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1. We do not make a person liable for damages based on circumstantial evidence.
2. Rebbi Acha argues that sometimes a person is liable for damages based on circumstantial evidence.
3. The Gemara discusses what one must pay if he is found to have sold bad seed.
4. The Gemara suggests that the entire Mishnah is the opinion of Raban Shimon ben Gamliel.
5. The Mishnah discusses how many bad fruits are acceptable in the sale of a large amount of fruits.
A BIT MORE
1. If an ox is known to gore other oxen, and we find it standing next to another ox that has been gored but nobody saw it being gored, we cannot make the owner of the ox that is known to gore pay for the damages.
2. He therefore rules that if a certain camel is acting wildly, and we then see a dead camel next to it, we may assume that his camel killed it (and its owner must pay the owner of the dead camel for the damage).
3. One opinion is that he reimburses the buyer for the value of the seed. Others say that he also pays him for having to hire workers to plow his field in vain. (Rashbam: This seems to be a fine for selling bad merchandise.)
4. This would mean that the Mishnah reads, "If someone sold fruit seeds to his friend, and he planted them but they did not grow, even if he planted flax he is not liable. These are the words of Raban Shimon ben Gamliel, as he says that [only] if one sold 'garden seeds' (i.e., seeds that are clearly only for planting and not for eating) he is liable."
5. For example, it is acceptable for the buyer to find up to 10 wormy figs in a sale of 100 figs, as there are often worms in figs and the buyer accepted that when he agreed to the sale.
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