Mechirah - Chapter Twenty One

The following rules apply when a person transfers a non-specific entity to a colleague. If the species being sold is known, even though its measure, its weight and its number are not known, the transaction is binding. If the species is not known, the transaction is not binding.

What is implied? If a person tells a colleague: "I am selling you this heap of wheat for this and this amount," "I am selling you this cellar of wine for this and this amount," or "I am selling you this bag of figs for this and this amount," the sale is binding, even though the measure of the grain heap, the weight of the figs and the number of containers of wine is unknown.

These principles apply even if the quantity is greater or less than the estimation of the seller or the purchaser. The laws of ona'ah apply, and the purchase price is compared to the market price, as explained.

If, however, a person tells a colleague: "I will sell you whatever this house contains for this and this amount," "...whatever this chest contains,..." or "whatever this sack contains for this and this amount," the purchaser agrees and performs meshichah, the transaction is not binding. For the purchaser did not make a binding commitment, since he does not know what the receptacle contains, whether straw or gold. This is no more than gambling. The same applies in all analogous situations.

Similarly, if a person tells a colleague that he is selling him wheat for ten dinarim, but does not stipulate how many se'ah he is selling him, he must give him an amount of wheat equivalent to the market price at the time of the sale. Should either of the parties retract after the money has been paid, because they do not agree to the market price at the time of the sale, that party must receive the adjuration mi shepara, as explained.

When a person sells property to a colleague to build a house or a barn for cattle, he should give him a place four cubits by six cubits. Similarly, when a person agrees to build a wedding home for a colleague's son or a home for a widowed daughter he should build a home of this size.

If he sells him property to build a large house, he should give him a space eight cubits by ten cubits. If he sells him a place for a reception hall, he should give him a space ten cubits by ten cubits. A place for a garden of a courtyard is twelve cubits by twelve cubits.

The height of a structure is half of its combined length and width.

Similarly, when a person sells a property to a colleague for a family burial plot or if a person agrees to prepare a burial plot for a person, he should build a crypt beneath the earth and prepare for eight graves, three on one side, three on the other side and two opposite the entrance to the crypt.

The measure of the crypt should be four cubits by six cubits, and each grave should be four cubits long, six handbreadths wide and seven handbreadths deep. Thus, there should be a cubit and a half between each of the graves on the sides and two cubits between the graves opposite the entrance.

When a person sells a colleague a place in his own field to make an irrigation ditch to water a parched field, he must give him a ditch two cubits wide, with a cubit on each side for its banks.

If he sells him a place for an irrigation ditch that uses a pipe, he must give him a ditch that is a cubit wide, with half a cubit on each side for its banks.

The seller may plant trees on this land at the banks of the ditch, but he may not sow grain there, for grain weakens the land and damages the irrigation ditch. Should this land at the banks of the ditch become washed away, the purchaser may replace it by taking from the earth in that field. For the seller's acceptance of the fact that an irrigation ditch will pass through his field is conditional to this stipulation.

The following rules apply when a person sells a colleague a path in his field. If he sells him a path for one person, is he must give him a path two and a half cubits wide, so that a donkey and its burden can pass on the path.

If he sells him a path that leads from one city to another, he must give him a path that is eight cubits wide. If he sells him a path for use as a public thoroughfare, he should give him a path that is sixteen cubits wide.

A path for a king and a path to a grave have no limits. It appears to me that this is considered as if one sells an object whose species is not identified, in which instance the transaction is not binding.

If a person sells a colleague a place for relatives to stand and eulogize a person who has passed away,he must give him a place large enough to sow four kabbim of grain.

When a person tells a colleague: "I am selling you a cistern and its walls," he must give him a wall three handbreadths wide.

The following rules apply when a person sells a field to a colleague and while defining the boundaries of the field draws one boundary line long and another short. If the field on the boundary line that he drew longer belongs to only one person, the purchaser does not acquire any more land on that side of the field than on the side that he drew short. If the fields on that side belong to two individuals, the purchaser acquires the land as separated by a diagonal.

If the fields on the east and the west belong to Reuven, and those on the north and the south belong to Shimon, when drawing the map, the seller must write "the boundary of Reuven" on two sides and "the boundary of Shimon" on two sides.

If the seller drew three boundary lines, but did not draw the fourth, the purchaser acquires the entire field. With regard to the fourth boundary, however, he does not acquire it.

If the fourth boundary is included within the other boundaries, and it is not designated by a row of palm trees, and it is not large enough for nine kabbim of grain to be sown within, the purchaser also acquires the fourth boundary.

If it is not included within the other boundaries, and it is designated by a row of palm trees, or it is large enough for nine kabbim of grain to be sown within, the purchaser does not acquire the fourth boundary. If it is included within the other boundaries, but it is designated by a row of palm trees, or it is large enough for nine kabbim of grain to be sown within, or it is not included within the other boundaries, but it is not designated by a row of palm trees, nor is it large enough for nine kabbim of grain to be sown within, the matter is entrusted to the court, and they divide it in the manner in which they see fit.

If the seller designates only the corners of the property, without designating the entire boundary line in each direction, or he designates two corners in an L-shape, or he designates certain portions in each direction, the purchaser does not acquire the entire property. Instead, he acquires only the portion the seller transfers to him and the portion granted to him by the judges.

If a person sells a colleague a bayit in a larger building, although he drew for the purchaser the external boundaries of the entire building, and there are some who would call the entire building a bayit, the purchaser acquires only the apartment; he merely made the boundaries appear larger.

Had he sold him the entire building, he would have written in the deed of sale: "I did not retain ownership of anything in this sale."

Similarly, when a person sells a field in a large valley, although he drew him the boundaries of the entire valley, he merely made the boundaries appear larger.

When a person tells a colleague: "I am selling you fields," we interpret his intent to be the very minimum that would justify the use of the plural term: two.

If he tells him: "...all my fields...," then all his fields, even three or four are acquired by the purchaser, with the exception of gardens and orchards. If he tells him: "...my property...," even his gardens and orchards are sold. If he tells him: "...all my property...," everything he owns, even his servants, his buildings, all the movable property that he is known to own, including even the tefillin he wears on his head, are encompassed in the sale.

When a person tells a colleague: "I am selling you one of my homes," or "...one of my oxen," he is required only to give him the smallest one. If one of the oxen dies or one of the homes collapses, the seller may show the purchaser the one that died or collapsed and tell him that it is his, for the claim of the person possessing the deed of sale is considered at a disadvantage.

When a person tells a colleague: "I am selling you a field from the house of Chiyya," and he possesses two fields that are described in this manner, the purchaser acquires only the lesser one. Similar principles apply in all analogous situations.

The purchaser's claim is favored in the following situation: A person tells a colleague: "I am selling you Reuven's field." When the purchaser comes to make use of the field that is popularly known by that name, the seller tells him: "This is not the field that was owned by Reuven. It is only called that by people, but it never belonged to him. This is the field that belonged to Reuven" he says, pointing to another field. "I purchased it from him, and this is the field that I sold to you."

The seller must prove his claim. If he does not prove it, the purchaser acquires the field that is popularly known as belonging to Reuven. Similar principles apply in all analogous situations. We follow the name that is accepted universally.

When a person tells a colleague: "I am selling you half a field," we should evaluate the worth of the entire field, and the seller should give the purchaser a portion worth half the value of the entire field, from its lesser portion.

Similarly, when a person tells a colleague: "I am selling you the southern half of a field," we should evaluate the worth of the entire field, and the seller should give the purchaser a portion worth half the value of the entire field from its southern half.

Implicit in such an agreement is a commitment by the purchaser to make a place for a fence in his portion, including a small trench three handbreadths wide behind the fence, but close to it - and a larger trench, six handbreadths wide, outside the fence - and to leave the width of a handbreadth between the two trenches. All this is necessary to prevent a marten or the like from jumping from one field to the other.

The following rules apply when a person owns half of a field: If he tells a colleague: "I am selling you the half of the field that I own," the purchaser acquires the entire half. If he tells him: "I am selling you half the field that I own," the purchaser acquires only one fourth.

The following rules apply when a seller tells a purchaser: "These are the boundaries of the field from which a portion is divided...," "...is separated...," or"...is apportioned for you."If he tells him: "And these are its boundaries,"the purchaser acquires half. If he does not specify its boundaries, the purchaser acquires merely a portion on which he could sow nine kabbim.