Mishnah
Mishnah

Commentary for Bava Batra 7:1

הָאוֹמֵר לַחֲבֵרוֹ, בֵּית כּוֹר עָפָר אֲנִי מוֹכֵר לְךָ, הָיוּ שָׁם נְקָעִים עֲמֻקִּים עֲשָׂרָה טְפָחִים אוֹ סְלָעִים גְּבוֹהִים עֲשָׂרָה טְפָחִים, אֵינָן נִמְדָּדִין עִמָּהּ. פָּחוֹת מִכָּאן, נִמְדָּדִין עִמָּהּ. וְאִם אָמַר לוֹ כְּבֵית כּוֹר עָפָר, אֲפִלּוּ הָיוּ שָׁם נְקָעִים עֲמֻקִּים יוֹתֵר מֵעֲשָׂרָה טְפָחִים אוֹ סְלָעִים גְּבוֹהִין יוֹתֵר מֵעֲשָׂרָה טְפָחִים, הֲרֵי אֵלּוּ נִמְדָּדִין עִמָּהּ:

If one says to his neighbor: "I am selling you a beth-kor of soil, if there were clefts ten handbreadths deep, or rocks ten handbreadths high, [(this, when they are four by four handbreadths wide, in which instance, they are "distinctive" places)], they are not measured together with it [and he must give him a complete beth-kor of level earth. For one does not wish to spend money on one place and have it look like two or three places. A beth-kor is 75,000 cubits. For the sanctuary courtyard was two sa'ah, and it was a hundred by fifty cubits; and a kor is thirty sa'ah. ("soil":) fit for sowing. But if he said: "beth-kor," unqualified, or "a beth-kor of ground," even if it were all rocky, the sale stands. For he could have wanted it for building a house or spreading out fruit.] And if he said to him: "as a beth-kor of soil," [connoting, as it is, whether rocky ground or (arable) soil], even if there were clefts deeper than ten handbreadths or rocks higher than ten handbreadths, they are measured with it.

Bartenura on Mishnah Bava Batra

האומר לחבירו בית כור עפר – the measurement of a Khor’s worth of seed is seventy-five thousand cubits where the courtyard of the Tabernacle was a field requiring two Se’ah of seed, which was one hundred [cubits] by fifty [cubits] and a Khor is thirty Se’ah.
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English Explanation of Mishnah Bava Batra

If a man said to his fellow, “I will sell you a kor’s space of soil”, and it contained crevices ten handbreadths deep or rocks ten handbreadths high, these are not included in the measurement.
But if they were less than this they are included.
If he said to him, “About a kor’s space of soil”, even if it contained crevices deeper than ten handbreadths or rocks higher than ten handbreadths, they are included in the measurement.

The seventh chapter of Bava Batra deals with errors in the measurement of fields discovered after they were sold. The question asked is must the buyer return the error to the seller if the seller gave more than the stated amount and vice versa, may the buyer demand that the seller give more land if the land was less than the stated amount.
According to our mishnah if a person promises to sell exactly a kor’s space of soil (about 20,000 square meters) then any crevices which are lower than ten handbreadths or rocks higher than ten handbreadth’s are not counted as part of the field. Since they cannot be used for planting, they do not contribute to the measure of a kor’s space of soil. However, if he sold him “about a kor’s space of soil” these rocks and crevices are included. Since he didn’t say that he was selling precisely a kor’s space of soil the measurements do not have to be precise.
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Bartenura on Mishnah Bava Batra

עפר – that is appropriate for sowing is implied. But if he stated, in an area requiring a Khor’s of seed undefined, or a field requiring a Khor of seed, even if all of it is rocks, he takes possession of it, for perhaps it was to build a house or to spread out fruit [to dry], he required it.
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Bartenura on Mishnah Bava Batra

נקעים – fields ten handbreadths deep or [rocks] ten handbreadths high, and for example, they are wide four handbreadths by four handbreadths and are an important place.
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Bartenura on Mishnah Bava Batra

אין נמדדין עמה – and he must give him an area requiring a complete Khor of seed from level/smooth ground, for a person does not want to put all of his money into one place, and he will show him two or three places.
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Bartenura on Mishnah Bava Batra

כבית כור – which implies as it is, whether it is rocks or soil.
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