Here, we’ll talk about what happens when the seller makes two statements about the field that contradict each other. What do we do? The Mishnah says that the seller says, “I’m selling you a Beit kor as measured by the line.” That implies that it has to be an exact Beit kor, as we mentioned previously in the perek (chapter). When he says, “By the line,” it means that it is going to be exactly the amount of a Beit kor. But then he says, “A little bit less, a little bit more,” which implies the opposite: that it is not going to be exact. It is not going to be exactly 180 kav (a measure of volume), but it could be a little bit more or a little bit less. So which part of the statement do we accept? We say that the second statement—that it could be a little bit less or a little bit more—cancels out the first statement, which was that it was measured by the line. So if there was a seven-and-a-half-kav discrepancy per Beit kor, we say that it’s okay. Whether there is more or less, it is accepted by the buyer, as we mentioned in the last Mishnah. So the second statement is kept, and it nullifies the first statement.
If the seller made the statements in reverse, saying, “I’m selling you a Beit kor, a bit less or a bit more,” and then, “As measured by the line,” the inference is the opposite. We say that the second statement, “as measured by the line,” which means it is going to be exactly a 180-kav Beit kor, cancels out the first statement, which allowed for a little bit less or a little bit more. So there is no discrepancy at all in this situation. It has to be an exact Beit kor in this case. What we’re doing is following the last statement that was made. The last part of the statement is the ikar (important and valid one), and the earlier statement is considered revoked. Divrei Ben Nanas is the opinion of Ben Nanas. When somebody makes two contradictory statements, one after the other, we assume that the second one, the latter one, is the important and valid one that we keep, that we hold on to. The earlier statement is dismissed.
How? Hachamim (the Sages) disagree with Ben Nanas’s understanding. They say that we have a really confusing situation: we can’t know which of these statements the seller wanted, which one stands and which one is dismissed. Therefore, Hachamim say that we basically accept whichever situation is better for the seller. If the land was more than 180 kav, we say that it goes back to the seller, because he really meant the chevel (line); he really meant that it was going to be according to the line. If there was less than 180 kav in this situation, then we say, “Ah, the seller meant,” because now the seller gets away with giving away less than 180 kav. That is the opinion of Hachamim. They argue against Ben Nanas.
A third case is where the discrepancy is bigger than seven and a half kav per Beit kor. The seller said, “I’m selling you this Beit kor that’s within these markings and boundaries.” He specifies exactly what the land is. Then the halacha (Jewish law) is that even if the field within the boundaries the seller was giving up was one-sixth less than a Beit kor, the buyer would not receive any refund. The buyer keeps the field as it is and would not receive any refund whatsoever. The seller’s statement was clearly “as is.” He was selling whatever was within that boundary, and the sale stands even if the field was smaller than a Beit kor. Ad shetut (up to one-sixth) did not care, but if the field was missing more than one-sixth of the area, then the buyer could say, “This is not what I signed up for.” So he could deduct the amount of area that’s missing from the purchase price. If the field was also one-sixth bigger than a Beit kor, then the buyer would keep the extra land. But if it was more than one-sixth larger than a Beit kor, then the buyer has to return all of the land. Even though the seller did say that he was selling him everything within the boundaries, he also did mention that he was selling him a Beit kor. And it is obviously much bigger than a Beit kor. Therefore, it is returned to the seller.