Today, we begin the seventh chapter of Bava Batra. The opening mishnah begins as follows:
If one says to another: I am selling you a plot of earth of the size required for sowing one kor of seed, and there on that plot there were crevices ten handbreadths deep or rocks ten handbreadths high, they are not measured together with the rest of the field. If the crevices or rocks measured less than ten handbreadths, they are measured together with the rest of the field.
But if the seller said to the buyer: I am selling you a plot of earth that is about the size of a kor of seed, then even if there on that plot there were crevices deeper than ten handbreadths or rocks higher than ten handbreadths, they are measured together with the rest of the field.
The ideal land for planting is flat and fertile, but not all parcels are made that way. So when the seller stipulates that they are selling a beit kor of earth — i.e., the amount of land needed to plant a kor (a dry measure) of seeds — any crevices running deeper or rocks protruding taller than ten handbreadths do not count toward the land area (which, incidentally, translates to somewhere between four and six acres). However, if the seller promises about a beit kor, then those same crevices and rocks are counted as part of the land area. That these features reduce what the buyer can utilize is not a problem, as the seller’s language makes clear that their use of the term beit kor is an estimation.
This mishnah reinforces a principle we have learned before, that language matters, especially when making a transaction. Should a dispute about the deal arise, the courts will rely on the precise language used to describe the land to adjudicate completing claims.
Although the mishnah takes the words of the seller literally, the rabbis of the Gemara do not do the same with the language of the mishnah. As we saw above, the mishnah indicates that rocks or crevices that measure less than ten handbreadths in height or depth are included in the transaction of an approximate beit kor of earth. But, as we’ll read tomorrow, Rabbi Yitzhak suggests that there are limits to this leniency:
The rocks or crevices that measure less than ten handbreadths that the sages said are measured together with the rest of the field must not measure more than an area required for sowing four kav of seed within an area required for sowing a kor.
In other words, Rabbi Yitzhak limits the applicability of the mishnah’s rule to situations where the total area of crevices and rock that are less than ten handbreadths is less than four kavs per kor — or about 1/45th (just over two percent) of the total area. If they appear in greater concentration, these rocks and crevices should not be included in the measurement of the beit kor.
The mishnah’s intention is to ensure that a buyer who purchased a full beit kor of arable land gets, more or less, a full beit kor. It does so by excluding crevices and rocks of a significant size. While crevices and rocks less than ten handbreadths are not considered to be significant, if there are a lot of them, they can adversely impact the buyer’s ability to farm. So, while the language of the mishnah does not stipulate that there are situations in which its rule does not apply, the logic of the mishnah indicates that Rabbi Yitzhak is right on target. The legal commentators agree and codify his opinion into the law.
As the mishnah indicates, words have legal consequences. Yet, as those who are in charge of interpreting and applying the law know well, there are times where the spirit of the law should take precedence over its letter.
Read all of Bava Batra 102 on Sefaria.
This piece originally appeared in a My Jewish Learning Daf Yomi email newsletter sent on October 5, 2024. If you are interested in receiving the newsletter, sign up here.
Help us keep Jewish knowledge accessible to millions of people around the world.
Your donation to My Jewish Learning fuels endless journeys of Jewish discovery. With your help, My Jewish Learning can continue to provide nonstop opportunities for learning, connection and growth.
