1)

FOLLOWING THE ROV IN MONETARY MATTERS

(a)

(Mishnah): If Reuven bought Shimon's Peros and planted them, and they did not grow, even if he bought flax seeds, Shimon is exempt;

(b)

R. Shimon ben Gamliel says, if he bought seeds that are not (normally) eaten, Shimon is liable.

(c)

(Gemara - Rav): If Reuven sold an ox to Shimon, and it was found to be a gorer, it is a Mekach Ta'os (a mistaken sale; it is void).

(d)

(Shmuel): Reuven can say 'I sold it to you for slaughter' (the sale is valid).

(e)

Question: Let us see whether Shimon buys oxen for plowing or for slaughter!

(f)

(g)

Question: Let us see whether he paid the price of a plowing ox or an ox for slaughter!

(h)

Answer: The case is, the price is the same for both.

(i)

Question: If so, what difference does it make whether or not the sale is valid?

(j)

Answer: If it is valid, Shimon must toil to sell it. If it is invalid, he can demand that Reuven refund the money.

92b----------------------------------------92b

(k)

Question: If Reuven has no money to repay Shimon what he owes, he may give to him the ox!

(l)

Answer: The case is, Reuven has other money;

1.

Rav says the sale is invalid. We follow the Rov (majority), and most people buy oxen for plowing;

2..

Shmuel says, he can say 'I sold it to you for slaughter.' We follow the Rov for Isurim, but not in monetary matters.

(m)

Question (against Rav - Mishnah): If Leah was widowed or divorced, and she claims that she was a virgin when she married Reuven (so her Kesuvah is 200 Zuz), and he (or his heirs) claim that she was not (so her Kesuvah is 100):

1.

If witnesses testify that (at the wedding) she had a Hinuma (a canopy of myrtle, or a veil over her eyes), or her hair was uncovered (the custom of virgin brides) she collects 200.

2.

Inference: If she does not have witnesses, she only gets 100.

3.

Summation of question: We should follow the Rov! Most women are virgins when they marry.

(n)

Answer (Ravina): Most women are virgins when married, but a minority are not. Every virgin who marries has a Kol (people remember it);

1.

Since Leah has no Kol, this weakens the Rov (so we do not follow it).

(o)

Objection: If every virgin has a Kol, and Leah has no Kol, we should not believe witnesses. Surely they are lying!

(p)

Correction: Rather, most virgins who marry have a Kol. Since Leah has no Kol, this weakens the Rov.

(q)

Question (Beraisa): If Levi sold a slave to Yehudah, and the slave was found to be a thief or Kuvyustus (Tosfos - diceplayer; Rashi - kidnapper), the sale stands;

1.

If he was found to be an armed robber or sentenced (by the kingdom) to die, the sale is invalid;

2.

Suggestion: In the Reisha, the sale stands because most slaves are thieves or Kuvyustus. (This shows that we follow the Rov with regard to monetary matters).

i.

Note: If a buyer asked Stam for an item, all agree that the seller may give to him from the majority! Here is not like Stam. Even if the buyer does not specify, all know that he does not want a thief. However, if we follow the majority, and he asks Stam, he accepts that the seller may give to him from the majority.

(r)

Answer: No, all slaves are [thieves or Kuvyustus]..

1.

Note: We need not say that literally every slave is so. Rather, it is such a strong majority that a righteous slave is not called a Stam slave, so all agree that the buyer has no claim to say that he wanted a righteous slave.