Bava Batra 102b — the Talmud in English

Rav Shisha, son of Rav Idi, said: It is always Rabbi Shimon.

And with what are we dealing here:

with miscarried fetuses,

for the three graves that he found were graves of miscarried fetuses, and a burial cave for miscarried fetuses is smaller, and its length is only six cubits.

And we raise an objection:

And since this one is for miscarried fetuses, this one, too, is for miscarried fetuses.

Just as miscarried fetuses were buried in the first cave, so, presumably, the second cave opposite it was also for miscarried fetuses. And if so,

there are eighteen,

so that he need examine only eighteen cubits: six for each cave, and six for the courtyard?

And we answer:

We say one [cave] is for miscarried fetuses; we do not say two [caves are] for miscarried fetuses.

Indeed, the cave that he found was for miscarried fetuses, but the second cave is presumably for ordinary graves, for one cave is sufficient for miscarried fetuses.

And they raise a contradiction from the Rabbis against the Rabbis, and from Rabbi Shimon against Rabbi Shimon.

For we find that with regard to kilayim, the Rabbis and Rabbi Shimon disputed the same matter over which they disputed here with regard to graves: whether we say, “We regard the middle ones as though they are not,” or not. And there, each one’s view is the opposite of his view here:

As we learned

in tractate Kilayim [5:2]:

A vineyard planted at less than four cubits,

where there are not four cubits between one row and another, which is the measure required in order that it be possible to plow between the rows and tend the vines:

Rabbi Shimon says:

Since vineyards are not ordinarily planted with such density,

it is not

considered a

vineyard

at all, and it is permitted to sow seeds there without concern for the prohibition of kilayim in a vineyard.

And the Sages say: It is a vineyard,

and it is forbidden to sow kilayim there, because

we regard the middle ones,

the middle rows,

as though they are not,

and there remains a space between the outer rows of the proper measure.

It is difficult according to the Rabbis against the Rabbis.

For with regard to kilayim they hold that we say “we regard,” whereas with regard to graves they hold that we do not say “we regard.”

And it is difficult according to Rabbi Shimon against Rabbi Shimon.

For with regard to kilayim he holds that we do not say “we regard,” whereas with regard to graves he holds that we say “we regard.”

And we answer:

With regard to Rabbi Shimon against Rabbi Shimon, it is not difficult.

For

there

with regard to kilayim,

people do not plant with the intention of uprooting.

A person does not plant vines between the rows with the intention of uprooting them afterward; therefore, he planted everything as a vineyard. And since he did not plant it in accordance with its law, it is not considered a vineyard.

But

here

with regard to graves,

sometimes it happens to him at twilight,

sometimes it happens that time is pressing, as it is Friday afternoon at twilight,

and he happens to place him there.

And he buries the dead person among the dead who are buried in an orderly arrangement, with the intention of removing him from there afterward. And afterward they forgot, or an unavoidable circumstance occurred such that they could not remove him. Therefore, we say “we regard,” and treat the other outer graves as a burial ground.

With regard to the Rabbis against the Rabbis, too, it is not difficult.

For

here

with regard to graves,

since it is degrading,

it is a disgrace to the dead person to be buried so close to other graves,

it is not called a grave.

For certainly they were not all buried there in ordinary burial, and therefore it is not a burial ground.

But

there

with regard to kilayim, it is possible that a person plants a vineyard with such density, for

he says,

he thinks in his heart and says:

Whichever of them is sound,

the one that takes root in the soil and succeeds,

sound,

that one I will leave;

and whichever is not sound,

the one that does not succeed, I will uproot;

let it be for firewood,

let it serve me as wood for burning. Therefore, we say that we regard the middle ones as though they are not, and the rest have the status of a vineyard.

We have returned to you, chapter “The One Who Sells Produce.”

Introduction:

The Meiri wrote: The purpose of the chapter is to complete the matters of the laws stated in the laws of sales, most of whose matters have already been explained in the three preceding chapters—namely, the house, the ship, and the produce.

And concerning

the completion of these matters, the matters of the chapter will be divided into three parts.

The first:

Concerning one who sells his fellow a measure of land, and does not sell this particular parcel of land, but sells him, without specification, a beit kor of earth, or another measure. And there are places there that are not fit for sowing, or that appear like separate places in themselves, even though they are fit for sowing. In which manner must he accept them, and in which manner need he not accept them?

The second:

When he stipulated for him a known measure without specification, and measured it for him, and it was found to be slightly lacking or slightly exceeding: in which manner must they return to one another, and in which manner do they return nothing to one another? And when they return, do they return land or money?

The third:

Concerning one who sold half of a certain field and did not specify to him on which side: how do they divide it?

This is

the general root of the chapter, except that matters will enter it by way of association, as is the law of the discussions of the Talmud, as preceded. End of quotation.

Mishna:

One who says to his fellow, “

As the measure of a

beit kor of earth I am selling you”.

That is, he sold him a field having the area of a beit kor, as the Sages estimated it—namely, 7,500 square cubits, which are 86.273 by 86.273 cubits. (According to the calculation of a beit seah in the courtyard of the Tabernacle: the area of the courtyard of the Tabernacle was 50 by 100 cubits, and it contained two seahs; therefore, a beit kor, which is thirty seahs, has an area of 50 by 1,500 cubits).

If there were there depressions

ten handbreadths deep, or rocks

[clefts or furrows in the ground]

ten handbreadths high,

they are not measured with it.

they are not measured along with it.

Rather, he gives him an entire beit kor of level land.

Since he said to him “a beit kor of earth,” it implies earth fit for sowing.

But if he said to him merely “a beit kor,” he can also give him a field of rocks. Perhaps he sold it to him for building a house, or for spreading out the produce that he harvested there. And the buyer has the lesser hand. But if the depressions or the rocks were

less than this

[less than ten handbreadths],

they are measured with it.

Since there is no field that does not have a few rocks and depressions, and they are nullified within it.

Since there is no field without a few rocks and depressions, they are considered insignificant in relation to it.

And if he said to him, “like a beit kor of earth,”

which implies as it is, whether rocks or earth,

even

if

there were there depressions deeper than ten handbreadths, or rocks higher than ten handbreadths, these are measured with it.

Gemara:

The Mishna explains that if there were in the field depressions higher or deeper than ten handbreadths, they are not nullified to the field.

The Gemara discusses whether they are not nullified in every case, or specifically when they are entirely unfit for sowing.

We learned there

[we learned concerning this matter in tractate Arakhin (25a)]:

It is stated in the Torah (Leviticus 27:16): “And if a man consecrates some part of the field of his possession to the Lord, then your valuation shall be according to its seed: a homer of barley seed at fifty silver shekels.”

That is, the redemption value for a field fit to produce a homer of barley—that is, a beit kor—is fifty silver shekels.

And this verse was stated when the Jubilee was practiced, and he consecrated his field at the beginning of the Jubilee.

But if he consecrated it at a time when the Jubilee was not practiced, he redeems the field according to its value.

The Mishna explains how a “beit kor” is calculated with regard to the redemption of consecrated property:

“One who consecrates his field at the time of the Jubilee

[that is, at a time when the Jubilee is practiced],

gives for

each

beit zera of a homer of barley

(a beit kor),

fifty silver shekels.

As above.