Talmud for Bava Batra 5:6

אַרְבַּע מִדּוֹת בַּמּוֹכְרִין. מָכַר לוֹ חִטִּים יָפוֹת וְנִמְצְאוּ רָעוֹת, הַלּוֹקֵחַ יָכוֹל לַחֲזֹר בּוֹ. רָעוֹת וְנִמְצְאוּ יָפוֹת, מוֹכֵר יָכוֹל לַחֲזֹר בּוֹ. רָעוֹת וְנִמְצְאוּ רָעוֹת, יָפוֹת וְנִמְצְאוּ יָפוֹת, אֵין אֶחָד מֵהֶם יָכוֹל לַחֲזֹר בּוֹ. שְׁחַמְתִּית וְנִמְצֵאת לְבָנָה, לְבָנָה וְנִמְצֵאת שְׁחַמְתִּית, עֵצִים שֶׁל זַיִת וְנִמְצְאוּ שֶׁל שִׁקְמָה, שֶׁל שִׁקְמָה וְנִמְצְאוּ שֶׁל זַיִת, יַיִן וְנִמְצָא חֹמֶץ, חֹמֶץ וְנִמְצָא יַיִן, שְׁנֵיהֶם יְכוֹלִין לַחֲזֹר בָּהֶן:

There are four "measures" [distinct laws] in respect to sales: If he sold him good wheat and it was found to be bad, the buyer can back out. [i.e., If it were stipulated that he be given good wheat and it was found to be bad, it is like ona'ah ("wronging," overcharging). Therefore, only the object of the ona'ah, the buyer, can back out, but not the seller, even if the price of wheat rose greatly.] (If it were stipulated that he be given) bad wheat and it was found to be good, the seller can back out. Bad and found to be bad; good and found to be good, neither can back out [even if the price rose or fell. And the buyer cannot say: "I intended good wheat — I said 'bad' only by way of (Proverbs 19:8): '"Bad, bad," the buyer says.'" And, conversely, the seller cannot say: "I intended bad wheat — I said 'good' only because it is the way of a seller to call bad good."] Shechamtith [red (-brown). The Targum of (Genesis 30:35): "And all chum" (brown) is: "And all shechum."], and it were found to be white; white, and it were found to be shechamtith — Olive wood, and it were found to be sycamore wood; sycamore, and it were found to be olive — Wine, and it were found to be vinegar; vinegar, and it were found to be wine — both can back out. [For some prefer the one, and others, the other. All such instances are a mekach tauth (a "mistaken sale") for both, and both can back out, whereas in the instance of "good, and they were found to be bad," all prefer the good. [("Wine, and it were found to be vinegar, etc.":) Some prefer wine; others, vinegar.]

Jerusalem Talmud Sheviit

HALAKHAH: Rav Jehudah in the name of Samuel, Rebbi Abbahu in the name of Rebbi Joḥanan¹⁷A very shortened version of this statement is in Baba Batra 5:5 (fol. 15a), a parallel is in Babli Baba Batra82b–83a, where the allowable distances are determined in a lengthy discussion. Probably the statement in (Caesarean) Yerushalmi Baba Batra is the original one; the extended (Tiberian) version here must be the result of a derivation parallel to the arguments of the Babli. The rules established in Baba Batra deal with transactions without special stipulations; the parties in a sale are free to specify exactly what is sold and what is not sold but if the details are not mentioned in the contract of sale then the rules given here are valid by default.: If somebody buys three trees on another person’s property, spaced so that ten trees could be planted in a bet seah¹⁸This is the minimum of trees in a bet seah that constitutes an orchard. If the trees are planted in a regular pattern, each tree is the center of a square of 250 square cubits. Hence, the distance of two trees is 250^½ = 15.811 cubits. (In the Babli, the distance is required to be “less than 16 cubits.”) and that the ox and its harness could pass between them¹⁹This is defined as “working space” of 4 cubits in Kilaim, Halakhah 5:3. In all cases, the stems of the trees are not included in the measurements, cf. Kilaim, Halakhah 4:8., then he acquired the ground under them, the ground between them, and outside the space for the harvester and his basket. Rav said, if they form a group²⁰If the trees form a triangle. The correct version is in a Genizah fragment, בעשויין ציבה, referring to צובה “tripod”. The Venice text has the word in Eruvin 5:2, in a rule concerning three villages close one to another, where Rav requires them to be built “like a tripod” and Samuel allows them to be aligned.. Samuel says, also if they are in a straight line. Rebbi Yose said, this refers to there but not to here²¹The minimal and maximal distances apply to civil contracts, not to the laws of the Sabbatical.. Rebbi Jonah said, it refers even to here, if they are close²²Fruit trees planted less than four cubits apart cannot grow; they are planted either in a tree nursery to be transferred later to genuine agricultural use or they are grown for their wood and will be cut down. In no case is ploughing the field for them justified.. Rebbi Mana said to him, did we not state “that the ox and its harness could pass between them”? Come and see, if the ox and its harness can pass between them, the roots can expand laterally, but if the ox and its harness cannot pass between them, the roots cannot expand laterally.

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Jerusalem Talmud Peah

MISHNAH: He who sows one species on his field gives one peah even though he works⁸²Literally: He makes two threshing floors. Not only the act of threshing is involved, but also the collection of threshed grain into orderly heaps. The best translation is: processing (grain on the stalk into a commercial commodity.) at two different threshing floors. If he sows two species, he gives two peot even though he threshes them together⁸³And puts them together in the same heap.. He who sows two different kinds of wheat on his field gives one peah if he processes them together⁸⁴That means that he treats them as one kind of wheat., two peot if he threshes them separately.
It happened that Rebbi Simeon from Miẓpah⁹³A Mishnah collector in the times of Rabban Gamliel I; one of a very small number of scholars who lived during Second Temple times who is always mentioned with the title “Rebbi.” {It is possible that before the destruction of the Temple, “Rebbi” did not designate a rabbi but a collector of legal statements.} Miẓpah probably is today’s Nebi Samwil, N. W. of Jerusalem. sowed before Rabban Gamliel; they ascended to the stone hall⁹⁴The hall on the Temple Mount whose walls were formed by hewn stone and in which the high court held its sessions. and asked. Naḥum the scribe⁹⁵Cf. Latin libellaris, “of books.” He was the clerk of Rabban Gamliel I’s court. said: I have the tradition from Rebbi Miasha, who received it from my father, who received it from the pairs⁹⁶The pairs of authorities, chiefs and deputy chiefs of the high court in Jerusalem, who are mentioned in the first chapter of Pirqe Avot., who received if from the prophets⁹⁷Ḥaggai, Zachariah, Malachi, who by tradition are counted as members of the “Great Assembly.”, a practice going back to Moses on Sinai, that he who sows two different kinds of wheat on his field gives one peah if he stores them together, two peot if he stores them separately.

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