Mishnah 1
1)
The Mishnah discusses a case where Reuven sells Shimon a Beis Kur (thirty-Sa'ah) of earth, and where the area that he gave him contains Neka'im or rocks. Based on the fact that the courtyard of the Mishkan was a hundred by fifty Amos (two Sa'ah), how many square Amos is that?
What does 'earth' imply?
What are 'Neka'im'?
1)
The Mishnah discusses a case where Reuven sells Shimon a Beis Kur (thirty-Sa'ah) of earth, and where the area that he gave him contains Neka'im or rocks. Based on the fact that the courtyard of the Mishkan was a hundred by fifty Amos (two Sa'ah), that is equivalent to - seventy-five thousand square Amos (See Tos. Yom-Tov).
'Earth' implies - land that is fit for planting.
'Neka'im' are - cracks.
2)
For the cracks and rocks not to be included in the Beis Kur ...
... how deep or tall must be?
... how large an area must they be?
What if they are less than that?
What will the Din therefore be if Shimon discovers cracks or rocks of that size in the Beis Kur Afar that he purchased?
Why can Reuven not simply add a little extra ground to make up the difference?
2)
For the cracks and rocks not to be included in the Beis Kur, they must ...
... be at least ten Tefachim deep ...
... measure at least four by four Tefachim (See Tos. Yom-Tov).
If they are less than that - they are included in the sale (See Tos. Yom-Tov).
Consequently, if Shimon discovers cracks or rocks of that size in the Beis Kur Afar that he purchased - he can demand a different piece of land.
Reuven cannot simply add a little extra ground to make up the difference - because a person does not like to spend his money on one piece of ground that resembles two or three different areas (See Tos. Yom-Tov).
3)
Why, if Reuven sells Shimon a Beis Kur S'tam, will the sale be valid even if the entire field comprises rocks?
What if he stipulates ...
... 'Beis Kur Karka'?
... 'ke'Beis Kur Afar'?
What is the reason for the latter ruling?
3)
If Reuven sells Shimon a Beis Kur S'tam, the sale will be valid even if the entire field comprises deep cracks or tall rocks - because, since Shimon did not stipulate, he may well intend to use the land for building or for spreading out fruit.
And the same will apply if he stipulates ...
... 'Beis Kur Karka', or ...
... 'ke'Beis Kur Afar'.
The reason for the latter ruling is - because 'ke'Beis Kur Afar' implies as it is (irrespective of whether it is earth or rocks).
Mishnah 2
4)
What does Reuven mean if he says that he is selling Shimon a Beis Kur Afar 'Midah be'Chevel'?
What does the Mishnah rule there where he gave him ...
... less than that?
... more?
4)
When Reuven says that he is selling Shimon a Beis Kur Afar 'Midah be'Chevel', he means that - he is selling him exactly that amount (as measured by the measuring rope).
The Mishnah rules that if he gave him ...
... less than that - then he must deduct the difference from the price (See Tos. Yom-Tov), whereas if he gave him ...
... more, Shimon must 'give it back' (as we will now explain).
5)
If Reuven says 'Hein Chaser, Hein Yeser', how much leeway is Reuven permitted if he gives him ...
... less?
... more?
How many quarter Kabin are there in a Beis Kur?
What if he sells it S'tam (without adding 'Hein Chaser, hein Yeser')?
5)
If Reuven says 'Hein Chaser, Hein Yeser', whether he gives him ...
... less or ...
... more - he is allowed up to a quarter of a Kav per Sa'ah.
There are seven and a half quarter Kabin (Revi'iyos) in a Beis Kur.
Should he sell him S'tam, without adding 'Hein Chaser, Hein Yeser' - it has the same Din as if he added it (See Tos. Yom-Tov).
6)
What do we learn from the fact that the Tana says 'a Rova per Sa'ah' and not seven and a half Rova per Kur?
What if he exceeded that amount? How does Shimon pay Reuven?
On what condition does he return the excess land?
6)
From the fact that the Tana says 'a Rova per Sa'ah' and not seven and a half Rova per Kur, we learn that - this Din applies even in a sale as small as one Sa'ah.
Should he exceed that amount - they make a Cheshbon (See Tos. Yom-Tov), and Shimon returns the difference in money ...
He returns the excess land - in the event that the land is so small that it will be of no use to the buyer.
7)
In the previous cases, on what grounds does the Tana permit Shimon to return money (when strictly speaking, he ought to return the excess land?
Why, in the event that Reuven sold Shimon a field, is Shimon obligated to return the excess land should it exceed nine Kabin?
According to the Tana Kama, the equivalent Shi'ur by a vegetable garden is half a Kav. What does Rebbi Akiva say?
What does the Tana mean when he adds (with regard to the earlier rulings of 'Ya'aseh Cheshbon' and 'Yachzir Karka') that not only does Shimon return the Rova, but also all the excesses?
Why is that?
7)
In the previous cases, the Tana obligates Shimon to return money (when strictly speaking, he ought to return the excess land - for the benefit of Reuven, who will not know what to do with such a small plot of land.
In the event that Reuven sold Shimon a field, Shimon is obligated to return the excess land should it exceed nine Kabin - since that is sufficiently Chashuv to be called a field.
According to the Tana Kama, the equivalent Shi'ur by a vegetable garden is half a Kav, whereas according Rebbi Akiva - it is a quarter of a Kav.
When the Tana adds (with regard to the earlier rulings of 'Ya'aseh Cheshbon' and 'Yachzir Karka') that not only does Reuven return the Rova, but also all the excesses, he means that - not only must Shimon return the excess of the Rova per Sa'ah, but all the thirty Revi'yos as well ...
... because since the entire excess is Chashuv, Reuven is not Mochel anything.
Mishnah 3
8)
What is the problem in a case where Reuven sells Shimon a piece of land 'Hein Chaser hein Yeser, Midah be'Chevel' or 'Midah be'Chevel, hein Chaser hein Yeser'?
What does ben Nannes rule there?
8)
The problem in a case where Reuven sells Shimon a piece of land 'Hein Chaser hein Yeser, Midah be'Chevel' or 'Midah be'Chevel, hein Chaser hein Yeser' is that - the two statements clash (one means approximately, the other, specifically, as we learned earlier).
ben Nannes rules there - that in both cases, the second Lashon negates the first one.
9)
What do the Chachmim (of ben Nannes) say?
Why is that?
On which principle is this ruling based?
Like whom is the Halachah?
9)
According to the Chachamim (of ben Nannes) - Shimon must accept the lesser of the two ...
... because they are not sure which Lashon to follow ...
... and they therefore apply the principle - 'ha'Motzi me'Chavero, alav ha'Re'ayah' (See Tos. Yom-Tov).
The Halachah is like - the Chachamim.
10)
The Mishnah now discusses a case where Reuven sells Shimon a Beis Kur Afar, adding 'be'Simanav u've'Mivtzarav'. What does this mean?
What does the Tana say in the event that he gave him an area that is ...
... less than a sixth less than a Beis Kur?
... exactly a sixth less?
How do we interpret ...
... 'less than a sixth'?
... 'a sixth'?
10)
The Mishnah now discusses a case where Reuven sells Shimon a Beis Kur Afar, adding 'be'Simanav u've'Mivtzarav' - according to its identification marks and borders.
The Tana says, in the event that he gave him an area that is ...
... less than a sixth less than a Beis Kur - he has to accept it.
... exactly a sixth less - he deducts from the payment accordingly (See Tiferes Yisrael).
We interpret ...
... 'less than a sixth' to mean - a sixth or less, and ...
... 'a sixth' to mean - more than a sixth up to a sixth (exclusively [See Tos. Yom-Tov]).
Mishnah 4
11)
If Reuven sells Shimon half a field, the Mishnah says 'Meshamnin beineihen'. What does 'Meshamnin' mean?
Who takes it?
Why is that?
What does Shimon then receive?
11)
If Reuven sells Shimon half a field, the Mishnah says 'Meshamnin beineihen' - meaning that they work out which is the best section of the field ...
... which Reuven keeps (See Tos. Yom-Tov) ...
... because the purchaser always has the underhand (See above 9c).
Shimon then receives - the equivalent in value of the inferior half of the field.
12)
If for example, Reuven has a field of a hundred square Amos which is worth a hundred Dinrim, of which both thirty Amos (of superior quality) earth and seventy Amos (of inferior quality earth) are worth fifty Dinrim, what does Shimon receive?
Based on which principle do we divide the field in this way, and not the other way round?
12)
If for example, Reuven has a field of a hundred square Amos which is worth a hundred Dinrim, of which both thirty Amos (of superior quality) earth and seventy Amos (of inferior quality earth) are worth fifty Dinrim - Shimon receives the latter.
We divide the field in this way, and not the other way round, based on the principle that - most people prefer one Kav of good-quality land to two Kabin of land that is poor-quality.
13)
What will Shimon receive if Reuven undertakes to sell him 'Chetzyah be'Darom'?
Why is that?
13)
If Reuven undertakes to sell Shimon 'Chetzyah be'Darom' he will receive - a piece of land in any of his fields (even the worst quality) to the value of half of his southernmost field (See Tos. Yom-Tov) ...
... since that is possibly what Reuven meant.
14)
In all of the above cases, who is obligated to build the wall between Reuven and Shimon's fields?
He also has to dig a Charitz (a wide ditch) and a ben Charitz. What is a ben Charitz?
Whereabouts does he dig ...
... the two ditches?
... the ben Charitz?
How wide is ...
... the Charitz?
... the ben Charitz?
14)
In all of the above cases, Shimon is obligated to build the wall between his and Reuven's fields.
He also has to dig a Charitz (a wide ditch) and a ben Charitz - (a narrow ditch).
He digs ...
... the two ditches - just outside the wall, and ...
... the ben Charitz - between the wall and the Charitz.
The ...
... Charitz he digs - six Tefachim wide, the ...
... ben Charitz - three.
15)
What purpose do the two Charitzin serve?
Why will it not suffice to dig just ...
... a Charitz?
... a ben Charitz?
15)
The two Charitzin prevent wild animals from jumping over the wall from his field into Reuven's.
It will not suffice to dig just ...
... a Charitz - because that will leave the animal room to jump from it over the wall (See Tos. Yom-Tov).
... a ben Charitz - because that will enable the animal to jump from the far side over the wall.
