1)

A SHALI'ACH WHO ERRED

(a)

(Gemara) Question: Whom does a Shali'ach resemble?

(b)

Answer #1 (Rava): He is like Beis Din (if he errs less than a sixth, the sale stands).

(c)

Answer #2 (Rav Shmuel bar Bisna): He is like a widow (any error invalidates the sale).

1.

Rava said that he is like Beis Din because he does not sell for himself, similar to Beis Din. A widow sells for herself!

2.

Rav Shmuel bar Bisna said that he is like a widow, since also he is an individual. Beis Din is a Rabim.

(d)

The Halachah is, a Shali'ach is like a widow.

(e)

Question: Why is this different than the following?

1.

(Mishnah): If a Shali'ach was told to take Terumah, he should take like the owner wants. If he does not know, he should take like an average person, one part in 50. If he took one in 40 or one in 60, the separation is valid.

(f)

Answer: Some people take Terumah generously (one in 40) and some take stingily (one in 60). The Shali'ach can say that he estimated that this is what the owner wanted to give. Regarding a sale it is a pure error. The owner can say 'you should not have erred.'

2)

A MISTAKE OF BEIS DIN

(a)

(Rav Nachman): The Halachah follows Chachamim.

(b)

Question: Elsewhere Rav Nachman is concerned for the power of Beis Din!

1.

(Rav Nachman citing Shmuel): If orphans come to divide their father's property, Beis Din appoints an overseer for them and they select a nice portion for them. When the orphans grow up, they can demand a new division;

2.

(Rav Nachman himself): They cannot demand a new division. If they could, Beis Din would be weak!

(c)

Answer: Rav Nachman is concerned for the power of Beis Din only when they did not err.

(d)

Question: If they did not err, why can the orphans protest (according to Shmuel)?

(e)

Answer: (They did not err about the value.) They erred about location (e.g. an orphan received a portion far from property that he inherited from his mother's father).

(f)

Version #1 (Rav Dimi): A case occurred, and Rebbi ruled like Chachamim.

1.

R. Parta: If so, Beis Din is weak!

2.

Rebbi reversed his ruling.

(g)

Version #2 (Rav Safra): A case occurred, and Rebbi was about to rule like Chachamim.

1.

R. Parta: If so, Beis Din is weak!

2.

Rebbi ruled like R. Shimon ben Gamliel. (end of Version #2)

3.

Suggestion: Rav Dimi holds that if one erred in Devar Mishnah (a clearly decided Halachah) we retract the ruling. Rav Safra holds that we do not retract the ruling.

4.

Rejection: No, all hold that we retract the ruling. They argue about the case that occurred.

(h)

(Rav Yosef): When a widow sells property, the orphans have Acharayos (to compensate the buyer if the land turns out to be stolen if a creditor takes it). The same applies when Beis Din sells property.

(i)

Objection: This is obvious!

(j)

Answer: The case of the widow is obvious, but the case of Beis Din is a Chidush;

100b----------------------------------------100b

1.

One might have thought that one who buys from Beis Din assumes that there has been enough publicity (and it would have become known if the land was stolen or has a lien against it), and buys without Acharayos. Rav Yosef teaches that this is not so.

(k)

(Mishnah - R. Shimon ben Gamliel): The sale stands.

(l)

Question: Up to how much of a mistake can Beis Din make (and the sale stands)?

(m)

Answer (Rav Huna bar Yehudah): They can err up to half the value.

1.

Support (Beraisa - R. Shimon ben Gamliel): If Beis Din sold a field worth 200 for 100, or a field worth 100 for 200, the sale stands.

3)

THE AUCTION OF BEIS DIN

(a)

(Ameimar): If Beis Din sold property without auctioning it, this is like a clear mistake, and the sale is invalid.

(b)

Objection: This is not just like a clear mistake. It is a clear mistake!

1.

(Mishnah): The auction of the property of orphans is 30 days. The auction of Hekdesh property is 60 days. Announcements are made morning and evening.

(c)

Answer: One might have thought that the Mishnah discusses only a Shali'ach who sells, but Beis Din does not need to announce. Ameimar teaches that this is not so.

(d)

Question (Rav Ashi - Mishnah): If an assessment of Beis Din was a sixth too little or too much, the sale is invalid.

1.

Inference: If the property was sold for the correct price, the sale would stand.

2.

Suggestion: The case is, no announcement was made.

(e)

Answer #1: No, the property was auctioned.

(f)

Objection: Since the Seifa discusses when it was auctioned, the Reisha discusses when it was not auctioned!

1.

(Seifa): If a letter of investigation was done, even if they sold a field worth 100 for 200, or worth 200 for 100, the sale stands.

(g)

Answer #2: Really, there was no auction. The Reisha discusses property that is not auctioned. The Seifa discusses property that is auctioned.

1.

The following are not auctioned: slaves, Metaltelim, and documents.

2.

We do not auction slaves, lest they run away. We do not auction Metaltelim and documents, lest people steal them.

(h)

Answer #3: The Reisha discusses a time when property is not auctioned; the Seifa discusses a time when it is auctioned.

1.

(Nehardai): We do not auction to pay for head-tax, food or burial.

(i)

Answer #4: The Reisha discusses a place where property is not auctioned; the Seifa discusses a place where it is auctioned.

1.

(Rav Nachman): Property was never auctioned in Nehardai.

2.

Assumption: This is because they were expert assessors.

3.

Rejection (Rav Yosef bar Minyomi citing Rav Nachman): No, it is because people who bought auctioned property were scorned (for capitalizing on the plight of orphans).

(j)

(Rav Yehudah): We assess and sell Metaltelim of orphans immediately.

(k)

(Rav Chisda): We (wait to) sell it in the markets.

1.

They do not argue. We wait only if the market day is coming soon.

(l)

Rav Kahana had beer of an orphan; he waited to sell it until the festival.

1.

Even though it would soon turn to vinegar, it was better to sell at the festival, when people pay cash (as opposed to credit).

(m)

Ravina was overseeing wine of an orphan. He was taking his own wine abroad (to sell it).

(n)

Question (Ravina): May I take the orphan's wine also?

(o)

Answer (Rav Ashi): Yes. You need not be more careful with it than with your own.

4)

WOMEN WHO HAVE NO KESUVAH

(a)

(Mishnah): The following have no Kesuvah, Peiros, food, or Bala'os (remnants (Rashi) or compensation for depreciation (Tosfos) of property she brought into the marriage):

1.

A minor who did Mi'un (decided to leave her mid'Rabanan marriage);

2.

A Sheniyah (a relative forbidden mid'Rabanan);

3.

An Ailonis (a girl who does not develop like a normal female).

4.

If he knew that she was an Ailonis when he married her, she receives a Kesuvah.

(b)

The following have a Kesuvah: a widow married to a Kohen Gadol, a divorcee or Chalutzah to a regular Kohen, a Mamzeres or Nesinah to a Yisrael, and a Bas Yisrael to a Nasin or Mamzer.

(c)

(Gemara - Rav): The text of the Mishnah says that a minor (who was married mid'Rabanan) has no Kesuvah if she was divorced. All the more so one who does Mi'un has no Kesuvah!

(d)

(Shmuel): The Mishnah says that one who did Mi'un has no Kesuvah. If she was divorced, she gets a Kesuvah.

(e)

This is like Shmuel taught elsewhere.

1.

(Shmuel): A Mema'enes gets no Kesuvah. A minor (married mid'Rabanan) who was divorced receives a Kesuvah;

2.

If she did Mi'un, she is not disqualified from marrying the brothers or a Kohen. If she was divorced, she is disqualified from marrying them.

3.

If she did Mi'un, she need not wait three months before remarrying. If she was divorced, she must wait three months before remarrying.

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