Responsa for Bava Batra 212:2
והתנן פחות משתות הגיעו עד שתות ינכה הני מילי היכא דלא קים ליה בגוה אבל היכא דקים ליה בגוה סבר וקביל
came before Abaye who said unto him, '[Surely] you realized [its size] and accepted.' But did we not learn: THE SALE IS VALID [IF THE DIFFERENCE IS] LESS THAN A SIXTH; [IF IT AMOUNTS] TO A SIXTH, DEDUCTION<span class="x" onmousemove="('comment',' And here, the difference was more than a sixth, 5/20 = 1/4; why, then, was not R. Papa allowed to deduct the difference? ');"><sup>4</sup></span> MUST BE MADE? — This applies only where [the buyer] is not acquainted with the field, but where he is acquainted with it [it is assumed that] he understood [the conditions] and accepted. 'But,' [argued R. Papa.] 'he said to me, twenty!'<span class="x" onmousemove="('comment',' Implying that if found to contain less, the difference would be made good from another field, or a deduction from the price would he allowed. ');"><sup>5</sup></span> — He replied: '[The seller might say that he meant] that the field was as good<span class="x" onmousemove="('comment',' I.e., the fifteen se'ah of that field will produce as much as twenty in an ordinary field. ');"><sup>6</sup></span>
Teshuvot Maharam
A. A is to be given his share of the deposit by the order and supervision of a court; while the other half is to be left, with B, for C.
This Responsum is addressed to Rabbi Menahem haLevi and Rabbi Joseph.
SOURCES: Cr. 43; Am II, 206; Mord. B. M. 283; Tesh. Maim. to Mishpatim, 26.
Teshuvot Maharam
A. The sale of the silver to A is void, since it was made in error. Similarly, the division of the silver among the partners is void, even though made by lot, since that too was made in error. However, B is not required to compensate A for the money he spent in pacifying the merchants, since B did not know, at the time of the sale, that his silver contained base metal. Moreover, even if B knew the contents of his silver, he would still be absolved from paying A the money he had given to the merchants, since he was only an indirect cause of A's loss, though he would be liable to punishment by the Heavenly Court.
SOURCES: P. 48, 49.
Teshuvot Maharam
A. A is to be given his share of the deposit by the order and supervision of a court; while the other half is to be left, with B, for C.
This Responsum is addressed to Rabbi Menahem haLevi and Rabbi Joseph.
SOURCES: Cr. 43; Am II, 206; Mord. B. M. 283; Tesh. Maim. to Mishpatim, 26.