Babylonian Talmud: Tractate Baba Bathra

Folio 103a

these are not measured with it.¹  [If they are] less than this, they are to be measured with it.²  Now, why [should they³  not be measured with it]?  Let them⁴  [at least], be [treated as if they had been] consecrated separately!⁵  And if you will suggest [that] since they do not contain a [full] beth kor they cannot become consecrated,⁶  surely it has been taught: Why is it expressly said, [the] field!⁷  — Because, since it was said, the sowing of a homer of barley shall be valued at fifty shekels of silver,⁸  one might infer only a similar consecration;⁹  whence [however, may it be inferred that] a lethek,¹⁰  half a lethek, a se'ah,¹¹  a tarkab¹²  and half a tarkab are also included [in this law]? [For this reason] it has been expressly stated, [the] field, [which implies consecration in any manner.¹³  [Why, then, could not the clefts or the rocks be consecrated separately?] R. Ukba b. Hama replied: Here is a case of clefts full of water in which no sowing is possible. This may also be proved by deduction, for [the clefts] were mentioned in an analogous position to that of rocks.¹⁴  This proves it. If so,¹⁵  even [if they are] less than [ten handbreadths they should] also [not be measured with the field]! These¹⁶  are called small clefts of the earth [and] the spines of the earth.¹⁷

What [is the law] here?¹⁸  — R. Papa said: Even though they are not full of water. What is the reason? — A person does not wish to invest his money in one plot which has the appearance of two or three plots.¹⁹

Rabina raised an objection: Surely, [the clefts] were mentioned in an analogous position to that of the rocks; as the rocks [are excluded] because they are unsuitable for sowing so these also [should be excluded only] when unsuitable for sowing? — The similarity to rocks refers to [the case where they are] less²⁰  than [ten handbreadths].

R. Isaac said: The rocks²¹  which have been spoken of²²  [must not together cover more than an] area [requiring] four kab [of seed].²³  R. 'Ukba b. Hama said: And this, only when they²⁴  are distributed over [an area which requires not less than] five kab [of seed].²⁵  R. Hiyya b. Abba said in the name of R. Johanan: This, only when they²⁴  are distributed over the greater part of the field.²⁶

R. Hiyya b. Abba inquired: [What is the law if] the greater part of them²⁷  is [scattered] over its²⁸  smaller part, and the smaller part of them²⁷  over its²⁸  greater part? — The matter is undecided?²⁹

R. Jeremiah inquired:

1. I.e., their redemption price is not the higher one given, according to Leviticus, for an 'inherited' field. Only their actual price has to be paid, as for a 'purchased' field. V. ibid. XXVII, 22.
2. 'Ar. 25a.
3. The clefts and rocks deeper and higher respectively than ten handbreadths.
4. If they are not regarded as part of the field.
5. And be redeemed at the higher rate of an 'inherited' field.
6. I.e., they cannot be treated like an 'inherited' field, with reference to which a homer is expressly mentioned.
7. Lev. XXVII, 19. Cf. however Rashi, 'Ar. 25a.
8. Ibid. 26.
9. I.e., a complete homer (beth kor).
10. Half a kor.
11. V. Glos.
12. V. Glos.
13. Even small areas.
14. And sowing in rocks is impossible.
15. That the reason why clefts and rocks are excluded is on account of their unsuitability for sowing.
16. Those which are of less than ten handbreadths.
17. Clefts and rocks which are respectively less than ten handbreadths in depth and height are treated as part of the field. A field cannot be expected to be absolutely level.
18. In the case of a sale, dealt with in our Mishnah, are the clefts excluded only when they are full of water?
19. The clefts and the rocks break up the unity of the field and this involves more labour in ploughing, sowing and harvesting.
20. The Mishnah, in its second clause, teaches that in such a case they are included in the field even though they are full of water and are unsuitable for sowing as the rocks. The first clause, however, as R. Papa said, excludes clefts of ten handbreadths deep even though they are not full of water.
21. Or clefts, of less than ten handbreadths.
22. In our Mishnah which authorizes their inclusion in the measuring of the field.
23. And in proportion, if the area sold is smaller or bigger.
24. The four kab of rocks or clefts.
25. But if their distribution is over a smaller area, they are regarded as one big ravine or rock, and are excluded from the measurements of the field.
26. Contrary to the opinion of R. 'Ukba, it is not enough for the clefts and rocks to be distributed over an area of five kab. If they are distributed over an area which does not represent the greater part of the field they are regarded as one big ravine or rock which is not to be included in the land sold.
27. Of the four kab of clefts and rocks.
28. The field's.
29. v. Glos. s.v. Teko.

What is [the law if they¹  are arranged] like a ring,²  like a straight line,³  in the shape of a stadium⁴  or in that of a crooked road?⁵  The matter is undecided.

A Tanna taught: If a rock is isolated,⁶  it is not measured⁷  with the field, however small⁸  [that rock might be]. And [even] if it was [in the field, but] near the boundary, it is not measured with the field, however small⁸  [that rock might be].

R. Papa inquired: What [is the law if some] earth intervenes between [the rock and the boundary]? — The matter is undecided.

R. Ashi inquired: What [is the law if] there was earth beneath⁹  and rock above, [or] earth¹⁰  above and rock beneath?¹¹  — The matter is undecided.

MISHNAH. [IF A MAN SAYS TO ANOTHER.] 'I SELL YOU A BETH KOR OF ARABLE LAND, MEASURED WITH THE ROPE',¹²  [AND] HE GAVE [HIM] LESS, [EVEN IF ONLY BY] A FRACTION, [AN EQUAL SUM] IS TO BE DEDUCTED [FROM THE PRICE]. [IF] HE GAVE MORE, [EVEN IF ONLY BY] A FRACTION, IT IS TO BE RETURNED [TO HIM]. IF, HOWEVER. HE SAID,¹³  'MORE OR LESS,'¹⁴  THE SALE IS VALID EVEN IF HE GAVE [AT THE RATE OF] A QUARTER OF A KAB PER SE'AH¹⁵  LESS OR MORE. [IF THE DIFFERENCE IS] GREATER THAN THIS, CALCULATION IS TO BE MADE.¹⁶  WHAT IS [THE BUYER] TO RETURN TO HIM? — THE MONEY.¹⁷  IF, HOWEVER. [THE SELLER] PREFERS, [THE OTHER] RETURNS TO HIM THE LAND. WHEREFORE [THEN] DID THEY¹⁸  ENACT THAT [THE BUYER] IS TO RETURN TO HIM MONEY? — TO SAFEGUARD THE INTERESTS OF THE SELLER.¹⁹  IF, THEREFORE. THERE WAS A SURPLUS IN THE FIELD OF AN AREA OF NINE KAB;²⁰  AND IN A GARDEN, AN AREA OF HALF A KAB²¹  AND, ACCORDING TO R. AKIBA, A QUARTER OF A KAB;²¹  THE LAND [ITSELF] IS TO BE RETURNED. NOT ONLY THE QUARTER²²  IS TO BE RETURNED BUT ALL THE SURPLUS.

GEMARA. The question was raised: What [if the seller] only [said, 'I sell you] a beth kor'?²³  — Come and hear! [IF A MAN SAYS TO ANOTHER.] 'I SELL YOU A BETH KOR OF ARABLE LAND, MEASURED BY THE ROPE',

1. V. n. 4.
2. Into which the plough cannot very well enter.
3. On both sides of which it is difficult to plough or to sow.
4. Curved line, and it is difficult to plough and to sow there.
5. In the bends of which the plough cannot easily enter.
6. Outside the field and adjoining it.
7. Only rocks within the field are included in the field if they are below the specified heights.
8. Even if less than ten handbreadths in height.
9. I.e., beneath the rock that lies near the border.
10. Less than three handbreadths in depth, and insufficient for the depth required by the plough.
11. Is the rock, in such cases as these, included in the measurements of the field or not?
12. I.e., exact measurements.
13. When the sale was being arranged.
14. Instead of 'measured by the rope', thus implying the measurements of the beth kor are not exact.
15. Or seven and a half kab in the kor, i.e. 1/24 th A kor = thirty se'ah; a se'ah = six kab.
16. And the party that gained, pays for, or returns the difference.
17. The value of the surplus.
18. The Rabbis.
19. So that he should not be left with a fraction of land of which no use could be made.
20. Such an area is regarded as a field on its own.
21. Which is regarded as a self-contained garden. v. supran 21a.
22. Of a kab per se'ah.
23. Without specifying, either 'measured by the rope' or 'more or less'.