1)A SALE WITHIN DEFINED BORDERS

(a)(Mishnah): If one said 'I sell to you the Beis Kor within the following borders', if it is less than a sixth (less than a Beis Kor), the sale stands. If it is up to a sixth, he deducts (this will be explained).

(b)(Gemara - Rav Huna): If it is a sixth less, it is as if it is lacking less than a sixth, and he does not deduct from the price;

(c)(Rav Yehudah): If it is a sixth less, it is as if it is lacking more than a sixth, and he deducts from the price.

(d)Rav Huna explains the Mishnah as follows. If it is less than (or exactly) a sixth (less than a Beis Kor), the sale stands. If it is more than a sixth, he deducts from the price;

(e)Rav Yehudah explains the Mishnah as follows. If it is less than a sixth, the sale stands; (exactly or) more than a sixth, he deducts from the price.

(f)Question (against Rav Huna - Beraisa): (If one said 'I sell to you the Beis Kor) within the following borders', if it is a sixth less or more (than a Beis Kor), the law is like when judges estimated land of orphans (and erred); the sale stands.

1.Regarding estimation of judges, a mistake of a sixth is like more than a sixth!

(g)Counter-question (Rav Huna): It says that the sale stands!

(h)Answer (Rav Huna): We must explain as follows. It is like the estimation of judges regarding a sixth, the sale stands (according to R. Shimon ben Gamliel; the Beraisa is like him). (We follow the Rashbam's text; see the Bach.)

(i)Question: This is difficult for Rav Yehudah!)

(j)Answer (Rav Yehudah): It is like the estimation of judges (in one aspect), and it is not like the estimation of judges (in another aspect):

1.It is like the estimation of judges regarding a sixth; the mistake is not pardoned (the Beraisa is Chachamim);

2.It is unlike the estimation of judges, for there, the sale is void. Here, the sale stands, but he deducts from the price.

(k)Ploni sold land to Rav Papa. He said 'it measures 20 Grivi.' In truth, it was 15.

106b----------------------------------------106b

1.Abaye: You realized that it was 15, and you bought it anyway.

i.Question (Mishnah): If it is a sixth less, the sale stands. If it is up to a sixth, he deducts from the price.

ii.Answer: That is when the buyer did not know. Here, Rav Papa knew that it was 15.

2.Rav Papa: He told me 20!

3.Abaye: He can say 'I meant that it is as good as a field of 20.'

2)DIVISION OF BROTHERS

(a)(Beraisa - R. Yosi): When brothers divide an estate, once one picks his share by lottery, everyone acquires his share. (Ra'avad - if two or more brothers remain, they must divide the rest by lottery; Rashbam - they can divide the rest as they wish; Ran - if they agreed that the portions would go in order (e.g. according to their births), all the shares are acquired when the first brother picks his share).

(b)Question: What is the reason?

(c)Answer (R. Elazar): It is like the initial division of Eretz Yisrael. Just like that was by lottery, also regarding brothers.

(d)Question: If it must be like the initial division of Eretz Yisrael, we should require not only a box (for the lots), but also (Re'em; alternatively - we should require a Kodesh urn and) the Urim v'Tumim!

(e)Answer (Rav Ashi): The brothers decide absolutely that the division should be according to the lottery. This helps as if they had the Urim v'Tumim.

(f)(Rav): If two brothers divided an estate, and a third brother came from abroad, the division is void (they must make a new division);

(g)(Shmuel): (The division stands.) Each brother gives a third of his share to the third brother (Rashbam; Tosfos - the third brother picks by lottery. We leave the initial division intact as much as possible (e.g. if the third brother picked a field which the other two would have shared, each of the other two keeps the fields he was supposed to get by himself).

(h)Question (Rava): According to Rav, the division is void. This means that a division without the knowledge of one of the parties is invalid;

1.If so, if there were three partners or brothers, and two of them divided by themselves (in front of Beis Din), will we say that the division is invalid (Rashbam - if the third objects; Meiri - even if the third consents)?!

(i)Answer (Rav Nachman): That is different. There, they knew that there were three, and they picked portions accordingly;

1.In Rav's case, they thought that there were only two.

(j)Question (Rav Papa): According to Shmuel, the division stands. This means that if a division gave the wrong amounts, it is valid (we just correct the amounts);

1.Rav and Shmuel taught that if Reuven sold to Shimon 'a Kor (of grain) for 30 (Sela'im)', either can retract until all is measured out! (Shmuel should say that what was measured is sold!)

2.If he said 'a Kor for 30, each Se'ah for a Sela', after each Se'ah is measured out, neither can retract.

(k)Answer (Abaye): There, Chachamim enacted according to what the parties want, that they can retract until all is measured (in case the price changes).

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