Bava Batra 106a — the Talmud in English

Mishna:

One who says to his fellow, “A kor of soil I am selling you

with

the

marks and its boundaries

that you see before you” .

And it turns out that there was in the field less or more than a kor.

If it was lacking or exceeded

less than a sixth

[a kav per se’a],

let it stand .

But if it was lacking more than a sixth

, up to a sixth

he shall deduct

from the money .

And in the Gemara it will be explained what the law is regarding exactly a sixth.

Gemara:

We learned in the Mishna: “Less than a sixth, let it stand. More than a sixth, he shall deduct.” But it was not clarified for us what the law is regarding the sixth itself.

It was stated

[it was said in the bet midrash]:

Rav Huna said: A sixth is like less than a sixth,

and he does not deduct money from him.

Rav Yehuda said: A sixth is like more than a sixth,

and he deducts money from him.

The Gemara explains the words of the Mishna according to the aforementioned views:

Rav Huna said that a sixth is like less than a sixth; this is what the Mishna is saying:

the Mishna

Less than a sixth, and a sixth

included ,

let it stand. More than a sixth, he shall deduct.

And Rav Huna holds that “up to” does not include the endpoint. Therefore, when they said, “Up to a sixth he shall deduct,” the sixth itself is not included in this.

Rav Yehuda said that a sixth is like more than a sixth; this is what the Mishna is saying:

The Gemara challenges Rabbi Huna’s opinion:

Less than a sixth, let it stand. Up to a sixth, with the sixth included, he shall deduct.

And he holds that “up to” includes the endpoint. Therefore, when they said, “Up to a sixth he shall deduct,” even the sixth itself is included in this.

And the Gemara raises an objection according to Rav Huna:

It was objected:

We learned in the Tosefta: “One who says to his fellow, ‘A kor I am selling you

with its marks and its boundaries; if it is deficient by a sixth or exceeds by a sixth, it is like the assessment of the judges ,

let it stand.’”

But the assessment of the judges,

whose

error of a sixth

is theirs

is like more than a sixth,

and nevertheless we learned that the sale of a kor is like the assessment of the judges, and not like Rav Huna’s words, who said, “A sixth is like less than a sixth”?

Rav Huna could say to you: And according to your reasoning,

[according to your words], how will you explain the words of the Tosefta? For

“let it stand” it teaches,

whereas in the assessment of the judges, when they reduced by a sixth, their sale is void?

And you are compelled to say that the Tosefta holds according to the view of Rabban Shimon ben Gamliel mentioned there, that even with a sixth their sale stands. That is: “A sixth is like less than a sixth.”

And according to this, on the contrary, the Tosefta is difficult according to Rav Yehuda, who said, “A sixth is like more than a sixth.”

And the Gemara answers according to Rabbi Yehuda:

Rather,

there is no difficulty from here against Rabbi Yehuda, because the intention of the Tosefta is to say:

Like the assessment of the judges and not like the assessment of the judges.

Like the assessment of the judges,

we learn from it that

a sixth

is like more than a sixth, and he shall return it.

And not like the assessment of the judges, for there,

with a sixth and with more than a sixth,

the

sale

is void

completely, and returning the money is not sufficient.

Whereas here,

with a sixth and with more than a sixth,

let it stand,

that is, the sale remains valid, and he is obligated only to return the money .

Rav Pappa bought land

[he acquired land]

from a certain man,