Bava Batra 104 - October 7, 5 Tishrei

Picture

Today is October 7. It’s hard to believe it has been a year since that tragic day. Sadly, we are still grappling with its aftermath. We continue to pray for the release of all the hostages, the safety of the soldiers on the front lines, the safe return of all those displaced from their homes, the full recovery of injured soldiers, and comfort for those mourning the loss of close family or friends. We also pray for the safety of those living under constant rocket attacks, and the list goes on… May this year bring peace and better days for Am Yisrael.

If a seller sells a field and does not specify anything further, do we allow for a margin of error? First, the Gemara tries to answer this question from our Mishna, but it is inconclusive. Then they derive from a braita that there is a margin of error, just like one who adds the words "more or less." The Mishna explains that if the amount given to the buyer is greater than the margin of error (1/4 of a kav per se'ah, 1/24), the seller can insist that the buyer pay for all the land greater than the amount agreed upon. The buyer cannot insist on giving back the land to the seller as a small piece of land is useless to the seller. This gives power to the seller over the buyer. However, according to a braita, the buyer can insist that the seller sell the land if it is more than the margin of error, giving the buyer power over the seller. To resolve this contradiction, the case of the braita is understood to be one in which the price fluctuated from the time of the sale and the time they realized there was a mistake in the size of the land given to the buyer. While the buyer cannot insist on buying it (as per the Mishna), if the seller chooses to sell it to the buyer, the buyer is forced to pay but can insist on paying the lower price, either the one at the time of the sale or the current price (as per the braita).

If the amount of land given to the buyer is nine kav more than agreed upon, the buyer can insist on returning the land to the seller, as nine kav of property is the minimum size of a field. Rav Huna and Rav Nachman disagree about whether this is an absolute amount (Rav Huna) and even if the field is larger than thirty se'ah, the buyer returns the amount to the seller (as there is no presumption of mechila for the amount of nine kav, even in a large field) or is it a relative amount (Rav Nachman) - nine kav for a field of 30 se'ah, as at that amount there is no presumption of mechila, but if it were in a larger field, there would be mechila by the seller on the error (as per 1/4 kav per se'ah). Rava raises difficulties with Rav Nachman's position, but they are resolved.

Rav Ashi asks: If a field was sold with a surplus of more than seven and a half, but less than nine kav, and when the surplus was measured, the field became potentially used as a garden, can the buyer return the surplus land to the seller? What about the reverse case? These questions remain unanswered.

If the seller owns the adjacent field to the one being sold, the buyer can return the land, even if the surplus is less than nine kav. What if there is a pit, water channel, road, or row of palm trees separating the surplus land from the seller's field?