Bava Batra 7

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.

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.]

מִדָּה בַחֶבֶל אֲנִי מוֹכֵר לְךָ הֵן חָסֵר הֵן יָתֵר, בִּטֵּל הֵן חָסֵר הֵן יָתֵר מִדָּה בַחֶבֶל. הֵן חָסֵר הֵן יָתֵר מִדָּה בַחֶבֶל, בִּטֵּל מִדָּה בַחֶבֶל הֵן חָסֵר הֵן יָתֵר, דִּבְרֵי בֶן נַנָּס. בְּסִימָנָיו וּבִמְצָרָיו, פָּחוֹת מִשְּׁתוּת, הִגִּיעוֹ. עַד שְׁתוּת, יְנַכֶּה:

[If one says to his neighbor these two things which contradict each other:] "I am selling you rope-measure, more or less", ["rope-measure" connoting exactness, and "more or less," approximation], [the latter phrase] "more or less" cancels [the former, "rope-measure." [And even if there were a quarter less to every sa'ah, or a quarter more, the sale stands.] (If he says: "I am selling you) more or less, rope-measure," "rope-measure" cancels "more or less." These are the words of Ben Naness. [He holds that the last expression is followed; and the rabbis differ, saying that the lesser expression (i.e., that which results in "less" for the buyer) is followed, whether it be first or last. The rabbis are in doubt as to which expression is to be followed, so (they rule) that the buyer takes in accordance with the expression which results in less for him. The halachah is in accordance with the sages.] (If he says:) ["I am selling you a beth-kor of soil] within these signs and boundaries" less than a sixth, the sale stands; until a sixth, he deducts (the difference). [The intent is: If the beth-kor were lacking a sixth (and, it goes without saying, less than a sixth), the sale stands. But if there were more than a sixth, and downwards, until (but not including) a sixth, he deducts (the difference.)]

הָאוֹמֵר לַחֲבֵרוֹ חֲצִי שָׂדֶה אֲנִי מוֹכֵר לְךָ, מְשַׁמְּנִין בֵּינֵיהֶן וְנוֹטֵל חֲצִי שָׂדֵהוּ. חֶצְיָהּ בַּדָּרוֹם אֲנִי מוֹכֵר לְךָ, מְשַׁמְּנִין בֵּינֵיהֶן וְנוֹטֵל חֶצְיָהּ בַּדָּרוֹם, וְהוּא מְקַבֵּל עָלָיו מְקוֹם הַגָּדֵר, חֲרִיץ וּבֶן חֲרִיץ. וְכַמָּה הוּא חֲרִיץ, שִׁשָּׁה טְפָחִים. וּבֶן חֲרִיץ, שְׁלֹשָׁה:

If one says to his neighbor: "I am selling you half a field," they "fatten" between themselves, and he (the buyer) takes his half of field. [They designate the "fat spot" in the field and the seller takes it, the buyer having the lower hand. And, corresponding to it, he gives the buyer inferior land amounting to the value of the "fat spot" taken by the seller. For when he said: "I am selling you half a field," his intent was the value of half a field. So that (for example) if it (the field) were one hundred cubits for one hundred dinars, and there were in it a "fat spot" of thirty cubits worth fifty dinars, the seller takes it and gives the buyer seventy cubits of the (relatively) inferior ground for fifty dinars. The (practical) difference — A man prefers one measure of superior soil to two measures of inferior, though the price be the same.] (If he said:) "I am selling you half in the south, they "fatten" between themselves, and he takes his half in the south. [The entire field is not assessed as (it is) in the first instance, but the value of half the field in the south is assessed, whether superior or inferior, and corresponding to the value of the half in the south, the seller gives the buyer (land of) inferior quality wherever he wishes (in that field). For the buyer has the lower hand, and his (the seller's) intent might have been: "I am selling you the value of the southern half wherever I wish in my land."] And he [the seller] takes it upon himself [to allocate] space [in the half-field that he bought] for a fence, a rut and a small rut, [both of them behind the fence on the outside, so that an animal not jump (over the fence) into the field. For if he made (just) a rut, and not a small rut, since the rut is wide, it could back off in it and jump to the other side. And if he made (just) a small rut and not a rut, since it is small, it could stand on its edge and jump. And what is (the distance) between a rut and a small rut? A handbreadth.] How large is a rut? Six handbreadths. And a small rut? Three.