POINT BY POINT SUMMARY
Prepared by P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Kesuvos 99
1) AN AGENT THAT SOLD THE WRONG AMOUNT
(a) Objection: Since the end of the Mishnah is a case of
selling too cheaply, the beginning of the Mishnah is not
such a case!
1. (Mishnah): If her Kesuvah was 400, and she sold 100,
and another 100, and the last sale was worth 101 and
she sold it for 100 - the last sale is void, the
other sales stand.
(b) Answer: Both the beginning and end of the Mishnah are
cases of selling too cheaply.
1. The latter case teaches, only because she sold the
orphans' property (i.e. the last Dinar more than she
was entitled to) too cheaply, the sale is void - we
infer, when she sells her property (what she is
entitled to) too cheaply, the sale stands.
(c) Question: But we learn this earlier in the Mishnah!
1. (Mishnah): A widow's Kesuvah was 200. She sold
property of the orphans which was worth 100 for 200;
or, property worth 200 for 100. In either case, she
has received her full Kesuvah.
(d) Answer: One might have thought, we only say that the sale
stands (when she sold too cheaply) when the sale
completes payment of her Kesuvah; but when she is still
entitled to collect more, we would decree that the sale
is void, lest people say that the sale stands even when
she sold more than she was entitled to.
1. The end of the Mishnah teaches that there is no such
(e) Version #2: If a man told an agent 'Sell for me (land
fitting to sow) a Lesech' and the agent sold twice this
amount, clearly, we say that he fulfilled his mission and
added to it (and the sale of 1 Lesech stands).
(f) Question: If a man told an agent 'Sell for me 1 Kor' and
the agent sold half this amount, what is the law?
1. Can the agent say, I did even better than you
requested - had I sold the full amount, and you did
not need the money, you would not be able to
retract! (But now, you will retain half the land.)
(g) Answer (R. Chanina from Sura - Mishnah): Reuven gave
Shimon a gold Dinar and asked him to buy a cloak. Shimon
spent half the money for a cloak, and half for a Talis.
The money was found to be Hekdesh - both transgressed
2. Or, can the owner say, I do not want (to sell to 2
people because this will cause) that there will be
many documents saying that I sold land?
1. If such a case is considered fulfilling the mission
and adding to it, we understand why Reuven
2. Question: If it is considered changing the mission -
why did Reuven transgress?
3. Answer: Shimon spent half the Dinar and bought a
cloak worth a full Dinar.
4. Question: If so, why did Shimon transgress Me'ilah?
5. Answer: For buying the Talis with the rest of the
6. Question: If so, how do we understand the end of the
i. (Beraisa - R. Yehudah): Even in this case,
Reuven did not transgress Me'ilah, since he can
say, I wanted a big cloak, and you brought me a
small, bad one. (If it is worth a Dinar, why
does he say it is bad?)
7. Answer: It is 'bad' in price!
i. Reuven tells Shimon - had you spent the full
Dinar on the cloak, you would have gotten one
worth (more than) 2 Dinars.
8. Presumably, this answer is correct - the Beraisa
continues, 'R. Yehudah admits, if he was sent to buy
legumes (and spent half the money on legumes, half
on something else) Reuven also transgresses Me'ilah
- legumes are sold at the same rate whether one buys
a lot or a little.'
2) SELLING TO TOO MANY BUYERS
9. Question: What is the case?
(h) Answer (Mishnah): If her Kesuvah was 400, and she sold
100, and another 100, and the last sale was worth 101 and
she sold it for 100 - the last sale is void, the other
sales stand. (We see, a smaller sale is valid).
i. If in a place where legumes are sold by
estimation - there, one does receive a better
rate when buying in quantity!
10. Answer (Rav Papa): Rather, it is in a place where
one receives a fixed measure for each Prutah.
(i) Rejection: The case is, as Rav Shisha Brei d'Rav Idi said
(coming up) - the orphans inherited small plots of land
which are not normally sold to one buyer.
(a) The following case is obvious: If he said, sell to one
buyer, not to 2, a sale to 2 is invalid.
3) IF BEIS DIN ERRS
(b) Question: If he just said, sell to 1 person, what if he
sold to 2?
(c) Answer #1 (Rav Huna): Here also, he meant, sell to one
buyer, not to 2.
(d) Answer #2 (Rav Chisda and Rabah Bar Rav Huna): He meant,
sell to 1, or even to 2, or even to 100.
(e) Question (Rav Chisda and Rabah Bar Rav Huna to Rav
Nachman): How do you hold in such a case?
(f) Answer (Rav Nachman): He meant, sell to 1, or even to 2,
or even to 100.
(g) Question (Rav Chisda and Rabah Bar Rav Huna): Do you say
that the sale is valid, even if the agent made a mistake?
(h) Answer (Rav Nachman): No.
(i) Question (Rav Chisda and Rabah Bar Rav Huna): But it was
taught (Rashi; Tosfos - you yourself said), the sale of
land is not subject to the law of overcharging!
(j) Answer (Rav Nachman): That only applies when the owner
sells - but if an agent sells, the owner says, 'I sent
you to help me, not to harm me'!
1. The following Mishnah shows that we distinguish
between the owner and an agent.
(k) (Mishnah): If her Kesuvah was 400, and she sold 100, and
another 100, and the last sale was worth 101 and she sold
it for 100 - the last sale is void, the other sales
stand. (We see, if she sold to many buyers, the sale is
2. (Mishnah): One tells a messenger, take Terumah - he
should take as the owner wants. If he does not know,
he should take as an average person, 1/50, If he
took 1/40 or 1/60, the separation is valid.
i. Regarding the owner himself, a Beraisa teaches:
Even if he (accidentally) took 1/20, the
separation is valid.
(l) (Rav Shisha Brei d'Rav Idi): This is no proof - the case
is, the orphans inherited small plots of land which are
not normally sold to one buyer.
(a) (Mishnah): An assessment of Beis Din which was 1/6 too
much or too little - the sale is void; R. Shimon Ben
Gamliel says, the sale stands - if it is void, Beis Din
has no clout!
(b) If a letter of investigation (i.e. announcement that the
property is for sale) was done, even if property was sold
for double or half the value, the sale stands.
(c) (Gemara) Question: Whom does an agent resemble?