Bava Batra 105b (קה:) — the Talmud in English

And the Gemara answers:

Rather, actually, “this one,” but he does not hold accordingly.

And Shmuel held in accordance with the Rabbis, and when there is uncertainty, we follow the one in possession.

And

if you say so, then why, concerning one who says to his fellow, “A kor for thirty, a se'ah for a sela,” did Shmuel rule, “The first one acquires the first one”? Rather, one must say:

There [namely, concerning the bathhouse

that is, regarding the bathhouse ]

What is the reason?

Why do we rule, “They divide”?

Because he is holding it. And

as explained above, this refers to a case where he came in the middle of the month.

Here too,

regarding “a kor for thirty, a se'ah for a sela,” we say, “The first one acquires the first one,” because

this one is held by him.

Since each se'ah that comes into the buyer’s possession is presumed to be his . And we have no power to take it from him, for “leave the matter according to its presumptive status.” The reason is not “follow the last expression.”

Accordingly, even if he says the reverse, “A se'ah for a sela, a kor for thirty,” the ruling will be, “The first one acquires the first one.”

Rav Huna said in the name of the academy of Rav:

One who says to his fellow, “This object is sold to you for

an istara,

a sela of the state, worth ninety-six ma'im,

one hundred ma'im,

and they agreed, must give him

one hundred ma'im.

And conversely, if he said

“One hundred ma'im, an istara,”

he is obligated to give him

an istara.

In accordance with the opinion of Ben Nanas, for “we follow the last expression.”

And the Gemara raises an objection:

What does this teach us—that we follow the last expression?!

This

has already

been stated by Rav once before.

For Rav said: If I had been there,

that is, regarding one who rented a bathhouse to his fellow for twelve gold dinars per year, one gold dinar per month, and the year became intercalated,

I would have given the entire

additional month

to the landlord.

That is, “We follow the last expression.” What, then, did Rav teach us with his statement?

And the Gemara answers:

Lest you say

[that you should not say] that there, the entire additional month goes to the landlord, because

he is merely explicating,

that is, his intention was certainly to receive one gold dinar each month, and he was concerned lest the year become intercalated, so he clarified: “This year that I said to you, ‘Twelve dinars per year,’ I did not mean an intercalated year, but an ordinary year, in which one dinar comes to each month.”

And since it is possible to interpret his words in this manner, it is preferable to interpret them this way rather than say that he retracted his initial words .

But not because of “we follow the last expression.”

This teaches us

that Rav holds, “We follow the last expression,” in accordance with the opinion of Ben Nanas.