Bava Batra 106a (קו.) — the Talmud in English

Mishna:

One who says to his fellow, “I sell you a kor of earth

within

its

landmarks and boundaries

that you see before you” .

And it turns out that the field contained less or more than a kor.

If it is deficient or in excess

by less than a sixth

(a kav per se'a),

the transaction stands .

But if it is deficient by more than a sixth,

up to a sixth ,

he deducts

from the price .

The Gemara will explain the law in the case of exactly a sixth.

Gemara:

We learned in the Mishna: “Less than a sixth, the transaction stands. More than a sixth, he deducts.” But it was not made clear to us what the law is in the case of exactly a sixth.

It was stated

[in the beit-midrash]:

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

and he does not deduct from the price.

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

and he deducts from the price.

The Gemara explains the words of the Mishna according to the above opinions:

Rav Huna said: A sixth is like less than a sixth; this is what

the Mishna

is saying: Less than a sixth, and a sixth

included,

the transaction stands. More than a sixth, he deducts.

Rav Huna holds that “up to” does not include the endpoint. Therefore, when they said, “up to a sixth, he deducts,” exactly a sixth is not included in that statement.

Rav Yehuda said: A sixth is like more than a sixth; this is what

the Mishna

is saying: Less than a sixth, the transaction stands. Up to a sixth, with a sixth included, he deducts.

And he holds that “up to” includes the endpoint. Therefore, when they said, “up to a sixth, he deducts,” exactly a sixth is included in that statement as well.

The Gemara challenges Rav Huna’s opinion:

Meytivi:

We learned in the Tosefta: “One who says to his fellow, ‘I sell you a kor

with its landmarks and boundaries; if it is deficient by a sixth or in excess by a sixth, it is like the valuation of judges,

the transaction stands.’”

But is it not the valuation of judges, whose

error

of a sixth

is

like more than a sixth,

and nevertheless we learned that the sale of a kor is like the valuation of judges, contrary to Rav Huna’s statement that “a sixth is like less than a sixth”?

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

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

it teaches, “the transaction stands,”

whereas in the valuation of judges, when they were deficient by a sixth, their sale is void.

You must necessarily say that the Tosefta follows the opinion of Rabban Shimon ben Gamliel mentioned there, who maintains that even in the case of a sixth their sale stands. That is, “a sixth is like less than a sixth.”

Accordingly, on the contrary, the Tosefta presents a difficulty for Rav Yehuda, who said, “a sixth is like more than a sixth.”

The Gemara answers according to Rabbi Yehuda:

Rather,

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

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

Like the valuation of judges: We learn that

a

sixth

is like more than a sixth, and he returns the money.

But not like the valuation of judges, because there,

in the case of a sixth and more than a sixth,

is void

the

transaction

entirely, and returning the money alone is insufficient.

Whereas here,

in the case of a sixth and more than a sixth,

the transaction stands,

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

Rav Pappa purchased land

[he acquired land]

from a certain man,