Tosefta for Bava Batra 213:1
התם עבוד רבנן מילתא דניחא ליה למוכר וניחא ליה ללוקח
— There,<span class="x" onmousemove="('comment',' The case spoken of by Rab and Samuel. ');"><sup>1</sup></span> the Rabbis have made a provision which is convenient for the seller<span class="x" onmousemove="('comment',' He prefers the transaction to be regarded as incomplete until the last se'ah is measured out, in order that he might withdraw from the sale at the last minute in case prices rise. ');"><sup>2</sup></span>
Tosefta Ketubot
Three people that came down to evaluate [the property of orphans in order to ascertain the financial support for the dead man's wife and children; see Rashbam on Bava Batra 107a:7:1]—one says "It's worth 100 zuz" and two say "200"; [or] one says "200" and two say "100", the lone voice is annulled in its minority [so in both cases the majority stands]. One says "It's worth 100 zuz", one says "80 zuz (= 20 selaim)", one says "120 zuz (= 30 selaim)"—it is evaluated at 100 zuz (the average of all 3). Rabbi Lazar bar Rabbi Tzadok says: They evaluate it at 90 zuz (= dinar) [we ignore the highest value and average the two lowest value, 80 and 100]. Others say: They do an evaluation between them (take the range, = 40 zuzim) and evaluate them as a third [so they take the lowest value, 80 zuz, and add the third of the range = 93 1/3 zuz].
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