REVACH L'DAF
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SUMMARY
If someone exchanged a cow for a donkey or he sold a maidservant and it gave birth and the seller claims that it gave birth before the sale while the buyer claims it gave birth after the sale it is divided between them. (1)
If someone sells his field or his servant and he owns one big one and one small one and the buyer claims he bought the big one and the seller says he doesn't know the buyer receives the big one.
If the seller says he sold the small one and the buyer says he doesn't know he receives the small one.
If the buyer says he bought the big one and the seller says he sold the small one the seller swears he sold the small one. (2)
If they both say they don't know which one was sold was sold they split the difference between them.
Rabah Bar Huna says that Sumchus holds that when there is a Safek it is divided between the parties even if they both are certain, while Rava holds that it is only it is divided between them if both claims are not certain.
Sumchus agrees in a case that a person is Modeh b'Miktzas and he is Chayav a Shevu'ah Min ha'Torah that he smut swear and we don't divide it between them.
Although there is no Chiyuv Shevu'ah on Karka if a person is Chayav to swear on Metaltelin he must swear on Karka as well with a Gilgul Shevu'ah.
It is a Machlokes Tana'im whether a servant has the Din of Karka and there is no Chiyuv Shevu'ah or if servants are like Metaltelin and there is a Chiyuv Shevu'ah.
The Tana Kama holds if someone claims that he is owed wheat and the defendant admits that he owes barley he is Patur from a Shevu'as Modeh b'Miktzas, while R. Gamliel argues.
If someone is Modeh b'Miktzas and he is prepared to give what he admits he owed he is not Chayav a Shevu'as Modeh b'Miktzas.
If someone steals an animal or a servant and they get old he must pay the amount they were worth at the time of the Gezeilah, while R. Meir hold regarding a stolen servant he may give it back as it is. (3)
If a cow is exchanged for a donkey or a maidservant is sold and it gives birth and one of them claims that it was born in his possession and the other one says is silent the one who makes the claim is Zocheh.
If they both say they don't know they divide the offspring between them.
If they both say it was born in their possession the seller swears that it was born in his Reshus according to R. Meir because every time there is a Chiyuv Shevu'ah the person who is defending the claim is the one that swears.
The Chachamim hold that regarding the maidservant there is no Chiyuv Shevu'ah because a person doesn't swear in servants or on Karka.
If someone claims that his friend owes him ten vines loaded with grapes and his fired says he owes him only five R. Meir holds he must swear a Shevu'as Modeh b'Miktzas, while the Chachamim hold anything that is attached to the Karka is the same as Karka and there is no Chiyuv Shevu'ah.
R. Yosi Bar Chanina holds the Machlokes between R. Meir and the Rabanan is regarding grapes that are ready to be harvested, R. Meir holds it is considered that they are already harvested while the Chachamim argue.
If someone sells his olive trees for the purpose of cutting off the branches for firewood and they produced olives if he told him to cut off the branches immediately the olives belong to the owner of the Karka.
If he told him to cut down the branches whenever he chooses the olives belong to the buyer, but if he sold it to him Stam if the olives produce only a Revi'is of oil per Se'ah the owner of the land is not Makpid and it belongs to the buyer but if the olives produce more than a Revi'is of oil per Se'ah the owner of the land is Makpid and it belongs to him. (4)
If an olive tree is flooded into his friend's field and it grows olives and the owner of the tree says that it was my tree that produced the olives while the owner of the land says it was my land that produced the olives they split the olives between them.
A BIT MORE
1. This is in accordance with Sumchus who holds that when there is a Safek it is divided between them, while the Rabanan hold that we say Ha'Motzi me'Chaveiro Alav ha'Re'ayah and if it gives birth in the Reshus of one of them he may keep it.
2. Even though he is not Modeh b'Miktzas because he is not admitting to any of the claim but rather he is admitting to something else the Mishnah is in accordance with R. Gamliel who holds that even in such a case he must swear a Shevu'as Modeh b'Miktzas. Even though it is a case of Heilach because he is prepared to give the claims and what he is admitting that he owes in this case the servant's hand was cut off or pits were dug in the field so he is not giving him fully what he admits he owes. Even though there is no Chiyuv Shevu'ah on servants this Mishnah is in accordance with R. Meir who holds there is a Chiyuv Shevu'ah on servants.
3. The Tana Kama holds that when they get old it is a Shinuy and the Gazlan is Koneh the animal or servant and he must pay the amount it was worth at the time it was stolen, however R. Meir holds that a servant shares the same Din as Karka and therefore the Gazlan is not Koneh it with a Shinuy because the Gezeilah do not apply to Karka and he may return it as it is.
4. It must produce a Revi'is of oil besides the expenses of producing the oil.
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BRIEF INSIGHT
AN EXCHANGE
If someone exchanged a cow for a donkey or sold a maidservant and it gave birth and the seller claims that it gave birth before the sale while the buyer claims it gave birth after the sale they divide it between them according to Sumchus who holds that when there is a Safek it is divided between them, while the Rabanan hold that we say Ha'Motzi me'Chaveiro Alav ha'Re'ayah and if it gives birth in the Reshus of one of them he may keep it. The Nimukei Yosef says that if neither of them is Muchzak even according to the Rabanan the Din is that it is divided between them.
QUICK HALACHAH
A DISPUTED SALE
If someone exchanged a cow for a donkey and the owner of the cow did Meshichah on the donkey and the cow remains in his house and the owner of the cow claims that it gave birth before the Meshichah, while the owner of the donkey claims that it gave birth after the Meshichah and so too if someone sells a maidservant and he received payment and the seller claims it gave birth before he received payment and the buyer claims it gave birth after he paid even if the buyer is certain and the seller is uncertain the buyer must bring proof even if the cow or maidservant is not in the Reshus of the seller and it is in a swamp. If he fails to bring proof the seller swears on the offspring of the cow while holding an object and regarding the offspring of the maidservant he must swear a Shevu'ah Heses. If the buyer is Muchzak the seller must bring proof. (Shulchan Aruch CM 223:1)
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