Search

Bava Batra 105

Want to dedicate learning? Get started here:

podcast placeholder

0:00
0:00




Summary

If a seller says “I am selling you land the size of a beit kor measured out with a rope, more or less” – is the second part of the statement indicating a change of mind, or was it meant to keep open both possibilities? Ben Nanas says we hold by the last words.

Rav points out that the rabbis disagree and hold that they split the difference since it is unclear what the seller intended. Why was it necessary for Rav to point this out when there is already a case in a Mishna regarding a rental agreement for “twelve months for twelve gold dinarim, one dinar per month” and Rabban Shimon ben Gamliel and Rabbi Yosi ruled in a case of a leap year that the rent for the thirteenth month was to be split between the owner and the renter? The Gemara distinguishes between the two cases, explaining why it may not have been clear that the law would be the same in both cases.

Shmuel held that those who disagree and think that the language is unclear hold that the seller has the upper hand as the land is in the seller’s possession (in a case of doubt, the burden of proof lies on the one trying to take something from the possession of another). When Shmuel pointed out that some disagreed with Ben Nanas, did he mean to say that he held like the others or not? The Gemara brings other similar cases to assess whether Shmuel held like/against Ben Nanas and after differentiating between the cases, concludes that Shmuel held like the rabbis.

Rav Huna explains that Rav rules like Ben Nanas in a different, but similar case. Why was it necessary for him to teach that ruling, if Rav’s ruling was known from a different case?

Today’s daily daf tools:

Bava Batra 105

בִּטֵּל ״מִדָּה בְּחֶבֶל״ ״הֵן חָסֵר הֵן יָתֵר״; דִּבְרֵי בֶּן נַנָּס.

the words: Measured precisely with a rope, nullify the words: More or less, since the principle is that in all cases, one should attend to the final expression; this is the statement of ben Nanas.

גְּמָ׳ אָמַר רַבִּי אַבָּא בַּר מֶמֶל אָמַר רַב: חוֹלְקִין עָלָיו חֲבֵירָיו עַל בֶּן נַנָּס. מַאי קָא מַשְׁמַע לַן? תְּנֵינָא: מַעֲשֶׂה בְּצִיפּוֹרִי, בְּאֶחָד שֶׁשָּׂכַר מֶרְחָץ מֵחֲבֵירוֹ בִּשְׁנֵים עָשָׂר זְהוּבִים לְשָׁנָה – דִּינַר זָהָב לְחֹדֶשׁ;

GEMARA: Rabbi Abba bar Memel says that Rav says: Ben Nanas’s colleagues disagree with him with regard to his ruling that one should attend to the final expression. The Gemara asks: What new halakha is Rav teaching us? Don’t we already learn that they disagree from a mishna (Bava Metzia 102a): There was once an incident in Tzippori involving one who rented a bathhouse from another, and it was stated that the rental fee would be twelve gold dinars [zehuvim] a year, one gold dinar per month, and the year was later intercalated, an extra month being added.

וּבָא מַעֲשֶׂה לִפְנֵי רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל וְלִפְנֵי רַבִּי יוֹסֵי, וְאָמְרוּ: יַחְלוֹקוּ אֶת חֹדֶשׁ הָעִיבּוּר!

The incident came before Rabban Shimon ben Gamliel and before Rabbi Yosei for a decision as to whether the intercalated month is included in the words: Twelve gold dinars a year, or whether an additional payment must be made for that month, as the agreement stipulated: One gold dinar per month. And they said: The landlord and the tenant should divide the intercalated month between them, and so the tenant should pay only half a gold dinar for it. This indicates that these Sages ruled that the meaning of an agreement containing two contradictory expressions is in doubt, and therefore the parties divide the disputed amount between them. From here it follows that they disagree with the opinion of ben Nanas, who says that in such a case one should attend to the final expression.

אִי מֵהָתָם, הֲוָה אָמֵינָא: הָתָם הוּא דְּאִיכָּא לְמֵימַר מִיהְדָּר קָא הָדַר בֵּיהּ, וְאִיכָּא לְמֵימַר פָּרוֹשֵׁי קָא מְפָרֵשׁ. אֲבָל הָכָא, דְּוַדַּאי קָא הָדַר בֵּיהּ, אֵימָא לָא; קָא מַשְׁמַע לַן.

The Gemara replies: If the Sages’ opinion was derived only from there, I would not know that they disagree with the opinion of ben Nanas in all cases, as I would say that it is only there that the Sages say that the parties divide the disputed sum between them. As it is possible to say that the landlord retracted his first statement and set the rental fee at one gold dinar per month, but it is also possible to say that he is explaining his earlier statement. That is to say, he did not mean to relate to the intercalated month; rather, he was clarifying that payment was to be made not with a lump sum at the end of the year, but in monthly installments. Since there is uncertainty with regard to his intention, the parties divide the contested sum between them. But here in the mishna, where the seller certainly retracted his first statement, one might say that the Sages do not disagree with ben Nanas. Therefore, the mishna teaches us that in all cases the Sages disagree with ben Nanas.

אָמַר רַב יְהוּדָה אָמַר שְׁמוּאֵל: זוֹ דִּבְרֵי בֶּן נַנָּס, אֲבָל חֲכָמִים אוֹמְרִים: הַלֵּךְ אַחַר פָּחוֹת שֶׁבַּלְּשׁוֹנוֹת.

Similar to what was cited above in the name of Rav, Rav Yehuda says that Shmuel says: This is the statement of ben Nanas, who says with regard to a case of contradictory expressions that one should attend to the final expression; but the Sages say: Follow the least inclusive expression, the one that is the least advantageous to the buyer, in keeping with the principle that in a case of uncertainty, the burden of proof rests upon the claimant.

״זוֹ״ – וְלָא סְבִירָא לֵיהּ?! וְהָא רַב וּשְׁמוּאֵל דְּאָמְרִי תַּרְוַיְיהוּ: ״כּוֹר בִּשְׁלֹשִׁים אֲנִי מוֹכֵר לָךְ״ – יָכוֹל לַחֲזוֹר בּוֹ אֲפִילּוּ בַּסְּאָה הָאַחֲרוֹנָה.

The Gemara asks: Did Shmuel mean to say that this is the statement of ben Nanas, but he, Shmuel, does not agree with him? But don’t Rav and Shmuel both say: If the seller said to the buyer: I am selling you a kor of grain, an amount equivalent to thirty se’a, for the sum of thirty sela, he can renege on the entire sale even while measuring out the last se’a. Since the seller stipulated that he was selling a full kor of grain, as long as he has not yet measured out the full amount, he may still renege, as the sale is not yet complete.

״כּוֹר בִּשְׁלֹשִׁים – סְאָה בְּסֶלַע אֲנִי מוֹכֵר לָךְ״ – רִאשׁוֹן רִאשׁוֹן קָנָה. אֶלָּא ״זוֹ״ – וּסְבִירָא לֵיהּ.

But if the seller said to the buyer: I am selling you a kor of grain for thirty sela, each se’a for a sela, the buyer acquires each se’a one by one as it is being measured out to him. Since the seller specified the price per sela, he has indicated that he is ready to sell each sela on its own. This seems to indicate that Shmuel maintains that in a case of contradictory expressions, one should attend to the final expression. Rather, Shmuel’s formulation: This is the statement of ben Nanas, must be explained as follows: This is the statement of ben Nanas, and he, Shmuel, agrees with him that one should attend to the final expression.

וּמִי סְבִירָא לֵיהּ?! וְהָאָמַר שְׁמוּאֵל: בְּבָא בָּאֶמְצַע הַחֹדֶשׁ עָסְקִינַן; אֲבָל בָּא בִּתְחִלַּת הַחֹדֶשׁ – כּוּלּוֹ לַמַּשְׂכִּיר. בְּסוֹף הַחֹדֶשׁ – כּוּלּוֹ לַשּׂוֹכֵר!

The Gemara asks: And does Shmuel actually agree with him? But doesn’t Shmuel say: Concerning the ruling of the Sages that the landlord and the tenant should divide the intercalated month between them, we are dealing with a case where the landlord came to collect the rent in the middle of the month. Only in that case is the disputed rent divided between them. But in a case where he came to collect the rent at the beginning of the month, the entire sum goes to the landlord who is demanding payment, since he is in possession of the property. And if he came at the end of the month, the entire sum goes to the tenant who is refusing payment, since he is in possession of the money. This indicates that Shmuel maintains that in a case of contradictory expressions, one should not attend to the latter expression. Rather, the case is viewed as one of uncertainty, and the burden of proof rests upon the claimant.

אֶלָּא לְעוֹלָם ״זוֹ״ – וְלָא סְבִירָא לֵיהּ. וְהָתָם טַעְמָא מַאי – מִשּׁוּם דְּתָפֵיס,

Rather, it must be that Shmuel actually meant to say that this is the statement of ben Nanas, but he, Shmuel, does not agree with him that one should attend to the latter expression. In fact, he is in agreement with the Sages who maintain that two contradictory expressions create a case of uncertainty. And there, in the case of the rent for the intercalated month, what is the reason for his ruling that if the landlord came to collect the rent at the beginning of the month, the entire sum goes to the landlord, whereas if he came at the end of the month, the money goes to the tenant? Because the party who is awarded the money was seen as already being in possession of it, and in a case of uncertainty, money is left in the hands of the party enjoying possession.

הָכָא נָמֵי – הָא תָּפֵיס.

Here too, in the case where the seller says that he is selling a kor of grain for thirty sela, each se’a for a sela, the buyer was seen as already being in possession of each se’a that was measured out to him, and therefore the seller cannot renege on the sale. It is for this reason that the buyer acquires the grain, and not because of the principle that in a case of contradictory expressions, one should attend to the latter expression.

אָמַר רַב הוּנָא, אָמְרִי בֵּי רַב: ״אִיסְתֵּרָא, מְאָה מָעֵי״ – מְאָה מָעֵי. ״מְאָה מָעֵי, אִיסְתֵּרָא״ – אִיסְתֵּרָא.

On a similar topic, Rav Huna says that they say in the school of Rav: If the seller said to the buyer: I am selling you this item for an istera, one hundred ma’a, an istera being a silver coin equal to ninety-six copper ma’a, it is assumed he meant one hundred ma’a. And if the seller reversed the order and said that he was selling the item for one hundred ma’a, an istera, it is assumed he meant an istera.

מַאי קָא מַשְׁמַע לַן – תְּפוֹס לָשׁוֹן אַחֲרוֹן? הָא אַמְרַהּ רַב חֲדָא זִימְנָא – דְּאָמַר רַב: אִי הֲוַאי הָתָם, הֲוָה יָהֵיבְנָא כּוּלֵּיהּ לְמַשְׂכִּיר!

The Gemara asks: What new halakha is Rav teaching us? Is it that with regard to a statement comprised of contradictory expressions one should attend only to the last statement? Didn’t Rav already say this on another occasion? As Rav says: Had I been there as a judge when the ruling was issued with regard to the rental fee for the intercalated month, I would have given the entire month’s rent to the landlord, based on the final expression in the rental agreement: One gold dinar per month.

אִי אִיתְּמַר הָא וְלָא אִיתְּמַר הָא, הֲוָה אָמֵינָא: מִיהְדָּר קָא הָדַר בֵּיהּ. אֲבָל הָכָא, מַהוּ דְּתֵימָא פָּרוֹשֵׁי קָא מְפָרֵשׁ; קָא מַשְׁמַע לַן.

The Gemara answers: Nevertheless, it was necessary to state both rulings, as the one cannot necessarily be inferred from the other. If this halakha with regard to the istera was stated and that halakha with regard to the intercalated month was not stated, I would say that when the seller uttered the second expression: One hundred ma’a, he retracted his first expression: An istera, as the two expressions contradict one another, and for that reason Rav said that one should attend to the final expression. But here, in the case of the intercalated month, perhaps you would say that when the landlord utters the second expression: One gold dinar per month, he is explaining the original intent of his first expression: Twelve gold dinars a year, and one should view it as a clarification. Therefore Rav comes and teaches us that in all cases one should attend to the final expression.

Today’s daily daf tools:

Delve Deeper

Broaden your understanding of the topics on this daf with classes and podcasts from top women Talmud scholars.

For the Beyond the Daf shiurim offered in Hebrew, see here.

New to Talmud?

Check out our resources designed to help you navigate a page of Talmud – and study at the pace, level and style that fits you. 

The Hadran Women’s Tapestry

Meet the diverse women learning Gemara at Hadran and hear their stories. 

I started learning Gemara at the Yeshivah of Flatbush. And I resumed ‘ברוך ה decades later with Rabbanit Michele at Hadran. I started from Brachot and have had an exciting, rewarding experience throughout seder Moed!

Anne Mirsky (1)
Anne Mirsky

Maale Adumim, Israel

What a great experience to learn with Rabbanit Michelle Farber. I began with this cycle in January 2020 and have been comforted by the consistency and energy of this process throughout the isolation period of Covid. Week by week, I feel like I am exploring a treasure chest with sparkling gems and puzzling antiquities. The hunt is exhilarating.

Marian Frankston
Marian Frankston

Pennsylvania, United States

As Jewish educator and as a woman, I’m mindful that Talmud has been kept from women for many centuries. Now that we are privileged to learn, and learning is so accessible, it’s my intent to complete Daf Yomi. I am so excited to keep learning with my Hadran community.

Sue Parker Gerson
Sue Parker Gerson

Denver, United States

I heard about the syium in January 2020 & I was excited to start learning then the pandemic started. Learning Daf became something to focus on but also something stressful. As the world changed around me & my family I had to adjust my expectations for myself & the world. Daf Yomi & the Hadran podcast has been something I look forward to every day. It gives me a moment of centering & Judaism daily.

Talia Haykin
Talia Haykin

Denver, United States

In January 2020 on a Shabbaton to Baltimore I heard about the new cycle of Daf Yomi after the siyum celebration in NYC stadium. I started to read “ a daily dose of Talmud “ and really enjoyed it . It led me to google “ do Orthodox women study Talmud? “ and found HADRAN! Since then I listen to the podcast every morning, participate in classes and siyum. I love to learn, this is amazing! Thank you

Sandrine Simons
Sandrine Simons

Atlanta, United States

I’ve been studying Talmud since the ’90s, and decided to take on Daf Yomi two years ago. I wanted to attempt the challenge of a day-to-day, very Jewish activity. Some days are so interesting and some days are so boring. But I’m still here.
Wendy Rozov
Wendy Rozov

Phoenix, AZ, United States

תמיד רציתי. למדתי גמרא בבית ספר בטורונטו קנדה. עליתי ארצה ולמדתי שזה לא מקובל. הופתעתי.
יצאתי לגימלאות לפני שנתיים וזה מאפשר את המחוייבות לדף יומי.
עבורי ההתמדה בלימוד מעגן אותי בקשר שלי ליהדות. אני תמיד מחפשת ותמיד. מוצאת מקור לקשר. ללימוד חדש ומחדש. קשר עם נשים לומדות מעמיק את החוויה ומשמעותית מאוד.

Vitti Kones
Vitti Kones

מיתר, ישראל

I saw an elderly man at the shul kiddush in early March 2020, celebrating the siyyum of masechet brachot which he had been learning with a young yeshiva student. I thought, if he can do it, I can do it! I began to learn masechet Shabbat the next day, Making up masechet brachot myself, which I had missed. I haven’t missed a day since, thanks to the ease of listening to Hadran’s podcast!
Judith Shapiro
Judith Shapiro

Minnesota, United States

I started learning at the beginning of the cycle after a friend persuaded me that it would be right up my alley. I was lucky enough to learn at Rabbanit Michelle’s house before it started on zoom and it was quickly part of my daily routine. I find it so important to see for myself where halachot were derived, where stories were told and to get more insight into how the Rabbis interacted.

Deborah Dickson
Deborah Dickson

Ra’anana, Israel

I started learning when my brother sent me the news clip of the celebration of the last Daf Yomi cycle. I was so floored to see so many women celebrating that I wanted to be a part of it. It has been an enriching experience studying a text in a language I don’t speak, using background knowledge that I don’t have. It is stretching my learning in unexpected ways, bringing me joy and satisfaction.

Jodi Gladstone
Jodi Gladstone

Warwick, Rhode Island, United States

I started with Ze Kollel in Berlin, directed by Jeremy Borowitz for Hillel Deutschland. We read Masechet Megillah chapter 4 and each participant wrote his commentary on a Sugia that particularly impressed him. I wrote six poems about different Sugiot! Fascinated by the discussions on Talmud I continued to learn with Rabanit Michelle Farber and am currently taking part in the Tikun Olam course.
Yael Merlini
Yael Merlini

Berlin, Germany

Ive been learning Gmara since 5th grade and always loved it. Have always wanted to do Daf Yomi and now with Michelle Farber’s online classes it made it much easier to do! Really enjoying the experience thank you!!

Lisa Lawrence
Lisa Lawrence

Neve Daniel, Israel

Last cycle, I listened to parts of various מסכתות. When the הדרן סיום was advertised, I listened to Michelle on נידה. I knew that בע”ה with the next cycle I was in (ב”נ). As I entered the סיום (early), I saw the signs and was overcome with emotion. I was randomly seated in the front row, and I cried many times that night. My choice to learn דף יומי was affirmed. It is one of the best I have made!

Miriam Tannenbaum
Miriam Tannenbaum

אפרת, Israel

I started last year after completing the Pesach Sugiyot class. Masechet Yoma might seem like a difficult set of topics, but for me made Yom Kippur and the Beit HaMikdash come alive. Liturgy I’d always had trouble connecting with took on new meaning as I gained a sense of real people moving through specific spaces in particular ways. It was the perfect introduction; I am so grateful for Hadran!

Debbie Engelen-Eigles
Debbie Engelen-Eigles

Minnesota, United States

I had no formal learning in Talmud until I began my studies in the Joint Program where in 1976 I was one of the few, if not the only, woman talmud major. It was superior training for law school and enabled me to approach my legal studies with a foundation . In 2018, I began daf yomi listening to Rabbanit MIchelle’s pod cast and my daily talmud studies are one of the highlights of my life.

Krivosha_Terri_Bio
Terri Krivosha

Minneapolis, United States

When we heard that R. Michelle was starting daf yomi, my 11-year-old suggested that I go. Little did she know that she would lose me every morning from then on. I remember standing at the Farbers’ door, almost too shy to enter. After that first class, I said that I would come the next day but couldn’t commit to more. A decade later, I still look forward to learning from R. Michelle every morning.

Ruth Leah Kahan
Ruth Leah Kahan

Ra’anana, Israel

I started learning on January 5, 2020. When I complete the 7+ year cycle I will be 70 years old. I had been intimidated by those who said that I needed to study Talmud in a traditional way with a chevruta, but I decided the learning was more important to me than the method. Thankful for Daf Yomi for Women helping me catch up when I fall behind, and also being able to celebrate with each Siyum!

Pamela Elisheva
Pamela Elisheva

Bakersfield, United States

With Rabbanit Dr. Naomi Cohen in the Women’s Talmud class, over 30 years ago. It was a “known” class and it was accepted, because of who taught. Since then I have also studied with Avigail Gross-Gelman and Dr. Gabriel Hazut for about a year). Years ago, in a shiur in my shul, I did know about Persians doing 3 things with their clothes on. They opened the shiur to woman after that!

Sharon Mink
Sharon Mink

Haifa, Israel

My husband learns Daf, my son learns Daf, my son-in-law learns Daf.
When I read about Hadran’s Siyyum HaShas 2 years ago, I thought- I can learn Daf too!
I had learned Gemara in Hillel HS in NJ, & I remembered loving it.
Rabbanit Michelle & Hadran have opened my eyes & expanding my learning so much in the past few years. We can now discuss Gemara as a family.
This was a life saver during Covid

Renee Braha
Renee Braha

Brooklyn, NY, United States

I started learning Dec 2019 after reading “If all the Seas Were Ink”. I found
Daily daf sessions of Rabbanit Michelle in her house teaching, I then heard about the siyum and a new cycle starting wow I am in! Afternoon here in Sydney, my family and friends know this is my sacred time to hide away to live zoom and learn. Often it’s hard to absorb and relate then a gem shines touching my heart.

Dianne Kuchar
Dianne Kuchar

Dover Heights, Australia

Bava Batra 105

בִּטֵּל ״מִדָּה בְּחֶבֶל״ ״הֵן חָסֵר הֵן יָתֵר״; דִּבְרֵי בֶּן נַנָּס.

the words: Measured precisely with a rope, nullify the words: More or less, since the principle is that in all cases, one should attend to the final expression; this is the statement of ben Nanas.

גְּמָ׳ אָמַר רַבִּי אַבָּא בַּר מֶמֶל אָמַר רַב: חוֹלְקִין עָלָיו חֲבֵירָיו עַל בֶּן נַנָּס. מַאי קָא מַשְׁמַע לַן? תְּנֵינָא: מַעֲשֶׂה בְּצִיפּוֹרִי, בְּאֶחָד שֶׁשָּׂכַר מֶרְחָץ מֵחֲבֵירוֹ בִּשְׁנֵים עָשָׂר זְהוּבִים לְשָׁנָה – דִּינַר זָהָב לְחֹדֶשׁ;

GEMARA: Rabbi Abba bar Memel says that Rav says: Ben Nanas’s colleagues disagree with him with regard to his ruling that one should attend to the final expression. The Gemara asks: What new halakha is Rav teaching us? Don’t we already learn that they disagree from a mishna (Bava Metzia 102a): There was once an incident in Tzippori involving one who rented a bathhouse from another, and it was stated that the rental fee would be twelve gold dinars [zehuvim] a year, one gold dinar per month, and the year was later intercalated, an extra month being added.

וּבָא מַעֲשֶׂה לִפְנֵי רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל וְלִפְנֵי רַבִּי יוֹסֵי, וְאָמְרוּ: יַחְלוֹקוּ אֶת חֹדֶשׁ הָעִיבּוּר!

The incident came before Rabban Shimon ben Gamliel and before Rabbi Yosei for a decision as to whether the intercalated month is included in the words: Twelve gold dinars a year, or whether an additional payment must be made for that month, as the agreement stipulated: One gold dinar per month. And they said: The landlord and the tenant should divide the intercalated month between them, and so the tenant should pay only half a gold dinar for it. This indicates that these Sages ruled that the meaning of an agreement containing two contradictory expressions is in doubt, and therefore the parties divide the disputed amount between them. From here it follows that they disagree with the opinion of ben Nanas, who says that in such a case one should attend to the final expression.

אִי מֵהָתָם, הֲוָה אָמֵינָא: הָתָם הוּא דְּאִיכָּא לְמֵימַר מִיהְדָּר קָא הָדַר בֵּיהּ, וְאִיכָּא לְמֵימַר פָּרוֹשֵׁי קָא מְפָרֵשׁ. אֲבָל הָכָא, דְּוַדַּאי קָא הָדַר בֵּיהּ, אֵימָא לָא; קָא מַשְׁמַע לַן.

The Gemara replies: If the Sages’ opinion was derived only from there, I would not know that they disagree with the opinion of ben Nanas in all cases, as I would say that it is only there that the Sages say that the parties divide the disputed sum between them. As it is possible to say that the landlord retracted his first statement and set the rental fee at one gold dinar per month, but it is also possible to say that he is explaining his earlier statement. That is to say, he did not mean to relate to the intercalated month; rather, he was clarifying that payment was to be made not with a lump sum at the end of the year, but in monthly installments. Since there is uncertainty with regard to his intention, the parties divide the contested sum between them. But here in the mishna, where the seller certainly retracted his first statement, one might say that the Sages do not disagree with ben Nanas. Therefore, the mishna teaches us that in all cases the Sages disagree with ben Nanas.

אָמַר רַב יְהוּדָה אָמַר שְׁמוּאֵל: זוֹ דִּבְרֵי בֶּן נַנָּס, אֲבָל חֲכָמִים אוֹמְרִים: הַלֵּךְ אַחַר פָּחוֹת שֶׁבַּלְּשׁוֹנוֹת.

Similar to what was cited above in the name of Rav, Rav Yehuda says that Shmuel says: This is the statement of ben Nanas, who says with regard to a case of contradictory expressions that one should attend to the final expression; but the Sages say: Follow the least inclusive expression, the one that is the least advantageous to the buyer, in keeping with the principle that in a case of uncertainty, the burden of proof rests upon the claimant.

״זוֹ״ – וְלָא סְבִירָא לֵיהּ?! וְהָא רַב וּשְׁמוּאֵל דְּאָמְרִי תַּרְוַיְיהוּ: ״כּוֹר בִּשְׁלֹשִׁים אֲנִי מוֹכֵר לָךְ״ – יָכוֹל לַחֲזוֹר בּוֹ אֲפִילּוּ בַּסְּאָה הָאַחֲרוֹנָה.

The Gemara asks: Did Shmuel mean to say that this is the statement of ben Nanas, but he, Shmuel, does not agree with him? But don’t Rav and Shmuel both say: If the seller said to the buyer: I am selling you a kor of grain, an amount equivalent to thirty se’a, for the sum of thirty sela, he can renege on the entire sale even while measuring out the last se’a. Since the seller stipulated that he was selling a full kor of grain, as long as he has not yet measured out the full amount, he may still renege, as the sale is not yet complete.

״כּוֹר בִּשְׁלֹשִׁים – סְאָה בְּסֶלַע אֲנִי מוֹכֵר לָךְ״ – רִאשׁוֹן רִאשׁוֹן קָנָה. אֶלָּא ״זוֹ״ – וּסְבִירָא לֵיהּ.

But if the seller said to the buyer: I am selling you a kor of grain for thirty sela, each se’a for a sela, the buyer acquires each se’a one by one as it is being measured out to him. Since the seller specified the price per sela, he has indicated that he is ready to sell each sela on its own. This seems to indicate that Shmuel maintains that in a case of contradictory expressions, one should attend to the final expression. Rather, Shmuel’s formulation: This is the statement of ben Nanas, must be explained as follows: This is the statement of ben Nanas, and he, Shmuel, agrees with him that one should attend to the final expression.

וּמִי סְבִירָא לֵיהּ?! וְהָאָמַר שְׁמוּאֵל: בְּבָא בָּאֶמְצַע הַחֹדֶשׁ עָסְקִינַן; אֲבָל בָּא בִּתְחִלַּת הַחֹדֶשׁ – כּוּלּוֹ לַמַּשְׂכִּיר. בְּסוֹף הַחֹדֶשׁ – כּוּלּוֹ לַשּׂוֹכֵר!

The Gemara asks: And does Shmuel actually agree with him? But doesn’t Shmuel say: Concerning the ruling of the Sages that the landlord and the tenant should divide the intercalated month between them, we are dealing with a case where the landlord came to collect the rent in the middle of the month. Only in that case is the disputed rent divided between them. But in a case where he came to collect the rent at the beginning of the month, the entire sum goes to the landlord who is demanding payment, since he is in possession of the property. And if he came at the end of the month, the entire sum goes to the tenant who is refusing payment, since he is in possession of the money. This indicates that Shmuel maintains that in a case of contradictory expressions, one should not attend to the latter expression. Rather, the case is viewed as one of uncertainty, and the burden of proof rests upon the claimant.

אֶלָּא לְעוֹלָם ״זוֹ״ – וְלָא סְבִירָא לֵיהּ. וְהָתָם טַעְמָא מַאי – מִשּׁוּם דְּתָפֵיס,

Rather, it must be that Shmuel actually meant to say that this is the statement of ben Nanas, but he, Shmuel, does not agree with him that one should attend to the latter expression. In fact, he is in agreement with the Sages who maintain that two contradictory expressions create a case of uncertainty. And there, in the case of the rent for the intercalated month, what is the reason for his ruling that if the landlord came to collect the rent at the beginning of the month, the entire sum goes to the landlord, whereas if he came at the end of the month, the money goes to the tenant? Because the party who is awarded the money was seen as already being in possession of it, and in a case of uncertainty, money is left in the hands of the party enjoying possession.

הָכָא נָמֵי – הָא תָּפֵיס.

Here too, in the case where the seller says that he is selling a kor of grain for thirty sela, each se’a for a sela, the buyer was seen as already being in possession of each se’a that was measured out to him, and therefore the seller cannot renege on the sale. It is for this reason that the buyer acquires the grain, and not because of the principle that in a case of contradictory expressions, one should attend to the latter expression.

אָמַר רַב הוּנָא, אָמְרִי בֵּי רַב: ״אִיסְתֵּרָא, מְאָה מָעֵי״ – מְאָה מָעֵי. ״מְאָה מָעֵי, אִיסְתֵּרָא״ – אִיסְתֵּרָא.

On a similar topic, Rav Huna says that they say in the school of Rav: If the seller said to the buyer: I am selling you this item for an istera, one hundred ma’a, an istera being a silver coin equal to ninety-six copper ma’a, it is assumed he meant one hundred ma’a. And if the seller reversed the order and said that he was selling the item for one hundred ma’a, an istera, it is assumed he meant an istera.

מַאי קָא מַשְׁמַע לַן – תְּפוֹס לָשׁוֹן אַחֲרוֹן? הָא אַמְרַהּ רַב חֲדָא זִימְנָא – דְּאָמַר רַב: אִי הֲוַאי הָתָם, הֲוָה יָהֵיבְנָא כּוּלֵּיהּ לְמַשְׂכִּיר!

The Gemara asks: What new halakha is Rav teaching us? Is it that with regard to a statement comprised of contradictory expressions one should attend only to the last statement? Didn’t Rav already say this on another occasion? As Rav says: Had I been there as a judge when the ruling was issued with regard to the rental fee for the intercalated month, I would have given the entire month’s rent to the landlord, based on the final expression in the rental agreement: One gold dinar per month.

אִי אִיתְּמַר הָא וְלָא אִיתְּמַר הָא, הֲוָה אָמֵינָא: מִיהְדָּר קָא הָדַר בֵּיהּ. אֲבָל הָכָא, מַהוּ דְּתֵימָא פָּרוֹשֵׁי קָא מְפָרֵשׁ; קָא מַשְׁמַע לַן.

The Gemara answers: Nevertheless, it was necessary to state both rulings, as the one cannot necessarily be inferred from the other. If this halakha with regard to the istera was stated and that halakha with regard to the intercalated month was not stated, I would say that when the seller uttered the second expression: One hundred ma’a, he retracted his first expression: An istera, as the two expressions contradict one another, and for that reason Rav said that one should attend to the final expression. But here, in the case of the intercalated month, perhaps you would say that when the landlord utters the second expression: One gold dinar per month, he is explaining the original intent of his first expression: Twelve gold dinars a year, and one should view it as a clarification. Therefore Rav comes and teaches us that in all cases one should attend to the final expression.

Want to follow content and continue where you left off?

Create an account today to track your progress, mark what you’ve learned, and follow the shiurim that speak to you.

Clear all items from this list?

This will remove ALL the items in this section. You will lose any progress or history connected to them. This is irreversible.

Cancel
Yes, clear all

Are you sure you want to delete this item?

You will lose any progress or history connected to this item.

Cancel
Yes, delete