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Bava Basra 105

BAVA BASRA 101-105 - Sponsored by a generous grant from an anonymous donor. Kollel Iyun Hadaf is indebted to him for his encouragement and support and prays that Hashem will repay him in kind.


(a) (Mishnah - Ben Nanas): 'I sell to you (a Beis Kor) measured by a rope, be it less or more' - (the latter clause) 'be it less or more' overrides 'measured by a rope'.
(b) 'Be it less or more, measured by a rope' - 'measured by a rope' overrides 'be it less or more'.
(c) (R. Aba bar Mamal): Other Tana'im argue with Ben Nanas.
(d) Question: We already know this from a Mishnah!
1. (Mishnah): There was a case in Tzipori, Levi rented a bathhouse to Yehudah for 12 Dinarim for the year, a Dinar per month; R. Shimon ben Gamliel and R. Yosi ruled that he pays half for the added month.
2. (They do not say that the latter clause overrides the former!)
(e) Answer: One might have thought, there, we are not sure if he retracted (and wants 13 if it will be a leap year), or if he only comes to explain (indeed, the rent is 12 even if it will be a leap year, but rent is due every month, not at the end of the year);
1. Here, surely he retracted, they would admit to Ben Nanas - R. Aba teaches, this is not so.
(f) (Rav Yehudah): This (our Mishnah) is like Ben Nanas, but Chachamim say, the buyer has the lower hand (since we are unsure which phrase overrides the other).
(g) Inference: This is like Ben Nanas - this implies that this is not the Halachah;
(h) Question: But Rav and Shmuel taught, if Reuven sold to Shimon 'A Kor (of grain) for 30 (Sela'im)', either can retract until all is measured out;
1. If he said 'A Kor for 30, each Se'ah for a Sela', after each Se'ah is measured out, neither can retract (the latter clause overrides the former, each Se'ah is a sale by itself)!
(i) Answer #1: Rather, this is like Ben Nanas, and the Halachah follows him.
(j) Question: Is it really true that Shmuel rules like Ben Nanas?!
1. But Shmuel taught, the (above) Mishnah is when they argue in the middle of the month - but if they argue at the beginning of the month, the renter must pay for it; if they argue at the end of the month, the renter need not pay for it! (The latter clause does not override the former!)

(k) Answer #2: Really, Shmuel says the Halachah does not follow Ben Nanas; regarding the bathhouse, whoever is Muchzak (holding the money after using it, or has the bathhouse before the other uses it) has the upper hand.
(l) (Rav Huna citing bei Rav): Levi said 'I sell this for Istira (a Sela), 100 Ma'os' (and Yehudah agreed) - he owes 100 Ma'os;
1. 'I sell for 100 Ma'os, Istira' - Yehudah owes Istira.
(m) Question: Rav teaches that the latter clause overrides the former - he already taught this in another way!
1. (Rav): I would say that the renter must pay to use the bathhouse in the added month.
(n) Answer: If he only said that, one might have thought that there, the reason is not because the latter clause overrides the former, rather, because the latter clause explains the former. (Therefore, he also taught about '100 Ma'os/Istira' to teach that the latter clause overrides the former.)
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