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1) A MISTAKE OF BEIS DIN

(a) Answer #1 (Rava): His law is as Beis Din (if he errs less than 1/6, the sale stands).
(b) Answer #2 (Rav Shmuel Bar Bisna): His law is as a widow (any error invalidates the sale).

1. Rava said that he is as Beis Din, because he is not selling for himself, similar to Beis Din - but a widow sells for herself.
2. Rav Shmuel Bar Bisna said that he is as a widow, since he is also an individual - but Beis Din are many.

i. The law is, an agent is as a widow.

(c) Question: Why is this different than the following Mishnah?

1. (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.

(d) Answer: Some people take Terumah generously (1/40), some stingily (1/60), so the messenger can say, I estimated, this is what you wanted to give; by the sale of property, it is a pure error - the owner can say, you should not have erred.
(e) (Rav Nachman): The law is as Chachamim.
(f) Question: Is Rav Nachman really not concerned for the clout of Beis Din?

1. (Rav Nachman citing Shmuel): Orphans that come to divide their father's property - Beis Din appoints an overseer for them, and they select a nice portion for them; when the orphans grow up, they can demand a new division;
2. (Rav Nachman himself): They cannot demand a new division - if they could, Beis Din has no clout!

(g) Answer: Rav Nachman is only concerned for the clout of Beis Din when they did not err.
(h) Question: If they did not err - why should the orphans be able to demand a new division?
(i) Answer: The orphan received a portion of the property which is unfavorably located for him.
(j) Version #1 (Rav Dimi): There was a case, and Rebbi ruled as Chachamim.

1. R. Parta: If so, Beis Din has no clout!
2. Rebbi reversed his ruling.

(k) Version #2 (Rav Safra): There was a case, and Rebbi was about to rule as Chachamim.

1. R. Parta: If so, Beis Din has no clout!
2. Rebbi ruled as R. Shimon Ben Gamliel.

(l) Suggestion: Rav Dimi holds, one who makes a clear error in judgment, the ruling is retracted; Rav Safra holds, one who makes a clear error in judgment, the ruling is not retracted.
(m) Rejection: No, all hold, the ruling is retracted - they merely argue on what occurred.
(n) (Rav Yosef): When a widow sells property, the orphans must give compensation if the buyer loses the land; the same applies when Beis Din sells property.
(o) Objection: This is obvious!
(p) Answer: The case of the widow is obvious, but the case of Beis Din must be taught.

1. One might have thought, one who buys from Beis Din assumes that there has been enough publicity (if the land is not theirs, or stands to pay a debt, this would become known), and buys without any rights to compensation - we hear, this is not so.

(q) (Mishnah): R. Shimon Ben Gamliel says ...
(r) Question: Up to how much of a mistake does the sale stand?
(s) Answer (Rav Huna Bar Yehudah): Up to half the value.

1. Support (Beraisa - R. Shimon Ben Gamliel): Beis Din sold a field worth 200 for 100, or worth 100 for 200, the sale stands.

(a) (Ameimar): If Beis Din sold without announcing that the property is for sale, this is like a clear mistake, and the sale is invalid.
(b) Objection: This is not just like a clear mistake - it is a clear mistake!

1. (Mishnah): The auction of the property of orphans is 30 days; the auction of Hekdesh property is 60 days; announcements are made morning and evening.

(c) Answer: One could have understood, that Mishnah only deals with an agent that sells, but Beis Din does not need to announce - we hear, this is not so.
(d) Question (Rav Ashi): An assessment of Beis Din which was 1/6 too little or too much - the sale is invalid.

1. If the property was sold for the correct price, the sale would stand.
2. Suggestion: The case is, no announcement was made.
3. Rejection: No, the property was auctioned.
4. Objection: Since the end of the Mishnah is a case where it was announced, the beginning of the Mishnah is a case when it was not announced!

i. (Mishnah): If a letter of investigation was done, even if they sold a field worth 100 for 200, or worth 200 for 100, the sale stands.

(e) Answer #1: Really, no announcement was made. The beginning of the Mishnah deals with property which is not auctioned; the end of the Mishnah deals with property which is auctioned.

1. The following are not auctioned: slaves, Metaltelim, and documents.

i. Slaves are not auctioned, lest they run away; Metaltelim and documents are not auctioned, lest people steal them.

(f) Answer #2: The beginning of the Mishnah deals with a time when property is not auctioned; the end of the Mishnah deals with a time when it is auctioned.

1. (Nehardai): We do not auction to pay for head-tax, food or burial.

(g) Answer #3: The beginning of the Mishnah deals with a place where property is not auctioned; the end of the Mishnah deals with a place where it is auctioned.

1. (Rav Nachman): Property was never auctioned in Nehardai.
2. Suggestion: This is because they were expert assessors.
3. Rejection (Rav Yosef Bar Minyomi): No - Rav Nachman explained, because people that bought auctioned property were scorned (for capitalizing on the plight of orphans).

(h) (Rav Yehudah): Metaltelim of orphans - we assess it and sell it immediately.
(i) (Rav Chisda): We (wait to) sell it in the markets.

1. They do not argue - we only wait if the market day is coming soon.

(j) Rav Kahana had beer of an orphan; he waited to sell it until the festival.

1. Even though it was close to turning vinegary - it is better to sell at the festival, when people pay cash (as opposed to credit).

(k) Ravina had wine of an orphan; he was taking his own wine abroad.
(l) Question (Ravina): May I take the orphan's wine also?
(m) Answer (Rav Ashi): Yes - you needn't be more careful with it than with your own.

(a) (Mishnah): A girl that does Mi'un, a Sheniyah (a relative forbidden mid'Rabanan), or an Ailonis does not get a Kesuvah, nor fruits, nor food, nor remnants (or depreciation of) her property;
(b) If he married her knowing she was an Ailonis, she receives a Kesuvah;
(c) A widow married to a Kohen Gadol, a divorcee or Chalutzah to a regular Kohen, a Mamzeres or Nesinah to a Yisrael, a Bas Yisrael to a Nasin or Mamzer, she has a Kesuvah.
(d) (Gemara - Rav): The text of the Mishnah says, a minor (that is married mid'Rabanan) that receives a Get has no Kesuvah - all the more so, if she does Mi'un, she has no Kesuvah.
(e) (Shmuel): The Mishnah says, one that does Mi'un has no Kesuvah - but if she gets a Get, she gets a Kesuvah.

1. This is as Shmuel taught elsewhere.
2. (Shmuel): A girl that does Mi'un gets no Kesuvah; a minor (that is married mid'Rabanan) that gets a Get, receives a Kesuvah;
3. If she does Mi'un, she is not disqualified from marrying the brothers or a Kohen; if she gets a Get, she is disqualified from marrying the brothers or a Kohen.
4. If she does Mi'un, she does not have to wait 3 months before remarrying; if she gets must wait 3 months before remarrying.