SELLING OUTSIDE OF BEIS DIN
A woman seized a silver cup towards payment of her Kesuvah, and demanded food.
(Rava): The orphans must feed her. No one rules like R. Shimon, who says that being owed part of the Kesuvah is unlike being owed the entire Kesuvah.
Question (Rabah brei d'Rava): If a widow sells outside of Beis Din, must she swear?
Question (Rav Yosef): Why don't you ask if she must announce for a month that the property is being sold before she may sell it?
Answer (Rabah brei d'Rava): I know that she need not announce before selling;
(R. Zeira): If a widow evaluated property and took it herself towards payment of her Kesuvah, it is not hers.
Question: If she announced that the property is for sale, why can't she keep it?
Answer: We must say that she did not announce.
Inference: If she took the property herself, it is void. Had she sold it to others, the sale would stand!
Rejection: Really, she did announce. She may not keep the property because Beis Din did not empower her to take it.
This is like the case of a man that was watching fodder (or wood) of orphans. He evaluated that it is worth 400 Zuz, and took it for himself. It rose in value to 600 Zuz;
R. Ami: Who empowered you to take it? (I.e. it is not yours).
The Halachah is, she must swear. She need not announce that the property is for sale.
A WIDOW THAT SOLD ORPHANS' PROPERTY
(Mishnah): If a widow's Kesuvah was 200 Dinarim and she sold property of the orphans which was worth 100 for 200, or property worth 200 for 100, in either case she has received her full Kesuvah;
If her Kesuvah was 100, and she sold property worth 101 for 100, the sale is void, even if she says that she will return the extra Dinar;
R. Shimon ben Gamliel says, the sale stands unless the extra land sold is a field fitting to sow nine Kavim of seed, or a garden fitting to sow half a Kav;
According to R. Akiva, the excess must be a quarter Kav (to invalidate the sale).
If her Kesuvah was 400, and she sold 100, and another 100, and the last sale was worth 101 and she sold it for 100 - the last sale is void, the other sales stand.
(Gemara) Question: When she sells land worth 200 for 100, the orphans tell her that she lost 100. When she sells land worth 100 for 200, why can't she say that she profited?
Answer (Rav Nachman): In our Mishnah, Rebbi taught us that the owner of the property receives the profits.
(Beraisa - R. Yehudah): If a Shali'ach bought something, and the seller gave one extra, the Shali'ach keeps it;
R. Yosi says, he shares it with the one he bought for.
Contradiction (Beraisa - R. Yosi): The one who sent him keeps the extra one.
Answer (Rami bar Chama): If the sold item has a fixed price, they share the extra one. If the price varies, the one who sent him keeps it.
(Rav Papa): The Halachah is, if the sold item has a fixed price, they share it. If the price is variable, the one who sent him keeps it.
Question: What does Rav Papa teach (that Rami bar Chama did not teach)?
Answer: He teaches that Rami bar Chama's answer is correct.
A SHALI'ACH WHO SOLD TOO MUCH
Version #1 - Question: If Reuven told a Shali'ach to sell for him (land fitting to sow) 15 Sa'im and the Shali'ach sold 30, what is the law?
Do we say that he fulfilled his mission and added to it, and the sale of 15 stands?
Or, do we say that he deviated from his mission, and the sale is totally void?
Answer #1 (R. Yakov - Mishnah): If Reuven told his servant to give one piece of meat to each guest; the servant told the guests to take two each and the guests took three each (and the meat was found to be Hekdesh), all transgressed Me'ilah.
This connotes the Shali'ach fulfilled his mission and added to it. Since Reuven's command was fulfilled, he transgressed Me'ilah.
Question: But if we say that he changed his mission, why does Reuven transgress?
(Mishnah): The sender transgresses Me'ilah only if the Shali'ach fulfilled his mission.
Rejection: The case is, the servant said 'take one like my master said, and a second on my authorization', and they took three.
Answer #2 (Mishnah): If her Kesuvah was 100, and she sold property worth 101 for 100, the sale is void.
Suggestion: The case is, she sold property worth 101 for 101.
The Mishnah says 'for 100', i.e. for the 100 she was entitled to. It continues 'even if she says that she will return the extra Dinar', i.e. she offers to buy back the extra land sold and return it. The Halachah is, the sale is void.
Rejection (Rav Huna brei d'Rav Nasan): No, the case is, she sold the land for less than its value (i.e. for 100).