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1) A BROTHER THAT LOST PART OF HIS SHARE

(a) (Rav): Brothers divided, a creditor (of their father) took the portion of one brother - the division is void.
(b) (Shmuel): That brother lost, he is not compensated.
(c) (Rav Asi): That brother gets a quarter of what was taken, in land (Rashbam - or; Tosfos - and a quarter) in money.

1. Rav says that the division is void, we consider that each brother inherited his proper share, all must pay the debt;
2. Shmuel says that the brother lost, we consider the brothers like buyers (they allow each other to take a share in place of what (Hash-m knows that) he should have inherited) without Acharayos;
3. Rav Asi in unsure whether they are like heirs or like buyers (Tosfos - with Acharayos), and therefore we compromise and he gets a quarter in land or (Tosfos - and a quarter) in money.

(d) (Rav Papa): The Halachah is, in this and the previous argument, the brothers give a portion of their property (they are heirs, like Rav; the division is valid, like Shmuel (106B));
(e) (Ameimar): The division is invalid (like Rav).
(f) The Halachah follows Ameimar.

(a) (Beraisa): Three came to appraise orphans' property: one said 100 (Zuz), the others said 200, or vice-versa - we follow the majority;

1. If one said 100, another said 80, the third said 120 - we adopt 100;
2. R. Eliezer b'Rebbi Tzadok says, we adopt 90 (we will explain the opinions);
3. Others say, we take a third of the difference between the extreme positions (40) and add it to the lowest opinion.
4. The first opinion adopts 100 - this is the average of the extreme positions (Rambam; Rashbam - it is the intermediate opinion);
5. R. Eliezer b'Rebbi Tzadok says 90 - we assume that it is really worth 90;

i. The opinions that said 80 and 100 each erred by 10 (only one of them, the third opinion, made a large error).
ii. Question: Why not say, it is really worth 110; the opinions that said 100 and 120 each erred by 10!
iii. Answer: Since we are unsure which of these is true, we follow the smaller amount.

6. Others say, we take a third of the difference between the extreme positions and add it to the lowest opinion.

i. We assume that it is really worth 93 and one third; the opinion that said 80 erred by 13 and one third;
ii. The opinion that said 100 also erred by 13 1/3; he did not say 106 2/3, for de did not want to sound too much higher than the previous opinion.
iii. Question: Why not say, it is really worth 113 1/3; the opinions that said 100 erred by 13 1/3; the opinion that said 120 also erred by 13 1/3; he did not say 126 2/3, for de did not want to sound too much higher than the others!
iv. Answer: Since we are unsure which of these is true, we follow the smaller amount.

(b) (Rav Huna): The Halachah follows 'Others'.
(c) Objection (Rav Ashi): Their reason is unreasonable, does the Halachah follow them?!
(d) (Judges of Bavel (Shmuel and Karna)): We take a third of the difference between the extreme positions and add it to the lowest opinion.
(e) (Rav Huna): The Halachah follows Judges of Bavel.
(f) Objection (Rav Ashi): Their reason is unreasonable, does the Halachah follow them?!

(a) (Mishnah): Reuven told Shimon 'I sell to you half of a field' - Meshamnim (we divide according to the Shumen (fatness) of the land - every clause of the Mishnah will be explained later), Shimon takes half a field;
(b) 'I sell to you half of a field in the south' - Meshamnim, Shimon takes half in the south.
(c) He (Rashbam - Reuven; Rambam - Shimon) accepts to provide the place for the fence, a ditch six Tefachim wide, and a secondary ditch three Tefachim wide.
(d) (Gemara - R. Chiya bar Aba citing R. Yochanan): The buyer takes the weaker half of the land.
(e) Question (R. Chiya bar Aba): But the Mishnah says Meshamnim (each gets half the good land)!

1. Counter-question (R. Yochanan - second clause of the Mishnah): 'I sell to you half of a field in the south' - Meshamnim, Shimon takes half in the south (whether it is good or not)!
2. Answer (R. Yochanan): You must say, Meshamnim means, the calculation of half the land is not according to area, rather, according to value;

(f) Answer (R. Yochanan): Also in the first clause, it means that Shimon gets land worth as much as what Reuven keeps. (I only taught that Reuven can choose to keep the highest quality land.)

(a) (Mishnah): He accepts to provide the place for the fence...
(b) (Beraisa): Both ditches are outside the fence; the secondary ditch is closer to the fence;

1. The ditches are to prevent a Nemiyah (marten) from jumping over the fence.

(c) Question: Why isn't a (regular) ditch enough?
(d) Answer: Since it is wide, the marten can jump from the bottom of it.
(e) Question: Why isn't a secondary ditch enough?
(f) Answer: Since it is thin, the marten can jump from outside of it.
(g) Question: How much must he leave between the two ditches?
(h) Answer: One Tefach.