Mesorat%20hashas for Bava Batra 7:2

בֵּית כּוֹר עָפָר אֲנִי מוֹכֵר לְךָ מִדָּה בַחֶבֶל, פִּחֵת כָּל שֶׁהוּא, יְנַכֶּה. הוֹתִיר כָּל שֶׁהוּא, יַחֲזִיר. אִם אָמַר, הֵן חָסֵר הֵן יָתֵר, אֲפִלּוּ פִחֵת רֹבַע לַסְּאָה אוֹ הוֹתִיר רֹבַע לַסְּאָה, הִגִּיעוֹ. יוֹתֵר מִכָּאן, יַעֲשֶׂה חֶשְׁבּוֹן. מַה הוּא מַחֲזִיר לוֹ, מָעוֹת. וְאִם רָצָה, מַחֲזִיר לוֹ קַרְקַע. וְלָמָּה אָמְרוּ מַחֲזִיר לוֹ מָעוֹת, לְיַפּוֹת כֹּחוֹ שֶׁל מוֹכֵר, שֶׁאִם שִׁיֵּר בַּשָּׂדֶה בֵּית תִּשְׁעָה קַבִּין וּבַגִּנָּה בֵּית חֲצִי קַב, וּכְדִבְרֵי רַבִּי עֲקִיבָא בֵּית רֹבַע, מַחֲזִיר לוֹ אֶת הַקַּרְקַע. וְלֹא אֶת הָרֹבַע בִּלְבַד הוּא מַחֲזִיר, אֶלָּא אֶת כָּל הַמּוֹתָר:

(If one says to his neighbor:) "I am selling you a beth-kor of soil, 'rope-measure,'" [i.e., "exactly," as one measures with the rope, not more and not less] — If there were somewhat less [in that field than a full beth-kor, the sale is valid], and he [the seller] deducts [the difference.] If there were somewhat more [land than a beth-kor], he (the buyer) returns [to the seller the additional land or its value, as explained below.] If he [the seller] said [to the buyer: "I am selling you a beth-kor of soil], more or less, [for so much and so much money," not saying "rope-measure"], then even if there were a quarter less for every sa'ah or a quarter more for every sa'ah [that is, thirty quarters for a beth-kor], the sale is valid. [And since the tanna teaches: "even if there were a quarter less for every sa'ah rather than: "even if there were less than seven and a half kavin to a kor," we infer that even with a minimal sale such as: "I am selling you a beth-sa'ah of soil, more or less," if there were a quarter less or a quarter more, the sale is valid. And if he said: "beth-kor," unqualified, this, too, is considered like "more or less."] If there were more than this [a quarter to every sa'ah], he makes a reckoning [how much more it is than a beth-kor, and how much it costs relative to the price of the beth-kor]. What does he return to him? Money. And if he (the seller) wishes, he returns land. Why, then, did they say that he returns money? [For by law he should return only land, the buyer having bought only a beth-kor.] To strengthen the hand of the seller. [That he not lose (the value) of that small (piece of) land, which, in itself (i.e., as land) is worthless to him.] So that if he left over [in a beth-kor] a field of nine kavin, [so that the land is now of significance to him — as stated above (1:6), that nine kavin constitute a field — then he does not return money to him, but the seller takes his land.]; and (if he left over) in a garden, a half-measure, and, according to R. Akiva a quarter-measure, he returns the land to him. [We are apprised by our Mishnah that seven and a half kavin to a kor, which is a quarter kav to every sa'ah, is waived (by the seller); from seven and a half kavin until (and not including) nine kavin, a reckoning is to be made; and from nine kavin on, the land is to be returned.] And he returns not only the excess, but all of the quarters. [This is the intent: Where it is stated that a (monetary) reckoning is to be made or that he returns land, it is not the excess alone that he returns, but also all the additional thirty quarters to a beth-kor. For since there is "distinctive" land in toto, he waives nothing.]

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