תלמוד על בבא בתרא 7:1

HALAKHAH: “I am selling you a bet kor of dust,” etc. Here, you say that “he has received it.” But there, you say that “not only the quarter [qab] he has to return but all the excess”²¹In Mishnah 2 it is stated that if the deviation of the delivered real estate from the contracted amount be less than 1/24, the contract was validly satisfied. But in Mishnah 3 it is stated that if the difference was more than 1/24, the entire excess beyond the contracted amount must be restituted, not only the excess beyond 104.167% over the contracted amount.? They said, since you exclude him from the rule of “less²²Short for “more or less than ..”. than measured by the surveyor’s measuring tape” you return him to the rules of “by the surveyor’s measuring tape.”

HALAKHAH: “He who leases a dwelling to another person,” etc. Why? If he came to claim at the end of the month, can he collect everything⁴⁴Since the tenant is already living in the house, the landlord is the claimant and on him is the burden of proof that the contract was written as a monthly lease.? And if he came to him at the beginning of the month, he can tell him, get out⁴⁵The tenant claims that he has the right to live there rent free; the burden of proof is on him. The restrictions on evictions spelled out in Mishnah 8 only apply to tenants who are not in arrears with their payments.. Samuel says, the Mishnah is so: If he came to claim in the middle of the month⁴⁶This is a case of “money in doubt”; Babli 102b.. Rav said, a rule to collect⁴⁷He disagrees with the Mishnah and would have ruled for the landlord; Babli 102b. דָגַר is short for דְאָגַר; E reads here: דִּינָא דְגָרְדֵיי דָנוּ “they gave a judgment of weavers”. The text of L seems preferable.. Rebbi La said, this clearly does not follow the rule of Ben Nannas who said, the later language supersedes the earlier one⁴⁸In Mishnah Bava batra 7:4. Since months are mentioned last, the lease is per month only and every month is payable. This is Rav’s reason in the Babli..