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1) MUST A BUYER ACCEPT DIRT?

(a) (Gemara - Rav Katina): (The Mishnah says that he must accept a quarter Kav of Pesoles for each Se'ah) - this refers to legumes.
(b) Inference: He need not accept dirt!
(c) Question: But Rabah taught, if Levi removes a pebble from Yehudah's grain, he must pay him the value of that volume of grain (for one who buys from Yehudah would have had to accept it)!
(d) Answer: He must accept a quarter Kav of legumes for each Se'ah, he must accept less than a quarter Kav of dirt for each Se'ah.
(e) Question: He must accept a full quarter Kav of dirt!

1. (Beraisa): A buyer must accept a quarter Kav of legumes for each Se'ah of wheat, a quarter Kav of straw for each Se'ah of barley, a quarter Kav of dirt for each Se'ah of lentils.
2. Suggestion: He must accept a full quarter Kav of dirt with wheat or barley, just like with lentils.

(f) Answer: No, he accepts this with lentils, because they are uprooted with dirt.
(g) Inference (and a support for Rav Katina): He accepts dirt with lentils, because they are uprooted - but grain is cut, not uprooted, he need not accept dirt!
(h) Rejection: Really, he must accept dirt with grain;

1. The Beraisa must teach about lentils - one might have thought, because they are uprooted he must accept more than a Rova - the Beraisa teaches, this is not so.

(a) (Rav Huna): If more than a Rova of Pesoles was found, the seller must give grain in place of all of the Pesoles (that is, he may not include the allowed amount of Pesoles).

1. Some explain, this is letter of the law; others say, it is a fine.
2. Some explain, this is letter of the law - a buyer pays for good produce; one does not bother to remove a Rova (or less) of Pesoles;

i. More than a Rova, one toils to remove it - once he toils, he removes all the Pesoles.

3. Others say, it is a fine - a Rova is common, more than this is not, we assume that he mixed in Pesoles, therefore he is fined, he must give a full measure of good produce.

(b) Question (Mishnah): If a Se'ah of grain has more than a Rova of another species mixed in, one must diminish the other species (before planting, on account of Kilayim),

1. We are thinking that a Rova regarding Kilayim is like more than a Rova regarding a sale - and it says, he must diminish it (he need not remove all of it)!

(c) Answer: No, a Rova regarding Kilayim is like a Rova regarding a sale.
(d) Question: If so, why must he diminish it?
(e) Answer: This is a stringency of Kilayim.

(f) Question (end of the Mishnah): R. Yosi says, he must remove all of it.

1. If a Rova regarding Kilayim is like more than a Rova regarding a sale, we understand the argument - Chachamim say that we fine what is permitted (less than a Rova) on account of what is forbidden (a Rova), R. Yosi does not fine.
2. But if a Rova regarding Kilayim is like a Rova regarding a sale, why must he remove all of it?

(g) Answer: R. Yosi is stringent because it looks like he intentionally sows Kilayim.
(h) Question (Mishnah): One person deposited 100 Zuz by Reuven, another person deposited 200; each claims that he gave 200, Reuven does not know who gave which - he gives each 100, the rest we leave until Eliyahu comes;
(i) Answer: That is different, there each definitely owns 100; here, perhaps all the dirt was intentionally mixed in!
(j) Support (end of the Mishnah - R. Yosi): No - if so, the swindler does not lose! Rather, we leave all the money until Eliyahu comes (or one admits).
(k) Rejection: That is different, one of them definitely is intentionally lying; here, perhaps he did not mix any dirt!
(l) Support (Beraisa - R. Meir): A loan document which specifies that interest will be charged - we fine the lender, and he may not collect even the principal;
(m) Rejection: That is different, there from the time the document was written, he transgressed; here, perhaps he did not mix any dirt!
(n) Question (end of the Beraisa - Chachamim): He collects the principal, not the interest.
(o) Answer: That is different, there, he is entitled to collect the principal; here, perhaps he intentionally mixed in all the dirt!
(p) Support (Ravin bar R. Noson - Beraisa): (Levi sold a Beis Kor, 'more or less' - he gave an area which was not exactly a Beis Kor. If the error was more than a Rova per Se'ah) not only does he return the excess, he returns the entire error.

1. This says that when we return, we must return the entire amount!

(q) Rejection: That is different, there, he said 'more or less'.

1. Up to a Rova (per Se'ah) is not considerable, more than a Rova is, since (over the whole Beis Kor) it amounts to nine Kavim, which is considered a field by itself, therefore, all must be returned.