Kiddushin 42B

Study Kiddushin folio 42B with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.

Text Excerpt

In this case, where Rav Naḥman ruled that their transaction is void, in accordance with the Rabbis, the court erred by 1/6th. But in that case, where Rav Naḥman ruled that the orphans cannot protest when they grow up, they did not err by 1/6th. The Talmud asks: If Rav Naḥman’s ruling that the orphan

§ Rav Naḥman says: With regard to brothers who divided property received as an inheritance, they are considered like they are purchasers from each other, and the halakhot of fraud are like those for regular transactions: If there was an error of less than 1/6th in the distribution, the transaction

Rava says: That which we said, that with regard to less than 1/6th the transaction is valid and the item is acquired, we said only in a case where the brother receiving a smaller share did not appoint an agent to deal with the distribution on his behalf. But if the brother receiving a smaller share

Rava continues: And that which we said, that if the brothers erred by more than 1/6th the transaction is void, we said only when the brother receiving a smaller share did not say: Let us divide the estate by an appraisal of the court. But if he said: Let us divide it by an appraisal of the court, t

Rava continues: And that which we said, that if the brothers erred by 1/6th the one receiving a larger share acquired it and he must return the amount of the fraud, we said only with regard to movable property. But with regard to land, the halakha is that there is no fraud with regard to land. And