The Weekly Daf - #52
Bava Basra 107-113
Week of 1-7 Adar Rishon 5755 / 1-7 February 1995
By Rabbi Mendel Weinbach, Dean, Ohr Somayach Institutions       
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                  This issue is dedicated in the memory of 
   Rochel bas R' Avrohom Boruch HaLevi by her son, Jeremy Rose, of London
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                         Where Do We Draw the Line ------------------------

Case 1:
   Reuven contracts to sell Shimon half of his field which has sections of
   varying value, without specifying which half.  When it comes to dividing
   the field Shimon claims that it should be evenly divided into two parts.
   Reuven, however, argues that he intended to sell him half the total
   value of the field which he wishes to give him from the parts of
   inferior value since he prefers to have a smaller amount of better land
   to having much inferior land.

   |9 |9 |9 |9 |9 |10|10|15|15|15|   Total Value: 110
   |Portion given to |  |  |  |  |   Due to Buyer: 55
   |      Buyer      |  |  |  |  |   numbers indicate price of field

The Rule:
   Since no specification was made the seller has the upper hand and can
   give him half the total value of the field from its inferior parts.

Case 2:
   This time the two parties specify that the southern half of the field is
   being sold.  Shimon claims this means a geographical half of the field
   and again Reuven counters that he only intended to sell half the value
   of the field.

   |9 |9 |9 |9 |9 |10|10|15|15|15|
   |  Portion given to  |  |  |  |
   |       Buyer        |  |  |  |

   Rashbam -- We make an evaluation of the total southern half of the field
   (65) and allow the seller to give it from the inferior parts of his
   field.

   |9 |9 |9 |9 |9 |10|10|15|15|15|
   |  |  |  |  |  |  | Portion   |
   |  |  |  |  |  |  | Given to  |
   |  |  |  |  |  |  | Buyer     |

   Rambam -- We make an evaluation of half of the total value of the field
   (55) which the buyer receives in the southern (right side) part of the
   field.

The Rule:
   In regard to the Gemara's ruling in this case there are two
   interpretations by the major commentaries diagrammed above.

                                                            Bava Basra 107b

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                           Dimensions of Dignity

"Skin a carcass in the marketplace to earn money," 
   the Sage Rav advised his disciple Rabbi Cahana 
      "and don't hesitate to do so because it is unbecoming
          to a man of you stature."

Rashbam points out that although a Torah scholar is required to maintain 
his dignity because of the Torah he represents -- the Gemara in Masechta 
Shabbos (114a) warns that a Torah scholar who appears in public with a 
fatty stain on his clothes is deserving of a death penalty for disgracing 
the Torah in the eyes of his beholders -- working for a livelihood in any 
honest fashion is not considered an indignity.
                                                            Bava Basra 110a
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