Bava Batra 106B

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Text Excerpt

אמר ליה: הויא עשרין גריוי. משחיה, ולא הואי אלא חמיסרא. אתא לקמיה דאביי, אמר ליה: סברת וקבילת.

who, after specifying its demarcations and boundaries, said to him: It is an area of 20 griv, meaning that it is fit for planting 20 se’a of grain. Rav Pappa later measured the field and found that it was fit for planting only 15 se’a. Rav Pappa came before Abaye to sue the seller. Abaye said to him: You knew what you were buying and accepted the field as is.

והתנן: פחות משתות ⁠– הגיעו, עד שתות ⁠– ינכה! הני מילי היכא דלא קים ליה בגוה, אבל היכא דקים ליה בגוה ⁠– סבר וקביל.

Rav Pappa raised an objection to Abaye’s ruling from the Mishnah. But didn’t we learn in the Mishnah that when the seller specifies the field’s demarcations and borders, if the difference between the stated size of the field and its actual size is less than 1/6th, the field is the buyer’s, and the sale is valid as is, but if the difference is greater, until it is calculated at 1/6th, the seller must deduct the difference from the purchase price? And here, in this case, the difference between what the seller promised and the actual size of the field is greater than 1/6th. Abaye replied: That statement applies in a case where the buyer is unfamiliar with the plot being sold to him, but in a case where he is familiar with it, he knew what he was buying and accepted it as is.

והא עשרין אמר לי! אמר ליה: דעדיפא כעשרין.

Rav Pappa raised another objection to Abaye’s ruling: But the seller said to me that the field is fit for planting 20 se’a, and it is not. Abaye said to him: What he meant was that the field is as good and as fruitful as one that is fit for planting 20 se’a.

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.