Daf Hashavua Iyun Sugya Kesuvos 98 The Rosh M'Shantz on the Difference Between Teruma and a Sale

okay friends a sh like this about 10 lines from the top let's say you tell you say buy me a half an acre and he buys a whole acre you say buy a half a car and he buys a car the question is my do we say he's adding what you said you said buy a half a car so he bought a car so but at least he got half of it right so he did what you wanted and then beyond that beyond that he's doing his own thing but at least for the first half he's doing what you want and the first half should stand or do we say listen he's not listening to you he's doing his own agenda and even regarding buying a half a and regarding the half AE it's also he's not kind rash says you say to him buy me a half a carash says says the case say you say sell half AE so the case is you say sell half a core and the guy sells a whole core so do we say he's adding to what you did the buyer is a half a car and on half a the wants to retract he can't or do we say no the whole thing is null and void he's m al M alav now what would be what would you say the would be if the Bal said not just sell half a car he said sell half a car and you better not sell anything more and the guy sells a whole car it's no good is do we say well at least he did he got half of what you wanted right so regarding that it's valid it's only on beyond that it's not good so says no Then clearly he violated the so then the question is well why would you have to say don't sell more than a half a core you said sell a half a core I mean how much clearer do you need to be so you know why exactly is it potentially okay if you didn't say the words and don't sell and Iota more so it seems like then we could say if you don't say and don't sell an Iota more maybe you're not mid why why would you not be mid because I'm not losing out if I don't like the additional amount that you sold I'll just retract it so that's in that in this context I want want to share with you what rer says because in the says shash is one of the perim on mishna if I'm not mistaken the rash was a student of Rashi and today's rashi's yard site so that's not badas tamas the rash um let's see now the rash is rinu shimin of the rash is R of he's a student of the he wrote a when in ch quotes the rashba it's Ru shim the parish on so he's a t of the reak there's another individual rabu shim who's a student of Rashi but this is ruim student ofak okay question is what does he say he says as follows he he says why by truma if you send the to take off Trum if the is on what says the in other words if the if we'll see we see we saw if the M didn't give any instructions theak has to assume he's a Banus and we give wiggle room that he could do 10% more but what if he did give instructions and and the violated it then the whole thing's off so why is it that if if you give instructions to sell land and the is violates the terms in other words says sell a half an acre so if you sell a whole acre why don't we say the same thing by Trum let's say you tell give 150th if he gives 140th all bets are off the whole thing is off why don't we say there also that's the Kasha of the rash in Trum Mish you hear the Kasha what's the over here that we don't say by truma anybody see in the rash where this is quoted I don't have the rash in front of me I texted R what ah let's see oh y was sent it okay [Music] the there says um [Music] let's [Music] see okay I I think it might be on the next page so basically the rashan says as follows he says that by [Music] truma if you if the is on the the whole is why because by sales the m is not M why cuz he doesn't lose out see by truma I guess there's no recourse for the M because if he's not happy he can't get it back so then he's M by a sale if he's not happy with it he could say look I never appointed you for that and he could B it get it back so what do we see from here that the of is that the is not on the on what the does because the is not I don't see where the the uh the rash Mish is saying this maybe it's on the next page I don't see it um uh yeah on the second page thank you he says like this so in other words what's the gar whether you're or you're why don't we prove from this Mish inum right because the says like this the says for sure that if to do more than the Bal wanted then it's not effective the is off we don't say that in other words by in aramar there's a there's a side ofar says that it is effective it's just the additional is not effective and yet by truma we say that if you're then it's totally not effective right that's the Kasha of the rash it should be truma and the Miss says it's not truma at all to which the rash says the sh there's a so here the stands to lose so if he stands to lose the is buy a sale the doesn't stand to lose so the idea of is that the that that is not it's a lack of so in other words when the says that if the says explicitly you better not sell more than I tell you so obviously he is M but if he doesn't specify that then you could argue that maybe he's not M why because hiid by truma where he's hiid then potentially then you could say he's mid on that he's mck because of the came by a sale where he has recourse then you could say and therefore okay so that's reab kager's referring us to this rash on the mishna inum being between a sale and truma again it's specifically a question where the mishna says where the was meaning there's no question in our case the was right definitely is to add to what the told him okay so that's something for recing