Study Bava Batra folio 63A with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.
Text Excerpt
ולא היא, דאמר רב יימר בר שלמיה: לדידי מפרשא לי מיניה דאביי: בין ״מצר ארעא דמינה פלגא״, ובין ״מצר ארעא דמינה פסיקא״ – אי אמר ליה: ״אלין מצרנהא״ – פלגא, לא אמר ליה: ״אלין מצרנהא״ – תשעה קבין.
But that is not so, as Rav Yeimar bar Shelemya said: The matter was explained to me by Abaye, as follows: Whether the seller writes with regard to the 4th boundary: The boundary of the field is the land through which the field is halved, or he writes: The boundary of the field is the land through which a plot can be set apart, if he said to the buyer: These are its boundaries, he has sold him half of the field. But if he did not say to the buyer: These are its boundaries, he has sold him only an area fit for sowing 9 kav of seed.
§ The Talmud raises a question about a similar case: It is obvious that if one said: So-and-so should share in my property, he means to give him half of the property. If he said: Give so-and-so a portion of my property, what is the halakha? What portion of the property must he give him?
אמר רבינא בר קיסי, תא שמע: דתניא, האומר: ״תנו חלק לפלוני בבור״ – סומכוס אומר: אין פחות מרביע. ״לחבית״ – אין פחות משמינית. ״לקדרה״ – אין פחות משנים עשר. ״לטפיח״ – אין פחות מששה עשר.
Ravina bar Kisi said: Come and hear a proof concerning the halakha in this case, as it is taught in a baraita: With regard to one who says: Give so-and-so a portion of my cistern for his water needs, Sumakhos says: He must give him not less than 1/4th of the water in the cistern. If he qualifies his words and says: Give so-and-so a portion of my cistern’s water for his jug, he must give him not less than 1/8th of the water. If he says: Give him a portion for his pot, he must give him not less than 1/12th of the water. And if he says: Give him for his cup, he must give him not less than 1/16th of the water. In any event, this baraita indicates that the unqualified phrase: Give so-and-so a portion, should be understood to mean: Give him 1/4th.