REVACH L'DAF
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| BAVA BASRA 62 (22 Av 5784) - Dedicated in memory of Frumet bas Meier (born Ehrmann) of Kiel, Germany and New York, by her nephew, Ze'ev Rosenbaum. |
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SUMMARY
1. The Gemara discusses a sale based on a drawing of a field that consists of three sides of the field, without a fourth side.
2. The Gemara quotes three different rulings on this case (#1).
3. Rava rules like Rav, that the sale includes the three borders and the land within them, but not the fourth side.
4. Rava adds that only when the fourth row is significant is it not included (when it is not within the borders of the field).
5. The Gemara explains the different ways in which a partner may sell his half of a field that he owns, with different results.
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A BIT MORE
1. The question is whether it is significant that the fourth border was left out of the document by the seller, and if so, what it indicates.
2. Rav: The buyer acquires the entire field within the borders, but not the last row that would have made up the fourth border. Shmuel: He acquires everything, including the row of the fourth border. Rav Asi: He acquires the three rows along the three borders, and not the actual field in between these borders.
3. However, Rava says that this is only if the fourth side (the fourth row) is clearly not within the three borders but rather outside of it. If it is within the three borders, he acquires the fourth row as well.
4. If the row consists of some trees, or nine Kav measures of field, it is not included in the sale unless it is drawn within the borders. If it has neither of these things, it is included in the sale even if it is not within the borders. (The seller did not delineate it within the borders because it is not significant, and not because he did not want to sell it.)
5. If the seller says, "I am selling you the half of the field that I own," the buyer indeed acquires the seller's half of the field. If he says, "Half in the land that I own," the buyer acquires only a quarter of the land, meaning half of the land that the seller owns in this field.
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