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Ketubot, Daf Tzadi Het, Part 5
Reading for Thursday, March 16
Today’s sugya continues to try to answer the question that began yesterday’s section—if the agent sold more than he was told to sell is the sale valid?
ת”ש: היתה כתובתה מנה, ומכרה שוה מנה ודינר במנה – מכרה בטל; מאי לאו דזבין שוה מנה ודינר במנה ודינר, ומאי במנה? מנה שלה, ומאי אפי’? אפי’ היא אומרת אחזיר את הדינר ליורשים בדינר מקרקעי, וקתני: מכרה בטל!
Come and hear: If her ketubah was one maneh, and she sold [land] worth a maneh and a denar for one maneh, her sale is void. Does not [this mean] that she sold [land that was] worth a maneh and a denar for a maneh, and what does it mean “for a maneh” the maneh that was due to her, and by even, it means even though she said, I will return the denar to the heirs [by repurchasing for them] land of the value of a denar’? And was it not nevertheless stated, her sale is void?
In the case in the mishnah, the woman is like the agent and the heirs are like the sender. They send her to sell a hundred zuz worth of land, and she sells 101 zuz worth of land, and actually receives 101 zuz. Even if she promises to give back the extra denar to the heirs, the sale is invalid. This would seem to prove that if the agent does not follow the sender’s precise instructions, the sale is invalid.
אמר רב הונא בריה דרב נתן: לא, בדאוזיל.
Huna the son of R. Natan said: No, [this is a case] where [she sold] at the lower price.
Huna says that this is not a case where she sells more land than she was supposed to. Rather, she sold the 101 denars worth of land but only received 100 in return. This is not a case where she simply sold too much. The problem is that she sold for the wrong price and that is why the sale is annulled.