Bava Batra 107a — the Talmud in English

And the Gemara resolves:

There,

regarding a sale and purchase,

the Sages instituted a matter that is agreeable to the seller and agreeable to the buyer.

And it is agreeable to both of them that the sale should not be completed until he finishes measuring for him. Perhaps the wheat will become more expensive in the meantime, or become cheaper.

But in the case of partners, it is agreeable to both of them to separate from one another as quickly as possible. For “the pot of partners is neither hot nor cold,” and therefore each one acquired his portion.

Further, regarding the laws of the division of brothers:

It was stated:

two

brothers who divided

their father’s assets,

, and a creditor

of their father

came and took the portion of one of them

for his debt.

Rav said: The

first

division

is nullified, and they return and divide equally from what remains.

And Shmuel said: He waived [and lost],

and he takes nothing from his [unclear: the source text is corrupted] brothers.

And Rav Asi said: He takes a quarter

[that is, half of his portion]

of the land

of his brothers,

or

his brother gives him

a quarter in money.

And its reasoning will be explained below.

The Gemara explains:

Rav said, “The division is nullified,” he holds

that “there is retroactive determination,” and therefore

the brothers who divided are heirs.

And at the time of the division, it became clear that each one acquired his portion by way of inheritance.

And since this is so, all of them are equally charged with repaying their father’s debt, and when he collected his debt from one of them, the division was retroactively nullified, and they return and divide equally.

And Shmuel said, “He waived, he holds,”

that “there is no retroactive determination,” and therefore

the brothers who divided are purchasers,

since each one received his fellow’s portion, and it is as though they exchanged their portions with one another.

And he is like a purchaser without a warranty.

Therefore he cannot claim anything from his brothers.

Rav Asi is uncertain whether they are heirs

and he is obligated to give him half of the remaining property,

or whether they are purchasers,

and he is not obligated to give him anything.

Therefore, he takes a quarter in land,

or

a quarter in money.

Rav Pappa said: The halakha in all these teachings

is according to Shmuel, who said

they make a compromise.

Ameimar said:

The halakha is according to Rav, who said

the

division is nullified.

And the halakha is: The division is nullified.

The Sages taught: Three who descended to appraise

land among the assets of orphans for the sustenance of the woman and the daughters: if

one

of them

says

[he appraises the value of the land]

at one hundred dinars, and two say at two hundred,

or,

one says at two hundred, and two say at one hundred, the individual is nullified by his minority.

For “after the many you shall incline.”

But if

one says at one maneh,

[one hundred dinars, which are twenty-five sela],

and one says at twenty

[sela, which are eighty dinars],

and one says at thirty

[sela, which are one hundred and twenty dinars],

they adjudicate it at one maneh.

And this will be explained below.

Rabbi Eliezer son of Rabbi Tzadok says: They adjudicate it at ninety

dinars.

Others

say: They make an appraisal between them,

that is, they assess how much the difference between all of them is, namely forty dinars,

and divide it into thirds.

That is, they add to the lower amount [eighty dinars] one third of the difference—namely, thirteen and one-third dinars.

And the Gemara explains:

The one who says, “They adjudicate it at one maneh,”

holds that one should follow

the intermediate matter.