1)

(a)We ask what the Din will be if Reuven promises to sell Shimon 'Beis-Kur Afar' Stam. What are the two sides of the She'eilah?

(b)How do we try to resolve the She'eilah from the Reisha of our Mishnah, which rules in a case of 'Midah be'Chevel, Piches Kol-Shehu Yenakeh, Yiter Kol-Shehu, Yachzir'?

(c)How do we refute this proof?

(d)Why does the Tana then teach us these two cases, seeing as we cannot infer anything from either of them?

(e)Why does the Reisha then mention 'Midah be'Chevel' in the Reisha?

1)

(a)We ask what the Din will be if Reuven promises to sell Shimon 'Beis-Kur Afar' Stam whether it is similar to - 'Midah be'Chevel', where the Din is 'Yenakeh' or 'Yachzir' in the case of the smallest discrepancy, or to - 'Hein Chaser hein Yeser', where a person is Mochel up to a quarter of a Kav per Sa'ah.

(b)We try to resolve the She'eilah from the Reisha of our Mishnah, which rules in the case of 'Midah be'Chevel, Piches Kol-Shehu Yenakeh, Yiter Kol- Shehu, Yachzir' - implying that Stam, is comparable to 'Hein Chaser hein Yeser'.

(c)We refute this proof however - by citing the Seifa 've'Im Amar lo, Hein Chaser hein Yeser, Afilu Picheis Rova ... Higi'o', which implies that Stam is comparable to 'Midah be'Chevel'. So we cannot deduce anything.

(d)The Tana nevertheless mentons these two cases - to teach us the actual Din itself.

(e)And the reason that he mentions 'Midah be'Chevel' in the Reisha is - in order to balance the Seifa, where the seller uses both Leshonos, and where the Tana teaches us that 'Hein Chaser hein Yeser' negates 'Midah be'Chevel', so the Reisha teaches us that one or the other is effective.

2)

(a)How does the Beraisa 'Beis-Kur Afar Ani Mocher lach'; 'ke'Beis-Kur Afar Ani Mocher lach'; 'Hein Chaser Hein Yeser Ani Mocher lach' conclude?

(b)How do we try to refute the proof from here that S'tama has the same Din as 'Hein Chaser Hein Yeser'?

(c)How does Rav Ashi r counter this argument, to render the proof conclusive?

2)

(a)The Beraisa 'Beis-Kur Afar ani Mocher lach'; 'ke'Beis-Kur Afar ani Mocher lach'; 'Hein Chaser Hein Yeser ani Mocher lach' concludes - Afilu Piches Rova le'Sa'ah O Hosir Rova le'Sa'ah, Higi'o'.

(b)We try to refute the proof from there that Stama has the same Din as 'Hein Chaser hein Yeser' by explaining that the Seifa is really a continuation of the Reisha, to teach us that 'Beis-Kur Afar ... hein Chaser hein Yeser' has the same Din as 'ke'Beis-Kur Afar'.

(c)Rav Ashi counters this argument however, on the grounds that, if that was the case, the Tana should not have said 'Ani Mocher lach' in each case, but 'Beis-Kur Afar, ke'Beis-Kur Afar Hein Chaser Hein Yeser, Ani Mocher lach'. Consequently, he renders the proof conclusive.

3)

(a)What does the Beraisa say in a case where Reuven gives Shimon seven and a half Kabin more land than the Kur that he promised to sell him, assuming that ...

1. ... Reuven wants money?

2. ... Reuven wants land, but Shimon wants to give him money?

(b)Why does the Beraisa give this Shi'ur, and not a quarter of a Kav per Sa'ah, like our Mishnah?

(c)On what grounds do we initially think that we force Reuven to conform with Shimon's request in the latter case?

(d)What discrepancy do we now have between the Beraisa and our Mishnah?

3)

(a)According to the Beraisa, in a case where Reuven gives Shimon seven and a half Kabin more land than the Kur that he promised to sell him, assuming that ...

1. ... Reuven wants money - Shimon is obligated to give him money (like we learned in our Mishnah).

2. ... Reuven wants land, but Shimon wants to give him money - then Reuven must accept money.

(b)The Beraisa's Shi'ur is in fact, synonymous with the quarter of a Kav per Sa'ah of our Mishnah (since there are thirty Se'ah in a Kur and four Kabin in a Se'ah).

(c)We initially think that we force Reuven to conform to Shimon's request in the latter case - because Shimon does not want Reuven snooping around his field, in which case he has the right to force him to comply, because of 'Zeh Neheneh ve'Zeh Lo Chaser' (which is synonymous with 'Kofin oso al Midas S'dom').

(d)The discrepancy between the Beraisa and our Mishnah now lies - in the inference from our Mishnah, which only forces Shimon to conform to Reuven'd request, but not vice-versa (whereas the Beraisa learns both ways).

4)

(a)How do we therefore reinterpret the Beraisa to conform with our Mishnah?

(b)And how do we reconcile this with another Beraisa 'ke'she'Hu Nosen lo, Nosen lo ke'Sha'ar she'Lakach Mimenu'?

(c)What is the reason for this?

4)

(a)So that the Beraisa should agree with our Mishnah, we reinterpret it to mean (not that we force Reuven to sell the field to Shimon, but) that - should the price of land drop, and Reuven now wants to sell the seven and a half extra Kabin at the original (higher) price, we force him to sell it at the current price.

(b)Whereas the Beraisa which rules 'ke'she'Hu Nosen lo, Nosen lo ke'Sha'ar she'Lakach mimenu' - speaks in a case where the price went up.

(c)The reason for this is - because the seller's right to force the purchaser to buy the land is based on the principle of 'Kofin oso al Midas S'dom' (which means that the latter has nothing to lose, as we explained). Consequently, if the purchaser argues that he only bought the land in the first place because it was cheap, we accept that, and make him pay for the extra land accordingly.

104b----------------------------------------104b

5)

(a)We learned in our Mishnah that if Reuven gave Shimon nine Kabin in excess of what he had promised, he no longer has the right to claim money. What does Rav Huna mean when he says that this even applies to a large valley?

(b)What will Rav Huna say about a case where Reuven sold Shimon a field of thirty-five Se'ah, which turns out to be thirty-five quarter-Kabin more?

(c)What does Rav Nachman hold, in a case where the excess amounts to ...

1. ... thirty-five quarter Kabin in a field which was supposed to comprise thirty-five Se'ah?

2. ... thirty-six quarter Kabin in a field which was supposed to comprise thirty-six Se'ah?

(d)According to Rav Nachman, what is the difference between the excess of one Kur in a case where Reuven is not Mochel, and that of two?

5)

(a)We learned in our Mishnah that if Reuven gave Shimon nine Kabin in excess of what he had promised, he no longer has the right to claim money. When Rav Huna says that this even applies to a large valley, he means that - once the total excess reaches nine Kabin (thirty-six quarters), Reuven is no longer Mochel and Shimon is obligated to return the entire excess (in Karka, and not in cash), irrelevant of how many Sa'in there are in the field (i.e. even in a field of ten Kurim).

(b)In a case where Reuven sells Shimon a field of thirty-five Se'ah, which turns out to be thirty-five quarter-Kabin more - Rav Huna will agree that Reuven is Mochel, and Shimon may keep the excess.

(c)Rav Nachman holds that in a case where the excess amounts to

1. ... thirty-five quarter Kabin in a field which was supposed to comprise thirty-five Sa'in - Reuven is Mochel (since the total amounts to not more than a quarter of a Kav per Se'ah), and the same will apply to an excess of ...

2. ... thirty-six quarter Kabin in a field which was supposed to comprise thirty-six Sa'in.

(d)According to Rav Nachman, the difference between the excess of one Kur in a case where Reuven is not Mochel, and that of two is in a case where the excess is only a Kol-Shehu is that - in the former case, where the sum total amounts to less than nine Kabin, Reuven has the right to claim money, whereas in the latter case, where the excess totals more than nine Kabin, Shimon can force Reuven to accept the excess land itself.

6)

(a)According to some commentaries, Rav Nachman requires nine Kabin over and above the quarter of a Kav per Se'ah before Shimon becomes obligated to return the excess in Karka. What do others maintain?

(b)On what grounds do we refute this latter theory?

(c)Like whom is the Halachah?

6)

(a)According to some commentaries, Rav Nachman requires nine Kabin over and above the quarter of a Kav per Sa'ah before Shimon becomes obligated to return the excess in Karka, whereas others - require one and a half Kabin more than the total quarter Kabin per Sa'ah of one Kur.

(b)We refute this latter theory however, on the grounds that - there seems to be no reason to attach the one and a half extra Kabin to the first Kur (rather than to distribute it equally to all the Kabin, thereby making the excess more than a quarter of a Kav per Sa'ah but less than a total of nine Kabin). Consequently, we ought to need nine Kabin excess for each Beis-Kur.

(c)The Halachah is - like Rav Nachman (following the principle 'Hilch'sa ke'Rav Nachman be'Dini' [the Halachah is always like Rav Nachman in money matters]).

7)

(a)How did Rava query Rav Nachman from our Mishnah, which states 'she'Im Shiyer be'Sadeh Beis Tish'ah Kabin ... Machzir lo es ha'Karka'?

(b)What prompted him to ask this Kashya? Why did it not occur to him that Rav Nachman would answer 'Lo, de'Zavin 'leih Kur'?

(c)How did Rav Nachman then get round that problem?

7)

(a)Rava asked Rav Nachman from our Mishnah, which states 'she'Im Shiyer be'Sadeh Beis Tish'ah Kabin ... Machzir lo es ha'Karka' where the Tana is not speaking even where Reuven sold Shimon two Kur, yet Shimon is obligated to return the excess (even though it amounts to less than a quarter of a Kav per Se'ah [like Rav Huna]).

(b)In did not occur to Rava that Rav Nachman might answer 'Lo, de'Zavin leih Kur') - because the Tana did not specifically say that he was referring to a field of one Kur like he did in the Reisha.

(c)Rav Nachman got round that problem - by explaining that this section of Mishnah is merely a continuation of the Reisha, which, as we explained, specifically mentions one Beis-Kur.

8)

(a)And what did Rava then ask Rav Nachman from the continuation of the Mishnah ...

1. ... 'u've'Ginah Beis Chatzi Kav'?

2. ... 'u'che'Divrei Rebbi Akiva, Beis Rova ha'Kav'?

(b)And what did Rav Nachman reply to those two questions respectively?

8)

(a)Rava then queried Rav Nachman from the continuation of the Mishnah ...

1. ... 'u've'Ginah Beis Chatzi Kav' - which seems to be speaking even where Reuven sold Shimon two Sa'in, implying that he is not Mochel half a Kav in a vegetable garden, even when the excess does not amount to more than a quarter of a Kav per Se'ah (like Rav Huna).

2. ... 'u'che'Divrei Rebbi Akiva, Beis Rova ha'Kav' - which seems to be speaking even where Reuven sold Shimon a Se'ah (like we just established the previous case), implying that he is not Mochel a quarter of a Kav in a vegetable garden, even when the excess does not amount to more than a quarter of a Kav per Sa'ah (like Rav Huna).

(b)To which Rav Nachman replied that - the Tana Kama is speaking where he sold him a Se'ah, and Rebbi Akiva, where he sold him half a Se'ah (in which case, the excess in both cases, is more than a quarter of a Kav per Se'ah).

9)

(a)Rav Ashi asks what the Din will be if Reuven sells Shimon a field, which then became a vegetable garden. How did that happen?

(b)What is then Rav Ashi's She'eilah?

(c)He also asks what the Din will be in the reverse case. What is the case?

(d)In which case would Rav Ashi not have asked his She'eilah?

(e)What is the outcome of the two She'eilos?

9)

(a)Rav Ashi asks what the Din will be if Reuven sells Shimon a field, which then became a vegetable garden - when a new river or a fountain began flowing beside the field (in keeping with the Pasuk in Eikev "and you will water it with your feet like a vegetable garden").

(b)Rav Ashi's She'eilah is - where the excessive measure of field was less than nine Kabin, in which case Reuven was entitled to ask for money, but before Shimon paid, it became a vegetable garden, and, since it measures more than half a Kav, it is Chashuv, so Shimon now demands Karka. The She'eilah is - whether we go after the time when the error occurred, or after the time when Shimon pays.

(c)He also asks what the Din will be in the reverse case - where Reuven gave Shimon half a Kav in excess of the field that he sold him, but less than nine Kabin, and the river or the fountain that watered it then stopped flowing, and it became a regular field.

(d)Rav Ashi would not have asked his She'eilah in a case - where there was Mechilah (e.g. if Reuven sold Shimon half a Kav in excess of two Sa'in) before it became a vegetable garden (according to Rav Huna, who, in a straight case of a vegetable-garden, would obligate him to return the excess) - because once Reuven is Mochel, the Mechilah cannot become negated retroactively.

(e)The outcome of the two She'eilos is - Teiku.

10)

(a)In which case does the Beraisa obligate Reuven to accept land, even where the excess is less than nine Kabin, even though he sold him a field?

(b)Why can the Tana not mean that since the extra piece of land adjoins another piece of land of his, he is not Mochel even an excess of a quarter of a Kav in the field of a Sa'ah that he sold him?

10)

(a)The Beraisa obligates Reuven to accept land, even where the excess is less than nine Kabin, even though he sold him a field - if he owns land adjacent to the extra piece that Shimon wants to return (because he can no longer claim that due to its smallness, it is of no use to him).

(b)The Tana cannot mean that since the extra piece of land adjoins another piece of land of his, he is not Mochel even an excess of a quarter of a Kav in the field of a Sa'ah that he sold him - because then, what purpose would 'Hein Chaser hein Yeser' (that our Mishnah declares that he said) serve? (In any event, we concluded earlier that even S'tama has the same Din as 'Hein Chaser hein Yeser').

11)

(a)Rav Ashi asks whether the ruling of the Beraisa will apply even though a pit, a stream of water or a Derech ha'Rabim divide between the two fields. What is the definition of a 'Derech ha'Rabim'?

(b)What is the fourth item on Rav Ashi's list?

(c)Is there any significance in the sequence of these four things?

11)

(a)Rav Ashi asks whether the ruling of the Beraisa will apply even though a pit, a stream of water or a Derech ha'Rabim - a public path sixteen Amos wide which is not a R'shus ha'Rabim (since if it was, it would obviously divide between the two fields) divide between the two fields.

(b)The fourth item on Rav Ashi's list is a cluster of trees.

(c)The significance in the sequence of these four things is - that each subsequent case assumes that the previous one is not considered a division.

12)

(a)What is wrong with the Lashon of our Mishnah 've'Lo es ha'Rova Bil'vad Machzir, Ela Kol ha'Mosar'?

(b)What does 'K'lapei Laya' mean literally?

(c)How do we therefore amend the Lashon of the Mishnah?

12)

(a)The Lashon of our Mishnah 've'Lo es ha'Rova Bilevad Machzir, Ela Kol ha'Mosar' is wrong - because 'K'lapei Laya' (it is the excess over and above the Rova ha'Kav that obligates Shimon to return the Rova too, and not vice-versa).

(b)'K'lapei Laya' literally means 'Which way does this lean?' (i.e. it is leaning in the wrong direction).

(c)Consequently, we amend the Lashon of the Mishnah to read - 've'Lo es ha'Mosar Bil'vad Machzir, Ela Kol ha'Reva'in Kulan'.

13)

(a)What does ben Nanas say in our Mishnah, in the case where Reuven said to Shimon ...

1. ... 'Midah be'Chevel Ani Mocher lach Hein Chaser Hein Yeser'?

2. ... 'Hein Chaser Hein Yeser Ani Mocher lach Midah be'Chevel'?

13)

(a)ben Nanas rules in our Mishnah, in the case where Reuven said to Shimon ...

1. ... 'Midah be'Chevel Ani Mocher lach hein Chaser hein Yeser' that 'Hein Chaser hein Yeser' negates 'Midah be'Chevel' (in which case, if Reuven gave Shimon an extra quarter of a Kav per Sa'ah, he may keep it).

2. ... 'Hein Chaser hein Yeser Ani Mocher lach Midah be'Chevel' - that Midah be'Chevel' negates 'Hein Chaser Hein Yeser', and Shimon is obligated to return the excess.

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