Translation:Shulchan Aruch/Choshen Mishpat/218

Paragraph 1- If one tells another he is selling a kur of dirt- the same would apply if he just said he is selling a kur-and the field had small valleys that were ten tefachim deep, even if they have no water, or rocks that were ten tefachim tall and four tefachim wide and not ¼ kav, these valleys and rocks would not be included in the kur because people don’t give money for one location that will look like two or three locations. The buyer would receive these valleys and rocks included the kur, without paying any money. There are those who say the seller would retain the valleys and rocks. The buyer would take the remainder of the field provided that he can pass his plow between them.

Paragraph 2- If the valleys and rocks were less than that size, even if they were filled with water, they would be included in the kur. When is this true? Where they totaled only four kav and that four kav area was part of a five kav area that is the majority of the field. If they were more than four kavin, and they were three tefachim tall, or if they were very scattered or not included in the five kav area, they would not be part of the kur measurement, even if they were not ten tefachim tall.

Paragraph 3- If the majority of the valleys and rocks were in a minority of the field, if a minority of the valleys and rocks were in the majority of the field, if they were divided like an even string or circle, they were divided in thirds, they were on the sides or they were arranged crookedly, these are call cases of doubt and the party trying to take money would have the burden of proof.

Paragraph 4- Similarly, if there was dirt above and a rock below, or rock above and dirt below, it is an uncertain law.

Paragraph 5- If there was a solo rock, it would not be included in the measurement, even if it was ¼ of a kur. If it was close to the border, even if it was a tiny amount, it would not be included in the measurement. If there was dirt between the rock and the border, the law is uncertain. These laws are all the opinion of the Rambam. There are other opinions on these laws, however, and the Tur brings them.

Paragraph 6- If the seller said he is selling “about” a kur of a dirt, even if there are valleys 10 or more tefachim high, they would be included in the measurement. There are those who say that this only applies where they are not more than four kav. This is all in a case where the buyer is not standing in the field. If he is standing in the field, however, it is as if he said “I am selling a kur of dirt to you, give or take,” and even if it was short 7.5 kav it would be a valid sale.

Paragraph 7- If one tells another he is selling him a kur of dirt, measured with a rope, and the seller gave less by any amount, the buyer would deduct it from the cost. If the seller added any amount, the buyer must return it.

Paragraph 8- If the seller said he is selling this kur of dirt, it is as if he said he selling a kur of dirt, give or take. If he gave 1/24 less than he said, which is ¼ kav for each seah, or if he added ¼ kav for each seah, the buyer would receive that amount. If he erred by more than that, he should calculate every ¼ kav that was subtracted or added. The buyer would subtract from the cost any amount that was missing from the kur. There are those who say that only where he gave less is it still considered a kur. If he gave more, however, the foregoing would not apply because he said he is giving a kur. This only applies where he has no other real property. If he sold a kur of his fields, however, he would give an exact kur. Any amount over a kur would be returned to the seller.

Paragraph 9- What does the buyer return? If the additional amount was less than nine kav, he would return money at the value at the time of the sale in order to benefit the seller. If the extra amount was adjacent to another of the seller’s field, he would return that piece of adjacent land because it is adjacent to his other fields and he is not losing anything.

Paragraph 10- If the additional amount was more than nine kav, he must give ¼ kav for every seah. If the amount in addition of such ¼ kav totaled nine kav, he would give all the ¼ kav with the surplus from the land, at the value of when it was purchased from him.

Paragraph 11- When is this true? Where the property was cheaper at the time of the sale and went up in value at the time the surplus was returned. If the property was more expensive and then went down in value, however, we tell the buyer that if wants to give the value of the surplus he would give the value at the time of the sale. If he wants to give land, he would give at the amount it is worth now.

Paragraph 12- A half kav in a garden has the same rules as nine kav in a field. If the seller gave less than a ½ kav over the ¼ kav he would only return money. If the surplus was ½ a kav he would return all the ¼ kav with the surplus in money or with property at the cheaper price of the time of return. Everything the Mechaber wrote from the beginning of paragraph 9 until now is from the Rambam in Chapter 28 of the Laws of Sales. The Magid Mishna concludes that the basis for the Rambam’s views are unclear. The primary view is that of those who say that in any case of less than nine kav the seller the right to accept property or money and if the buyer gives money he would give at the cheaper rate, regardless of whether the property was cheap and went up in value or expensive and went down in value. If the seller had another field adjacent to this field, however, the buyer would give property. The same would apply where the surplus was nine kav, and we would calculate the entire surplus, whether it is the ¼ kav or the rest.

Paragraph 13- If one sold a field and it became a garden while in the buyer’s possession, or he sold a garden and it became a field, it is uncertain whether the law follows its status at the time of the sale or at the current moment.

Paragraph 14- If one tells another that he is selling a kur of dirt, “as measured by a rope, give or take,” or if he says he is selling a kur of dirt, “give or take, as measured by a rope,” we would follow the inferior of the languages and it would have the status of “give or take.”

Paragraph 15- If one sold another a kur and said to him, “with its signs and borders,” and he subtracted 1/6 or added 1/6, the buyer would keep what he received. If he subtracted more than 1/6, the buyer would subtract from the price. If he added more than 1/6, the buyer would give him money or real property, depending on what was excluded. If the amount remaining in the field was less than nine kav, or less than ½ a kav in a garden, and it was not adjacent to the seller’s field, the buyer would return money to the seller.

Paragraph 16- If one sells a field to a buyer who knows the field and its borders and is already accustomed to it, even if the seller said its size was 200 and it was only 150, the buyer would keep what he received because he knew and accepted. This that the seller said it had 200 meant that it it’s worth the same as another field that’s size is 200.

Paragraph 17- If one tells another he is selling him, “such and such beis kur”, even if its size was only half a kur, the buyer would keep what he got, because the sale was only the place referred to as “beis kur.” Thus, the seller must bring proof that it is referred to as “beis kur.”

Paragraph 18- Similarly, if one tells another he is selling his orchard in such and such place, even if there were no grapes, the sale is valid, so long as they refer to it as a orchard. Similarly, if one tells another he is selling this orchard, even if there were no pomegranates, the sale is valid, so long as it is referred to as a orchard. The same applies to anything similar.

Paragraph 19- All of the foregoing is in a location without a custom. In a place where there is a custom, however, we would follow the custom and the way most of the people of that location speak.

Paragraph 20- If one tells another he is selling half a field, we appraise how much the whole field is worth and give from the inferior part of the field equal to half the value of the whole field. Similarly, if he said he is selling half in the south, we would appraise the entire field, and we give the buyer in the south the amount equal to half the value. The buyer would accept upon himself to create a place for a fence on his portion- there are those who say the seller must provide the area to make the fence and other items- a small ditch three tefachim wide behind the fence, a larger ditch six tefachim wide outside the small ditch and a width of a tefach between the ditches. All of this is so that a marten does not jump in.

Paragraph 21- If one owned half a field and told another that he is selling the half of the field that he owns, the buyer would acquire the entire half. If he said he is selling half of what he owns, the buyer would only acquire ¼. See above 214:7.

Paragraph 22- If one had a large valley with many fields, and each one had a unique border, and he sold a field and described the borders of the valley, the buyer would only acquire one field even though there are some people who refer to a valley as a field. See above 214:7. If there is no border separating the fields, however, the buyer would acquire the entire valley because anything surrounded by one border is referred to as one field. See the beginning of Siman 219.

Paragraph 23- If one tells another he is selling “the field of the house of Rav Chiya,” and there were two fields referred to by that name, the buyer would only acquire the inferior of the two.

Paragraph 24- If one tells another he is selling fields to him, the minimum of fields is two fields. If he said he is selling all fields, it would even be three or four, excluding gardens and orchards. This is only where he said he is selling fields. If he said he is selling all real property, however, everything would be included, even houses. If the seller said he is selling properties, even gardens and orchards would be included, but not houses and slaves. If he said he is selling all properties, even houses, slaves and other movable items known to him, and even the tefillin on his head, would be included in the sale. This only applies where he said all my properties. If he said all the properties of the house of so and so, however, he will not have sold the movable items he acquired from such person because movable items are not referred to by the seller’s name.

Paragraph 25- If one tells another that he is selling Reuven’s field, and the when the buyer comes to use the field the seller tells him that this is not the field that belonged to Reuven but that’s just what it was called and it never actually belonged to Reuven, and that this other field belonged to Reuven and he purchased it from him and this the field he sold to him, the seller has the burden of proof. If he cannot bring proof, the buyer would acquire the field that everyone calls Reuven’s.