Bava Basra Daf 103
- Ravines which can be planted, re: hekdesh and sales
A Mishnah teaches that a field of hekdesh is redeemed for fifty silver shekels for each זרע חומר שעורים – area on which a chomer of barley may be planted. If there were ravines ten tefachim deep, or stones ten tefachim high, they are not measured towards a זרע חומר שעורים (rather, they are independently hekdesh and redeemed at value). If they are smaller, they are included. The Gemara asks why they are not independently hekdesh like ordinary land, to be redeemed at the rate of fifty shekels per זרע חומר שעורים. Rav Ukva bar Chama explains that the Mishnah refers to נקעים מלאים מים - ravines filled with water, similar to the rocks of the Mishnah, which are unplantable. Still, if they are smaller than ten tefachim, they are included (despite being unplantable), because they are referred to as “basins” and “spines” of the land and not regarded as independent entities. Regarding a sale, Rav Pappa said such ravines are not included in the measurement even if they are not filled with water, because אין אדם רוצה שיתן מעותיו במקום אחד – a person does not want to give money for one plot of land, ויראו לו כשנים ושלשה מקומות – and it should appear to him like two or three plots.
- Further limitations for measuring rocks with the land (e.g., four קבין)
The Mishnah taught that rocks less than ten tefachim high are measured together with the sold field. Rebbe Yitzchak said: טרשים שאמרו בית ארבעת קבין – the rocks they spoke of must be a total area of four kavs or less. If the total area is greater than four קבין, they are not included in the field’s measurement.
Rav Ukva bar Chama said: והוא שמובלעין בחמשת קבין – these four קבין of rocks are only included when they are distributed within an area of at least five kavs. If they are closer together, they are excluded from the field’s measurement. Rebbe Chiya bar Abba said in Rebbe Yochanan’s name: והוא שמובלעין ברובה של שדה – they are only included when they are distributed within a majority of the field. In the Mishnah’s example of a בית כור (thirty סאה), the four קבין would have to be spread over an area of sixteen סאה to be included. Rebbe Chiya bar Abba asked: רובן במעוטה ומעוטן ברובה – if most of [the four קבין] are within a minority of [the sixteen סאה comprising the field’s majority], and a minority of [the four קבין] are within the majority of [the sixteen סאה], what is the halachah? The question is left unresolved.
- If the buyer received less or more than the בית כור עפר purchased
The next Mishnah states that if the seller says, “I am selling you a בית כור of earth, מדה בחבל – measured by a rope,” (meaning, precisely), פיחת כל שהוא ינכה – if [the seller] gave him even minimally less than a בית כור, he must deduct that amount from the price. הותיר כל שהוא יחזיר – If he gave even minimally more than a בית כור, [the buyer] must return the excess. If the seller said: הן חסר הן יתר – “whether it is less or more” than a בית כור (i.e., approximately), then even if he gave the buyer a quarter-kav per se’ah less, or more, than a בית כור, (i.e., seven and half קבין total), the sale stands as is. If he gave even more, יעשה חשבון – he makes a calculation of the difference and compensates the seller. This “compensation” is made with מעות – money, meaning the buyer must pay for the additional land. ואם רצה מחזיר לו קרקע – But if [the seller] wants, [the buyer] must return the excess land to him, because the ruling requiring the buyer to purchase it was for the seller’s benefit (not to be stuck with a uselessly small field). If the excess was a full nine קבין, which is useful, the seller must take it back.
