POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Bava Basra 106
BAVA BASRA 101-108 - 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.
1) A SALE WITHIN DEFINED BORDERS
(a) (Mishnah): 'I sell to you the Beis Kor within the
following borders' - if it is less than a sixth (less
than a Beis Kor), the sale stands; up to a sixth, he
deducts from the price (this will be explained).
(b) (Gemara - Rav Huna): If it is a sixth less, it is as if
it is lacking less than a sixth, he does not deduct from
(c) (Rav Yehudah): If it is a sixth less, it is as if it is
lacking more than a sixth, he deducts from the price.
(d) Rav Huna explains the Mishnah as follows: if it is less
than (or exactly) a sixth (less than a Beis Kor), the
sale stands; more than a sixth, he deducts from the
(e) Rav Yehudah explains the Mishnah as follows: if it is
less than a sixth, the sale stands; (exactly or) more
than a sixth, he deducts from the price.
(f) Question (against Rav Huna - Beraisa): ('I sell to you
the Beis Kor) within the following borders' - if it is a
sixth less or more (than a Beis Kor), the law is like
when judges estimated land of orphans (and erred) - the
1. Regarding estimation of judges, a mistake of a sixth
is like more than a sixth!
(g) Counter-question (Rav Huna): But it says, the sale
(h) (We follow the Rashbam's text, see Bach) Answer (Rav
Huna): We must explain thusly: It is like the estimation
of judges regarding a sixth, the sale stands (according
to R. Shimon ben Gamliel, the Beraisa is like him).
(i) Question: This is difficult for Rav Yehudah!)
(j) Answer (Rav Yehudah): It is like the estimation of judges
(in one aspect), it is not like the estimation of judges
(in another aspect):
1. It is like the estimation of judges regarding a
sixth, the mistake is not pardoned (the Beraisa is
(k) Ploni sold land to Rav Papa, he said 'It measures 20
Grivi'; in truth, it was 15.
2. It is unlike the estimation of judges, for there,
the sale is void; here, it stands, he deducts from
2) DIVISION OF BROTHERS
1. Abaye: You realized it was 15, and bought in anyway.
i. Question (Mishnah): If it is a sixth less, the
sale stands; up to a sixth, he deducts from the
2. Rav Papa: But he told me 20!
ii. Answer: That is when the buyer did not know;
here, Rav Papa knew it was 15.
3. Abaye: He can say, I meant that it is as good as a
field of 20.
(a) (Beraisa - R. Yosi): When brothers divide an estate, once
one picks his share by lottery, everyone acquires his
share (Ra'avad - if two or more brothers remain, they
must divide the rest by lottery; Rashbam - they can
divide the rest as they wish; Ran - if they agreed that
the portions would go in order (e.g. according to their
births), all the shares are acquired when the first
brother picks his share).
(b) Question: What is the reason?
(c) Answer (R. Elazar): It is like the initial division of
Eretz Yisrael: just as that was by lottery, also
(d) Question: If it must be like the initial division of
Eretz Yisrael, we should require not only a box (for the
lots), but also (Re'em; alternatively - we should require
a Kodesh urn and) the Urim v'Tumim!
(e) Answer (Rav Ashi): The brothers decide absolutely that
the division should be according to the lottery - this
helps as if they had the Urim v'Tumim.
(f) (Rav): Two brothers divided an estate; a third brother
came from abroad. The division is void (they must make a
(g) (Shmuel): (The division stands,) each brother gives a
third of his share to the third brother (Rashbam; Tosfos
- the third brother picks by lottery, we leave the
initial division intact as much as possible (e.g. if the
third brother picked a field which the other two would
have shared, each of the other two keeps the fields he
was supposed to get by himself).
(h) Question (Rava): According to Rav, the division is void -
this says that a division without the knowledge of one of
the parties is invalid;
1. If so, if there were three partners or brothers, and
two of them divided by themselves (in front of Beis
Din), will we say that the division is invalid
(Rashbam - if the third objects; Meiri - even if the
(i) Answer (Rav Nachman): That is different - there, they
knew that there were three, they picked portions
1. In Rav's case, they thought that they were only two.
(j) Question (Rav Papa): According to Shmuel, the division
stands - this says that if a division gave the wrong
amounts, it is valid (we just correct the amounts);
1. 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 (Shmuel should
say, what was measured is sold)!
(k) Answer (Abaye): There, Chachamim enacted according to
what the parties want, that they can retract until all is
measured (in case the price changes).
2. If he said 'A Kor for 30, each Se'ah for a Sela',
after each Se'ah is measured out, neither can