May 082017

If one sells land and says it is a specific size but also says “according to its markers and borders” and shows the buyer the land, if the difference between the size stated and the actual size is wrong by less than 1/6th, the sale is valid.  But if it is more than 1/6, the buyer/seller can demand/take back the difference.  At the exact measurement of 1/6, what is the halacha?  Rav Huna and Rav Yehuda disagree and a source is brought to question Rav Huna.  However, he resolves the contradiction.  A case is brought where Abaye ruled against Rav Pappa (the buyer) even though the difference was more than 1/6th.  And Abaye explains that since it was clear Rav Pappa knew the property and knew it wasn’t the size the seller mentioned, the seller could have meant that it was such good property that it’s as if it was larger.  Brothers who split inherited property acquire the property as soon as the first brother picks his lot in a lottery.  Explanations are brought explaining how the lottery can affect a kinyan.  There is a debate between Rav and Shmuel about a case where two brothers divided property and later a third brother shows up.  Do they cancel the division and redo the whole thing or do they each give the third brother part of their portion?

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