1)A BROTHER WHO LOST PART OF HIS SHARE

(a)(Rav): If brothers divided, and a creditor (of their father) took the portion of Ploni (a brother), the division is void.

(b)(Shmuel): Ploni lost. He is not compensated.

(c)(Rav Asi): Ploni gets a quarter of what was taken, in land or (Rashbam; Tosfos - and a quarter) in money.

1.Rav says that the division is void. We consider it as if each brother inherited his proper share. All must pay the debt;

2.Shmuel says that Ploni lost. We consider the brothers to be like buyers (they allow each other to take a share in place of what (Hash-m knows that) he should have inherited) without Acharayus (liability to compensate one whose land is legally taken from him);

3.Rav Asi is unsure whether they are like heirs or like buyers (Tosfos - with Acharayus), and therefore we compromise and he gets a quarter in land or (Tosfos - and a quarter) in money.

(d)(Rav Papa): The Halachah is, in this and the previous argument, the brothers give a portion of their property (they are heirs, like Rav. The division is valid, like Shmuel (106b));

(e)(Ameimar): The division is invalid (like Rav).

(f)The Halachah follows Ameimar.

2)VARYING ESTIMATIONS

(a)(Beraisa): If three came to appraise orphans' property, and one said 100 (Zuz), and the others said 200, or vice-versa, we follow the majority;

(b)If one said 100, another said 80, and the third said 120, we adopt 100;

(c)R. Eliezer b'Rebbi Tzadok says, we adopt 90 (we will explain the opinions);

(d)Others say, we take a third of the difference between the extreme positions (40) and add it to the lowest opinion.

1.The first opinion adopts 100. This is the average of the extreme positions (Rambam; Rashbam - it is the intermediate opinion);

2.R. Eliezer b'Rebbi Tzadok says 90, We assume that it is really worth 90;

107b----------------------------------------107b

i.The opinions that said 80 and 100 each erred by 10 (only one of them, the third opinion, made a large error).

3.Question: Why don't we say that it is really worth 110, and the ones who said 100 and 120 each erred by 10!

4.Answer: Since we are unsure which of these is true, we follow the smaller amount.

(e)(Beraisa - Others): We take a third of the difference between the extreme positions and add it to the lowest opinion.

1.We assume that it is really worth 93 and one third; the opinion that said 80 erred by 13 and one third;

2.The opinion that said 100 also erred by 13 1/3. He did not say 106 2/3, for he did not want to sound too much higher than the previous opinion.

3.Question: Why don't we say that it is really worth 113 1/3? The ones who said 100 erred by 13 1/3. The opinion that said 120 also erred by 13 1/3. He did not say 126 2/3, for he did not want to sound too much higher than the others!

4.Answer: Since we are unsure which of these is true, we follow the smaller amount.

(f)(Rav Huna): The Halachah follows 'Others'.

(g)Objection (Rav Ashi): Their reason is difficult. Can you say that the Halachah follows them?!

(h)(Judges of Bavel (Shmuel and Karna) - Beraisa): We take a third of the difference between the extreme positions and add it to the lowest opinion.

(i)(Rav Huna): The Halachah follows Judges of Bavel.

(j)Objection (Rav Ashi): Their reason is difficult. Can you say that the Halachah follows them?!

3)WHICH HALF THE BUYER RECEIVES

(a)(Mishnah): If Reuven told Shimon 'I sell to you half of a field', Meshamnim (we divide according to the Shumen (fatness) of the land. Every clause of the Mishnah will be explained later), Shimon takes half a field;

(b)If he said 'I sell to you half of a field in the south', Meshamnim, and Shimon takes half in the south.

(c)He (Rashbam - Reuven; Rambam - Shimon) accepts to provide the place for the fence, a ditch six Tefachim wide, and a secondary ditch three Tefachim wide.

(d)(Gemara - R. Chiya bar Aba citing R. Yochanan): The buyer takes the weaker half of the land.

(e)Question (R. Chiya bar Aba): the Mishnah says Meshamnim (each gets half the good land)!

1.Counter-question (R. Yochanan - Seifa): If he said 'I sell to you half of a field in the south', Meshamnim, and Shimon takes half in the south (whether it is good or not)!

2.Answer (R. Yochanan): You must say that 'Meshamnim' means that the calculation of half the land is not according to area, rather, according to value;

(f)Answer (R. Yochanan): Also in the Reisha, it means that Shimon gets land worth as much as what Reuven keeps. (I taught only that Reuven can choose to keep the highest quality land.)

4)THE DITCHES OUTSIDE THE FENCE

(a)(Mishnah): He accepts to provide the place for the fence (and a ditch and a secondary ditch...)

(b)(Beraisa): Both ditches are outside the fence. The secondary ditch is closer to the fence;

1.The ditches are to prevent a Nemiyah (marten) from jumping over the fence.

(c)Question: Why isn't a (regular) ditch enough?

(d)Answer: Since it is wide, the marten can jump from the bottom of it.

(e)Question: Why isn't a secondary ditch enough?

(f)Answer: Since it is thin, the marten can jump from outside of it.

(g)Question: How much must he leave between the two ditches?

(h)Answer: He leaves one Tefach.

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