Bava Basra 5:6 - 5:7

ד' מידות – laws divided one from the other.

מכר לו חטים יפות – he made a stipulation with him that he should give him nice wheat and they were found to be bad. It is like overreaching/אונאה ; therefore, he (i.e., the buyer) can retract – whomever feels imposed upon/one’s self overreached alone, which is the purchaser, but the seller is not able to retract, and even if the wheat increased greatly in value.

אין אחד מהן יכול לחזור בו – even if they increased in value or became cheaper, for the purchaser is not able to say: “I intended for the beautiful ones, and this one who might say they are bad, because the purchaser tells him: “what is bad is bad.” And similarly, the opposite, that the seller is not able to state that I intended for the bad ones. And this one that I might say are good, it is the manner of the seller to state the bad ones become good ones.

שחמתית – reddish (Genesis 30:35): “and all the dark-colored [sheep], which we translate in Aramaic as שחום/dark, black (or brown).

ונמצאת לבנה – there are those for whom it is pleasant with this, and there are those for whom it is pleasant with that. But in this manner, it is an errant transaction for both of them, and both of them can retract, for if it was supposed to “nice ones,” and it turned out to be “bad ones,’ everyone enjoys “good ones.”

יין ונמצא חומץ – there are those who are pleased with wine, and there are those who are pleased with vinegar.

משך – from the public domain in a recess adjoining an open place to which merchants retire to transact business/market-stand under a colonnade or in a courtyard of both of them, he has acquired it. But taking possession by drawing towards one’s self the object to be acquired in the public domain has no effect.

אע"פ שלא מדד – and such as he case where he fixed a price from the outset for such and then he gives him the measurement, but if he did not fix the price [even though] he measured and drew it towards himself, he did not acquire it, because he did not rely upon the fact that the seller is able to raise the price as he wants and the buyer says: “I won’t purchase it other than at a cheap price.”

מדד – the seller to the purchaser in the public domain, even in the utensils of the purchaser, he did not acquire it, for the utensils of a person do not purchase things for him in the public domain, but if the purchaser himself measured it, even in the public domain, he acquired it through lifting it up.

אם היה פקח – the purchaser.

שוכר את מקומו – if he is in the domain of the owners, and hs place acquires for him. And we are speaking about large burdens where it was not the manner to lift it up, therefore, he acquires it through pulling it.

עד שיטלטלנו – that is through lifting, and it (i.e, the Mishnah) took the way of things – that the way of lifting to carry from one place to another place.

אם היה מחובר לקרקע – In the Gemara (Tractate Bava Batra 87a and see Rashi’s explanation and the reference to Tractate Bava Batra 54a) it is established it as in the case where the seller says to the purchaser: “go and take possession of a small piece of the land and you will acquire everything that is upon it,” for since he had been hired to do work on his (i.e., the owner’s) land, and worked on it a little bit, his being hired acquired it for him, and he acquired also that thing which he had wanted to acquire for himself with his being hired. Therefore, if he tore out a little bit, he acquired/bought it.