פירוש על בבא קמא 28:9
Tosafot on Bava Kamma
Something that is worth any [amount of] money. The Mishna refers to land as ‘[something] worth money’, because any parcel of land is worth any amount of money. The Gemara explains that the laws of price fraud do not apply to land and no matter how much one overcharges the sale is valid. Land is therefore referred to as something that is worth any amount of money. Tosafot says that this statement is not to be taken literally, because there is a point where even a land sale is invalid.
This is imprecise,1See G’ro who quotes the Rambam and Rif as disagreeing with Tosafot. for if the difference is greater than a half, i.e. the seller charged two hundred one dollars for land that is worth one hundred, there is price fraud as can be understood in Perek HaZohov (Bava Metzia 57a).2The Gemara there does say that at some point the sale is invalidated. See Tosafot there ד"ה אמר, who quotes Rav Nachman on Bava Metzia 108a, as saying that even if land worth one hundred was sold for two hundred the sale is valid. Rabbeinu Tam reconciles the two Gemaras by saying that 57a, is telling us that there is a point where the sale is invalidated, while 108a is telling us that the point is when one charges two hundred one for land worth one hundred. See previous note. Rambam learns that there is in fact a disagreement between the two Gemaras. 57a holds that the sale is invalidated, whereas Rav Nachman on 108a holds that a sale of land is never invalidated. The Rambam and Rif adopt Rav Nachman’s ruling as halochoh. Our Gemara which says that land is worth any amount of money is cited as proof to Rambam. When taken at face value, this Gemara is saying that there is no limit to the amount that one can overcharge for land. See Shulchon Oruch C.M. 227, 29, Be’ur HaG’ro 39, 40.
Rather, the meaning is that land is worth so much more money than movable objects. For movable objects the sale is invalidated if the seller overcharged more than a sixth, whereas for land the sale is invalidated only if he overcharged more than a half.
This is imprecise,1See G’ro who quotes the Rambam and Rif as disagreeing with Tosafot. for if the difference is greater than a half, i.e. the seller charged two hundred one dollars for land that is worth one hundred, there is price fraud as can be understood in Perek HaZohov (Bava Metzia 57a).2The Gemara there does say that at some point the sale is invalidated. See Tosafot there ד"ה אמר, who quotes Rav Nachman on Bava Metzia 108a, as saying that even if land worth one hundred was sold for two hundred the sale is valid. Rabbeinu Tam reconciles the two Gemaras by saying that 57a, is telling us that there is a point where the sale is invalidated, while 108a is telling us that the point is when one charges two hundred one for land worth one hundred. See previous note. Rambam learns that there is in fact a disagreement between the two Gemaras. 57a holds that the sale is invalidated, whereas Rav Nachman on 108a holds that a sale of land is never invalidated. The Rambam and Rif adopt Rav Nachman’s ruling as halochoh. Our Gemara which says that land is worth any amount of money is cited as proof to Rambam. When taken at face value, this Gemara is saying that there is no limit to the amount that one can overcharge for land. See Shulchon Oruch C.M. 227, 29, Be’ur HaG’ro 39, 40.
Rather, the meaning is that land is worth so much more money than movable objects. For movable objects the sale is invalidated if the seller overcharged more than a sixth, whereas for land the sale is invalidated only if he overcharged more than a half.
Ask RabbiBookmarkShareCopy