בבא בתרא קו - מקורות נלווים

“If somebody say to another: I am selling you half a field,” etc. 37This should be in Halakhah 3; it refers to the end of Mishnah 4, Note 28. In the Babli, 106a, Rav Huna declares that an error of one sixth follows the rules of errors less than one sixth; i. e., he holds that monetary adjustment is needed for any deviation from the area stated in the contract. It is not evident that Rebbi Huna here is a scribal error for Rav Huna even though Rav Huna is quoted reasonably frequently in Neziqin but Rebbi Huna is only mentioned three times, and this in Bava meṣia‘. Rebbi Huna said, the sixth itself he shall deduct.

The halakha with regard to the assessment of the judges of the value of a piece of property in order to sell it is as follows: Where they decreased the price by one-sixth of its market value or added one-sixth to its market value, their sale is void. Rabban Shimon ben Gamliel says: Their sale is valid. If it were so that the sale is void, then what advantage is there to the power of the court over an ordinary person? However, if they made a document of inspection, i.e., an announcement that people should come to inspect the field and bid on the property, then even if they sold property worth one hundred dinars for two hundred dinars, or sold property worth two hundred dinars for one hundred dinars, their sale is valid, as the transaction was agreed upon and done publicly.

And another proof can be seen from that which is taught in a baraita: Eretz Yisrael is destined to be divided among thirteen tribes during the messianic era, unlike the division in the time of Joshua. As, initially the land was divided only among twelve tribes, as the Torah does not allot a portion to the tribe of Levi. The baraita continues: And the land was divided only with money, such that each tribe that received a portion more valuable than average compensated another tribe that had received a portion less valuable than average, as it is stated: “Between the more and the fewer.” Rabbi Yehuda said: The area of land whose yield is a se’a of grain in Judea is so valuable that it is equal in value to the area necessary to produce five se’a of grain in the Galilee. The baraita continues: And the land was divided only by a lottery, as it is stated: “Only by lot shall the land be divided” (Numbers 26:55). And the land was divided only with the Urim VeTummim, as it is stated: “By the pronouncement of the lot” (Numbers 26:56). The baraita asks: How can these texts be reconciled? One indicates that the land was divided by lottery and the other indicates that the land was divided with the Urim VeTummim. The baraita explains: Elazar the High Priest was dressed with the Urim VeTummim, and Joshua and all the Jewish people were standing before him, and a lottery receptacle containing the names of the tribes and another lottery receptacle containing the names of the boundaries of the twelve different regions of Eretz Yisrael were placed before him. And Elazar would ascertain the assignments of land with the Divine Spirit and say, in accordance with the notification of the Urim VeTummim: The name of the tribe Zebulun now emerges from the receptacle in the lottery, and the region whose boundary is Akko emerges with it from the other receptacle. After stating this, he would mix the lots in the receptacle of the tribes and the lot of Zebulun would emerge in his hand. He would then mix the lots in the receptacle of the boundaries, and the boundary of Akko would emerge in his hand.

(Bamidbar 26:54) "To the (more) numerous (tribe) you shall increase its inheritance, and to the less (numerous) you shall decrease its inheritance." If one had five sons when he left Egypt, and ten sons when he entered the land, I apply to them "To the numerous you shall increase its inheritance." If he had ten sons when he left Egypt, and five when he entered the land, I apply to them "and to the less you shall decrease its inheritance." "To a man": to exclude women, tumtumim, and hermaphrodites. "according to its numbers": We are hereby taught that Eretz Yisrael was apportioned to each tribe according to its (head-count). And thus is it written (Joshua 17:14-15) "And the children of Joseph said to Joshua: Why have you given me a single allotment as an inheritance, when we are a great multitude whom the L-rd had thus far blessed? And Joshua said to them: If you are a great multitude, go up to the forest country and clear an area for yourselves there in the land of the Perizzi and the Rephaim, the mountain of Ephraim constricting you." "shall his inheritance be given": I would understand this to mean (that each tribe took) indiscriminately. It is, therefore, written (55) "by allotment." If "by allotment," I would understand, by themselves (i.e., by their own lottery.) It is, therefore, written (56) "By the word (of the lottery"), whereby we are apprised that Eretz Yisrael was apportioned by the Holy Spirit. I might think, by himself (i.e., the high-priest, by means of the urim vetumim). It is, therefore, written "shall its inheritance be divided," (connoting in the presence of the entire tribe). (Bamidbar 26:25) "Only by lot shall the land be divided": ("Only") — excluding Joshua and Calev (who received special portions.) And thus is it written (Judges 15:13) "And to Calev ben Yefuneh was given a portion in the midst of the children by word of the L-rd to Joshua," and (Judges 1:20) "And they gave Chevron to Calev as Moses had spoken," and (Joshua 19:49-50) "And the children of Israel gave a portion to Joshua the son of Nun in their midst. By word of the L-rd they gave him the city that he asked for, Timnath Serach." (Bamidbar 26:55) "By the names of the tribes of their fathers": to exclude proselytes and bondsmen. (56) "between the large and the small": We are hereby apprised that Eretz Yisrael was apportioned by estimate — beth-kor (a large measure [of relatively inferior land]) against a beth-sa'ah (a small measure [of relatively superior land]) and vice versa.