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1) AN AGENT THAT SOLD THE WRONG AMOUNT

(a) Objection: Since the end of the Mishnah is a case of selling too cheaply, the beginning of the Mishnah is not such a case!

1. (Mishnah): If her Kesuvah was 400, and she sold 100, and another 100, and the last sale was worth 101 and she sold it for 100 - the last sale is void, the other sales stand.

(b) Answer: Both the beginning and end of the Mishnah are cases of selling too cheaply.

1. The latter case teaches, only because she sold the orphans' property (i.e. the last Dinar more than she was entitled to) too cheaply, the sale is void - we infer, when she sells her property (what she is entitled to) too cheaply, the sale stands.

(c) Question: But we learn this earlier in the Mishnah!

1. (Mishnah): A widow's Kesuvah was 200. She sold property of the orphans which was worth 100 for 200; or, property worth 200 for 100. In either case, she has received her full Kesuvah.

(d) Answer: One might have thought, we only say that the sale stands (when she sold too cheaply) when the sale completes payment of her Kesuvah; but when she is still entitled to collect more, we would decree that the sale is void, lest people say that the sale stands even when she sold more than she was entitled to.

1. The end of the Mishnah teaches that there is no such decree.

(e) Version #2: If a man told an agent 'Sell for me (land fitting to sow) a Lesech' and the agent sold twice this amount, clearly, we say that he fulfilled his mission and added to it (and the sale of 1 Lesech stands).
(f) Question: If a man told an agent 'Sell for me 1 Kor' and the agent sold half this amount, what is the law?

1. Can the agent say, I did even better than you requested - had I sold the full amount, and you did not need the money, you would not be able to retract! (But now, you will retain half the land.)
2. Or, can the owner say, I do not want (to sell to 2 people because this will cause) that there will be many documents saying that I sold land?

(g) Answer (R. Chanina from Sura - Mishnah): Reuven gave Shimon a gold Dinar and asked him to buy a cloak. Shimon spent half the money for a cloak, and half for a Talis. The money was found to be Hekdesh - both transgressed Me'ilah.

1. If such a case is considered fulfilling the mission and adding to it, we understand why Reuven transgressed Me'ilah.
2. Question: If it is considered changing the mission - why did Reuven transgress?
3. Answer: Shimon spent half the Dinar and bought a cloak worth a full Dinar.
4. Question: If so, why did Shimon transgress Me'ilah?
5. Answer: For buying the Talis with the rest of the money.
6. Question: If so, how do we understand the end of the Beraisa?

i. (Beraisa - R. Yehudah): Even in this case, Reuven did not transgress Me'ilah, since he can say, I wanted a big cloak, and you brought me a small, bad one. (If it is worth a Dinar, why does he say it is bad?)

7. Answer: It is 'bad' in price!

i. Reuven tells Shimon - had you spent the full Dinar on the cloak, you would have gotten one worth (more than) 2 Dinars.

8. Presumably, this answer is correct - the Beraisa continues, 'R. Yehudah admits, if he was sent to buy legumes (and spent half the money on legumes, half on something else) Reuven also transgresses Me'ilah - legumes are sold at the same rate whether one buys a lot or a little.'

9. Question: What is the case?

i. If in a place where legumes are sold by estimation - there, one does receive a better rate when buying in quantity!

10. Answer (Rav Papa): Rather, it is in a place where one receives a fixed measure for each Prutah.

(h) Answer (Mishnah): If her Kesuvah was 400, and she sold 100, and another 100, and the last sale was worth 101 and she sold it for 100 - the last sale is void, the other sales stand. (We see, a smaller sale is valid).
(i) Rejection: The case is, as Rav Shisha Brei d'Rav Idi said (coming up) - the orphans inherited small plots of land which are not normally sold to one buyer.

(a) The following case is obvious: If he said, sell to one buyer, not to 2, a sale to 2 is invalid.
(b) Question: If he just said, sell to 1 person, what if he sold to 2?
(c) Answer #1 (Rav Huna): Here also, he meant, sell to one buyer, not to 2.
(d) Answer #2 (Rav Chisda and Rabah Bar Rav Huna): He meant, sell to 1, or even to 2, or even to 100.
(e) Question (Rav Chisda and Rabah Bar Rav Huna to Rav Nachman): How do you hold in such a case?
(f) Answer (Rav Nachman): He meant, sell to 1, or even to 2, or even to 100.
(g) Question (Rav Chisda and Rabah Bar Rav Huna): Do you say that the sale is valid, even if the agent made a mistake?
(h) Answer (Rav Nachman): No.
(i) Question (Rav Chisda and Rabah Bar Rav Huna): But it was taught (Rashi; Tosfos - you yourself said), the sale of land is not subject to the law of overcharging!
(j) Answer (Rav Nachman): That only applies when the owner sells - but if an agent sells, the owner says, 'I sent you to help me, not to harm me'!

1. The following Mishnah shows that we distinguish between the owner and an agent.
2. (Mishnah): One tells a messenger, take Terumah - he should take as the owner wants. If he does not know, he should take as an average person, 1/50, If he took 1/40 or 1/60, the separation is valid.

i. Regarding the owner himself, a Beraisa teaches: Even if he (accidentally) took 1/20, the separation is valid.

(k) (Mishnah): If her Kesuvah was 400, and she sold 100, and another 100, and the last sale was worth 101 and she sold it for 100 - the last sale is void, the other sales stand. (We see, if she sold to many buyers, the sale is valid.)
(l) (Rav Shisha Brei d'Rav Idi): This is no proof - the case is, the orphans inherited small plots of land which are not normally sold to one buyer.

(a) (Mishnah): An assessment of Beis Din which was 1/6 too much or too little - the sale is void; R. Shimon Ben Gamliel says, the sale stands - if it is void, Beis Din has no clout!
(b) If a letter of investigation (i.e. announcement that the property is for sale) was done, even if property was sold for double or half the value, the sale stands.
(c) (Gemara) Question: Whom does an agent resemble?