Commentary for Bava Batra 13:14

But cannot he say, 'At first you let me have a verandah as my share, now you are only letting me have a dark room'? — R. Shimi b. Ashi said: He let him have something which happened to be called so. Has it not been taught: 'If a man says, I sell you a beth <i>kor</i> of ground,<span class="x" onmousemove="('comment',' I.e., a piece of ground large enough for the sowing of a kor of seed. A kor = 30 se'ah, and a beth kor (lit.. 'house of a kor') = 75,000 sq. cubits. ');">¹³</span> even if it subsequently prove to be only a lethek<span class="x" onmousemove="('comment',' Half a kor. ');">¹⁴</span> the sale is valid, since he sold him only something designated a beth <i>kor</i>, provided always that the land in question is commonly called a beth <i>kor</i>. [If a man says], I sell you an orchard, even though there are no pomegranates in it, the sale is valid, since he only sold him something designated so, provided the place is commonly called an orchard. [If a man says], I sell you a vineyard, even if there are no vines in it the sale is valid, since he only sold him something designated so, provided always that the place is commonly called a vineyard'?<span class="x" onmousemove="('comment',' B.M. 104a. ');">¹⁵</span> — Are the cases parallel? There the vendor can say to the purchaser, I sold you [something called by] a certain name; here the one who obtains the verandah can say, I only took this as my share on condition that I should be able to live in it as our father lived.<span class="x" onmousemove="('comment',' And therefore it must not be interfered with, even at the cost of restricting the other's building rights. ');">¹⁶</span>

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