Bava Batra 105B

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Text Excerpt

אלא לעולם ״זו״⁠ – ולא סבירא ליה. והתם טעמא מאי ⁠– משום דתפיס,

Rather, it must be that Shmuel actually meant to say that this is the statement of ben Nanas, but he, Shmuel, does not agree with him that one should attend to the latter expression. In fact, he is in agreement with the rabbis who maintain that two contradictory expressions create a case of uncertainty. And there, in the case of the rent for the intercalated month, what is the reason for his ruling that if the landlord came to collect the rent at the beginning of the month, the entire sum goes to the landlord, whereas if he came at the end of the month, the money goes to the tenant? Because the party who is awarded the money was seen as already being in possession of it, and in a case of uncertainty, money is left in the hands of the party enjoying possession.

הכא נמי ⁠– הא תפיס.

Here too, in the case where the seller says that he is selling a kor of grain for 30 sela, each se’a for a sela, the buyer was seen as already being in possession of each se’a that was measured out to him, and therefore the seller cannot renege on the sale. It is for this reason that the buyer acquires the grain, and not because of the principle that in a case of contradictory expressions, one should attend to the latter expression.

אמר רב הונא, אמרי בי רב: ״איסתרא, מאה מעי״⁠ – מאה מעי. ״מאה מעי, איסתרא״⁠ – איסתרא.

On a similar topic, Rav Huna says that they say in the school of Rav: If the seller said to the buyer: I am selling you this item for an istera, 100 ma’a, an istera being a silver coin equal to 96 copper ma’a, it is assumed he meant 100 ma’a. And if the seller reversed the order and said that he was selling the item for 100 ma’a, an istera, it is assumed he meant an istera.

Text data via Sefaria: William Davidson Edition - English and William Davidson Edition - Vocalized Aramaic, CC-BY-NC; edition provenance: Koren. Display terminology has been modernized for readability.