. This means that if there is up to one quarter of a kav of extra land per se’ah, the buyer may keep that land. If the extra land is more than one quarter of a kav per se’ah, “the seller has the upper hand in a case where he gave nine extra kav in a field.” Rav Huna and Rav Nachman disagree about the intent of the Mishna. Rav Huna explains that the Mishna means that if the land contains nine extra kav including the one extra quarter of a kav per se’ah that a buyer normally is allowed to keep, all of the extra land goes back to the seller. Rav Huna understands that the seller would never intentionally add so much land, which itself is considered a proper field. Therefore, in a case in which an area of two kor (60 se’ah) of land was sold and one quarter kav was left per se’ah, all of the extra land returns to the seller.
Rav Nachman disagrees and explains that every kor may contain up to seven and a half extra kavin. If there is more than nine kav, the land returns to the seller.
What does Rav Nachman mean to say?
The RASHBAM (DH v'Iy) explains that Rav Nachman means that if there is even a small bit more than a quarter of a kav per se’ah, and altogether there is more than nine extra kav, all of the extra land goes back to the seller. Accordingly, whether the extra land returns to the seller depends on the size of the land being sold. If two kor are sold and there is one quarter of a kav extra per se’ah, all of the extra land goes to the buyer unless the extra land is slightly more than one quarter of a kav per se’ah. If one kor is sold and there is one quarter of a kav extra per se’ah, the buyer keeps the land. If, however, in this second case there is one kav and a half more of extra land, all of the land goes back to the seller. If there is more than seven and a half kav but less than nine kav extra, the buyer must compensate the seller for all of the extra amount (including the seven and a half kav; see Rashbam to 103b, DH Yeser Mikan). This is also the opinion of the RA'AVAD.
The Rashbam cites another opinion which explains that when Rav Nachman says, “If there is more than nine kav it goes back,” he means more than nine kav over the normal amount of one quarter kav per se’ah, regardless of how many kor are being sold.
The Rashbam cites a third opinion which explains that if there is more than nine kav per kor, all of the land goes back to the seller.
INSIGHTS INTO THE DAILY DAF
brought to you by Kollel Iyun Hadaf of Yerushalayim
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HALACHOS OF THE DAF
Selling a Specific Beis Kor
If the seller said, “I’m selling to you this beis kor”, then it’s as if he said “I’m selling to you a beis kor even if it’s more or less than an exact beis kor.” Therefore, if there is found to be missing up to a 24th of a se’ah (a se’ah is 6 kav and a kav is split into quarters) which is a quarter-kav, or there was found to be extra, up to a quarter-kav, then the sale stands, and neither the buyer or the seller needs to give additional money.
If there is found to be missing or extra land, more than a quarter-kav, then all quarter-kavs that were missing, the seller pays back to the buyer, and all the quarter-kavs that were extra, the buyer returns to the seller.
It is interesting to note, that if only one quarter-kav was extra (or missing), then the sale stands, but if for example there were two extra, then both get returned. The reason explains the S”ma, is that once they start returning, everything that is not exactly a beis kor gets returned as well. Since the seller certainly does not intend to let the buyer receive that much extra land, he therefore takes back all of the extra land. The S”ma cites other examples where the halachah follows this logic.
The Mishna (103b) teaches that when the size of a field is estimated at a beis kor (thirty se'ah) at the time it is sold, both the buyer and the seller must agree to accept a loss or a gain of one quarter of a kav per se’ah. This means that if there is up to one quarter of a kav of extra land per se’ah, the buyer may keep that land. If the extra land is more than one quarter of a kav per se’ah, “the seller has the upper hand in a case where he gave nine extra kav in a field.” Rav Huna and Rav Nachman disagree about the intent of the Mishna. Rav Huna explains that the Mishna means that if the land contains nine extra kav including the one extra quarter of a kav per se’ah that a buyer normally is allowed to keep, all of the extra land goes back to the seller. Rav Huna understands that the seller would never intentionally add so much land, which itself is considered a proper field. Therefore, in a case in which an area of two kor (60 se’ah) of land was sold and one quarter kav was left per se’ah, all of the extra land returns to the seller.
Rav Nachman disagrees and explains that every kor may contain up to seven and a half extra kavin. If there is more than nine kav, the land returns to the seller.
What does Rav Nachman mean to say?
The RASHBAM (DH v'Iy) explains that Rav Nachman means that if there is even a small bit more than a quarter of a kav per se’ah, and altogether there is more than nine extra kav, all of the extra land goes back to the seller. Accordingly, whether the extra land returns to the seller depends on the size of the land being sold. If two kor are sold and there is one quarter of a kav extra per se’ah, all of the extra land goes to the buyer unless the extra land is slightly more than one quarter of a kav per se’ah. If one kor is sold and there is one quarter of a kav extra per se’ah, the buyer keeps the land. If, however, in this second case there is one kav and a half more of extra land, all of the land goes back to the seller. If there is more than seven and a half kav but less than nine kav extra, the buyer must compensate the seller for all of the extra amount (including the seven and a half kav; see Rashbam to 103b, DH Yeser Mikan). This is also the opinion of the RA'AVAD.
The Rashbam cites another opinion which explains that when Rav Nachman says, “If there is more than nine kav it goes back,” he means more than nine kav over the normal amount of one quarter kav per se’ah, regardless of how many kor are being sold.
The Rashbam cites a third opinion which explains that if there is more than nine kav per kor, all of the land goes back to the seller.
INSIGHTS INTO THE DAILY DAF
brought to you by Kollel Iyun Hadaf of Yerushalayim
daf@dafyomi.co.il http://www.dafyomi.co.il
HALACHOS OF THE DAF
Selling a Specific Beis Kor
If the seller said, “I’m selling to you this beis kor”, then it’s as if he said “I’m selling to you a beis kor even if it’s more or less than an exact beis kor.” Therefore, if there is found to be missing up to a 24th of a se’ah (a se’ah is 6 kav and a kav is split into quarters) which is a quarter-kav, or there was found to be extra, up to a quarter-kav, then the sale stands, and neither the buyer or the seller needs to give additional money.
If there is found to be missing or extra land, more than a quarter-kav, then all quarter-kavs that were missing, the seller pays back to the buyer, and all the quarter-kavs that were extra, the buyer returns to the seller.
It is interesting to note, that if only one quarter-kav was extra (or missing), then the sale stands, but if for example there were two extra, then both get returned. The reason explains the S”ma, is that once they start returning, everything that is not exactly a beis kor gets returned as well. Since the seller certainly does not intend to let the buyer receive that much extra land, he therefore takes back all of the extra land. The S”ma cites other examples where the halachah follows this logic.
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