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Avodah Zarah, Daf Ayin Bet, Part 2
Reading for Monday, October 29
Avodah Zarah 72-2
Another discussion about the rights to retract a sale.
ההוא גברא דאמר ליה לחבריה אי מזביננא לה להא ארעא מזביננא לך במאה זוזי
אזל זבנה לאיניש אחרינא במאה ועשרין
אמר רב כהנא קנה קמא
מתקיף לה רב יעקב מנהר פקוד האי זוזי אנסוהו והלכתא כרב יעקב מנהר פקוד
A man once said to his fellow, “If I sell this piece of land I will sell it to you for a hundred zuz.” He later sold it to another for a hundred and twenty.
Kahana said: The first man acquired it.
Rav Ya’akov of Nehar-Pekod objected: These zuz compelled him [to sell to the second person].
The halakhah agrees with R. Jacob of Nehar-pekod.
According to R. Kahana, since they set a price, the first person acquired the land and the sale to the second is not valid. R. Ya’akov looks at this case in a different way—the higher price may have “forced” the owner to sell the land. Had the second person not offered the extra twenty zuz, perhaps he would not have sold it at all. Therefore, the second sale is valid. And this is the halakhah. Until the money is transferred, the sale is not final.
א”ל כדשיימי בתלתא אפילו תרי מגו תלתא כדאמרי בתלתא עד דאמרי בתלתא
If [the seller] said to [the purchaser], “When the article has been valued by three people [we will settle the price accordingly],” even if two of the three agree [on the price, it must be accepted];
But if he said, “As three will say [the price],” then [the sale is not valid] until all three agree on the price.
If the seller says that he will sell the article after it is “evaluated” by three, then he has set them up as a court and he must accept the decision of even two. But if he says that the three will “say” the price, then they are just three people and all three must agree for the price to be final.
כדשיימי בארבעה עד דאמרי בארבעה וכ”ש היכא דא”ל כדאמרי בארבעה
If he said, “When it has been valued by four people” then there must be four who agree on the price; all the more so if he said, “As four will say [the price].”
A court consists of three, not four. So in either case, the price must be set by all four.
א”ל כדשיימי בתלתא ואתו תלתא ושמוה וא”ל אידך ליתו תלתא אחריני דקים להו טפי
אמר רב פפא דינא הוא דמעכב
If he said to him, “When the article has been valued by three people” and three men came and valued it, and then the other said, “Let three different people come who are more qualified,” R. Papa said: He has the right to prevent the sale.
The buyer has a right to reject the evaluation based on the grounds that the second group is more qualified.
מתקיף לה רב הונא בריה דרב יהושע ממאי דהני קים להו טפי דלמא הני קים להו טפי והלכתא כרב הונא בריה דרב יהושע:
Huna the son of R. Joshua raised a difficulty: How can we know that these are more qualified; perhaps the first three were better qualified!
The halakhah agrees with R. Huna the son of R. Joshua.
Huna son of R. Joshua points out that there is no objective way of knowing if the second group would be more qualified than the first. Therefore, the evaluation of the first group stands. And the halakhah follows his opinion.