1)FOLLOWING THE ROV IN MONETARY MATTERS

(a)(Mishnah): If Reuven bought Shimon's Peros and planted them, and they did not grow, even if he bought flax seeds, Shimon is exempt;

(b)R. Shimon ben Gamliel says, if he bought seeds that are not (normally) eaten, Shimon is liable.

(c)(Gemara - Rav): If Reuven sold an ox to Shimon, and it was found to be a gorer, it is a Mekach Ta'os (a mistaken sale; it is void).

(d)(Shmuel): Reuven can say 'I sold it to you for slaughter' (the sale is valid).

(e)Question: Let us see whether Shimon buys oxen for plowing or for slaughter!

(f)Answer: The case is, he buys for both.

(g)Question: Let us see whether he paid the price of a plowing ox or an ox for slaughter!

(h)Answer: The case is, the price is the same for both.

(i)Question: If so, what difference does it make whether or not the sale is valid?

(j)Answer: If it is valid, Shimon must toil to sell it. If it is invalid, he can demand that Reuven refund the money.

92b----------------------------------------92b

(k)Question: If Reuven has no money to repay Shimon what he owes, he may give to him the ox!

(l)Answer: The case is, Reuven has other money;

1.Rav says the sale is invalid. We follow the Rov (majority), and most people buy oxen for plowing;

2..Shmuel says, he can say 'I sold it to you for slaughter.' We follow the Rov for Isurim, but not in monetary matters.

(m)Question (against Rav - Mishnah): If Leah was widowed or divorced, and she claims that she was a virgin when she married Reuven (so her Kesuvah is 200 Zuz), and he (or his heirs) claim that she was not (so her Kesuvah is 100):

1.If witnesses testify that (at the wedding) she had a Hinuma (a canopy of myrtle, or a veil over her eyes), or her hair was uncovered (the custom of virgin brides) she collects 200.

2.Inference: If she does not have witnesses, she only gets 100.

3.Summation of question: We should follow the Rov! Most women are virgins when they marry.

(n)Answer (Ravina): Most women are virgins when married, but a minority are not. Every virgin who marries has a Kol (people remember it);

1.Since Leah has no Kol, this weakens the Rov (so we do not follow it).

(o)Objection: If every virgin has a Kol, and Leah has no Kol, we should not believe witnesses. Surely they are lying!

(p)Correction: Rather, most virgins who marry have a Kol. Since Leah has no Kol, this weakens the Rov.

(q)Question (Beraisa): If Levi sold a slave to Yehudah, and the slave was found to be a thief or Kuvyustus (Tosfos - diceplayer; Rashi - kidnapper), the sale stands;

1.If he was found to be an armed robber or sentenced (by the kingdom) to die, the sale is invalid;

2.Suggestion: In the Reisha, the sale stands because most slaves are thieves or Kuvyustus. (This shows that we follow the Rov with regard to monetary matters).

(r)Answer: No, all slaves are.

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