1)

MUST A BUYER ACCEPT DIRT?

(a)

(Gemara - Rav Katina): The Mishnah says that he must accept a Rova (quarter Kav) of Pesoles for each Se'ah, i.e. legumes.

(b)

Inference: He need not accept dirt!

(c)

Question: Rabah taught that if Levi removes a pebble from Yehudah's grain, he must pay him the value of that volume of grain (for one who buys from Yehudah would have had to accept it)!

(d)

Answer: He must accept a Rova of legumes for each Se'ah. He must accept a smaller volume of dirt for each Se'ah.

(e)

Question: He must accept a full Rova of dirt!

1.

(Beraisa): A buyer must accept a Rova of legumes for each Se'ah of wheat, a Rova of straw for each Se'ah of barley, and a Rova of dirt for each Se'ah of lentils.

2.

Suggestion: He must accept a full Rova of dirt with wheat or barley, just like with lentils.

(f)

Answer: No, he accepts this only with lentils, for they are uprooted with dirt.

(g)

Inference (and a support for Rav Katina): He accepts dirt with lentils, for they are uprooted. Grain is cut, and not uprooted, so he need not accept dirt!

(h)

Rejection: Really, he must accept dirt with grain;

1.

The Beraisa needs to teach about lentils. One might have thought that because they are uprooted, he must accept more than a Rova. The Beraisa teaches that this is not so.

2)

ONE WHO EXCEEDED THE QUOTA OF FLAWED ITEMS

(a)

(Rav Huna): If more than a Rova of Pesoles was found, the seller must give grain in place of all of the Pesoles (i.e. he may not include the allowed amount of Pesoles).

1.

Some explain that this is letter of the law. Others say that it is a fine.

2.

Some explain that it is letter of the law. A buyer pays for good Peros; one does not bother to remove a Rova (or less) of Pesoles;

i.

If it is more than a Rova, one toils to remove it. Once he toils, he removes all the Pesoles.

3.

Others say that it is a fine. A Rova is common, but more than this is not. We assume that he mixed in Pesoles. Therefore he is fined. He must give a full measure of good Peros.

(b)

Question (Mishnah): If a Se'ah of grain has a Rova of another species mixed in, one must diminish the other species (before planting, due to Kilayim),

1.

We are thinking that a Rova regarding Kilayim is like more than a Rova regarding a sale, and it says that he must diminish it (he need not remove all of it)!

(c)

Answer: No, a Rova regarding Kilayim is like a Rova regarding a sale.

(d)

Question: If so, why must he diminish it?

(e)

Answer: This is a stringency of Kilayim.

94b----------------------------------------94b

(f)

Question (Seifa): R. Yosi says, he must remove all of it.

1.

If a Rova regarding Kilayim is like more than a Rova regarding a sale, we understand the argument. Chachamim fine what is permitted (less than a Rova) due to what is forbidden (a Rova), and R. Yosi does not fine.

2.

However, if a Rova regarding Kilayim is like a Rova regarding a sale, why must he remove all of it?

(g)

Answer: R. Yosi is stringent because it looks like he intentionally sows Kilayim.

(h)

Question (Mishnah): If one person deposited 100 Zuz with Reuven, and another deposited 200, and each claims that he deposited 200, and Reuven does not know who gave which, he gives 100 to each, and we leave the rest until Eliyahu comes.

(i)

Answer: That is different, there each definitely owns 100. Here, perhaps all the dirt was intentionally mixed in!

(j)

Support (Seifa - R. Yosi): If so, the swindler does not lose! Rather, we leave all the money until Eliyahu comes (or one admits).

(k)

Rejection: That is different, for surely one of them is intentionally lying. Here, perhaps he did not mix any dirt!

(l)

Support (Beraisa - R. Meir): If a loan document specifies that interest will be charged, we fine the lender, and he may not collect even the principal;

(m)

Rejection: That is different. There, from the time the document was written, he transgressed. Here, perhaps he did not mix any dirt!

(n)

Question (end of the Beraisa - Chachamim): He collects the principal, but not the interest.

(o)

Answer: That is different. There, he is entitled to collect the principal. Here, perhaps he intentionally mixed in all the dirt!

(p)

Support (Ravin bar R. Noson - Beraisa): (If Levi said 'I sell a Beis Kor (an area in which 30 Sa'im of seed are sown, i.e. 75,000 square Amos) more or less', and he gave an area which was not exactly a Beis Kor, if the error was more than a Rova per Se'ah) not only does he return the excess, he returns the entire error.

1.

This shows that when we return, we must return the entire amount!

(q)

Rejection: There is different, for he said 'more or less';

1.

Up to a Rova (per Se'ah) is not considerable. More than a Rova is, since (over the whole Beis Kor) it amounts to nine Kavim, which is considered a field by itself. Therefore, all must be returned.

OTHER D.A.F. RESOURCES
ON THIS DAF