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BAVA BASRA 104
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SUMMARY

1. The Gemara inquires about the law of a sale of a Beis Kor when no conditions were stated.
 
2. The Gemara explains that the seller may choose whether to take back the extra land or to sell it to the buyer.
 
3. However, the buyer does have a certain advantage.
 
4. If a person sold a field and mistakenly gave 9 extra Kav, this automatically is returned to the seller.
 
5. Rav Huna: This is true even if he sold a massive field.

A BIT MORE

1. The Gemara concludes that it has the law of room for error of up to one quarter Kav per Beis Se'ah, similar to a case where the seller explicitly says, "whether it is a little less or a little more."
 
2. In a sale of a certain amount of land where too much land was mistakenly provided by the seller, the seller may choose to keep the extra land or sell it to the buyer.
 
3. If the price of the land fluctuated between the time of the sale and the settlement, with regard to the extra land the buyer may say that if he must buy the extra land, he will do so only at the cheaper price.
 
4. This is considered the size of a small field and, therefore, it does not follow the law that the seller may decide whether the buyer should pay for it or should take it back. Rather, it automatically stays in the possession of the seller.
 
5. Even though the area of 9 Kav is a minute amount and one might think that it is an insignificant amount relative to the huge field, the law still applies in this case. Rav Nachman disagrees.

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