Bava Metzia 100B

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Text Excerpt

כסות, מה שטענו לא הודה לו, ומה שהודה לו לא טענו. כדאמר רב פפא בדלייפי ⁠– הכא נמי בדלייפי.

The Talmud challenges Shmuel’s interpretation: If the dispute is over which size garment was sold, the seller should not be required to take an oath, as that which the buyer claimed from him, the seller did not admit to at all, and that which the seller admitted to, the buyer had not claimed from him. The Talmud answers: Shmuel was referring to a case like that which Rav Pappa said below: The dispute is with regard to a garment that was formed from several pieces of cloth that were attached together. Here too, the dispute is with regard to a garment that was formed from several pieces of cloth that were attached together, and the disagreement was about how much of that garment was actually sold.

קשיא ליה לרבי הושעיא: מידי ״כסות״ קתני? ״עבד״ קתני!

R' Hoshaya found Shmuel’s interpretation difficult: Does the Mishnah teach: A garment? No, it teaches: A slave. How can Shmuel claim the dispute was about a garment?

אלא אמר רבי הושעיא: כגון שטענו עבד בכסותו ושדה בעומריה. ואכתי כסות, מה שטענו ⁠– לא הודה לו, ומה שהודה לו ⁠– לא טענו! אמר רב פפא: בדלייפי.

Rather, R' Hoshaya said: The Mishnah is referring to a case where the buyer claimed a large slave along with his garment, or where he claimed a large field along with its sheaves. Since the seller admits to the part of the claim about the garment or sheaves, he is required to take an oath about them. Once he is required to take that oath, it can be extended to require him to take an oath even concerning the claim about the slave or field itself. The Talmud asks: But still, in the dispute over which type of garment was sold, that which the buyer claimed from him, the seller did not admit to at all, and that which the seller admitted to, the buyer had not claimed from him. The Talmud answers: Rav Pappa said: The dispute is with regard to a garment that was formed from several pieces of cloth that were attached together, and the dispute concerns how much of that garment was actually sold.

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.