Avodah Zarah

A man once said to his neighbour, 'If I sell this piece of land, I will sell it to you';  but he went and sold it to another person. R. Joseph said: The first one acquired it.  Abaye said to him: But he had not settled the price!  [R. Joseph asked:] And whence do you declare that wherever he had not settled the price he has not acquired it? — [He replied:] As we learn in our Mishnah: IF [AN ISRAELITE] SELLS HIS WINE TO A HEATHEN, SHOULD HE HAVE SETTLED THE PRICE BEFORE HE MEASURED IT OUT, THE PURCHASE-MONEY IS PERMITTED; BUT SHOULD HE HAVE MEASURED IT OUT BEFORE HE SETTLED THE PRICE THE PURCHASE-MONEY IS PROHIBITED. [Now,] how is it then? — [How can you ask,] how is it then? It is as we have stated.  — Perhaps the seriousness of yen nesek makes a difference! — Come and hear: R. Idi b. Abin said: A similar occurrence  came before R. Hisda who referred it to R. Huna. The latter expounded it from the following: For it has been taught: If a man took possession of another's ass-drivers and workmen  and brought them into his own house, whether he settled the price before measuring [the fruits] or measured them without having settled the price, he has not acquired them and both can retract. If, however, he unloaded them and brought them into his house, then should he have settled the price before he measured them neither can retract, and should he have measured them before settling the price both can retract. A man once said to his neighbour, 'If I sell this piece of land I will sell it to you for a hundred zuz.' He later sold it to another for a hundred and twenty. R. Kahana said: The first man acquired it. Rab Jacob of Nehar-pekod objected: As to this man, [it was] those zuz that compelled him.  The legal decision agrees with R. Jacob of Nehar-pekod. If [the seller] said to [the would-be purchaser], 'When the article has been valued by three persons [we will settle the price accordingly],' even if two of the three agree [on the price it must be accepted]; but if he said, 'As three will declare [the price to be],' then there must be three who agree on the price.  If he said, 'When it has been valued by four persons,'  then there must be four who agree on the price; so how much more so if he said to him, 'As four will declare [the price to be].' If he said to him, 'When the article has been valued by three persons' and three men came and valued it, and then the other said, 'Let three different men come who are better qualified,' R. Papa said: He has the right to object.  R. Huna the son of R. Joshua demurred: How can we know that the latter three will be better qualified; perhaps the first three were better qualified!  The legal decision agrees with R. Huna the son of R. Joshua. MISHNAH. IF [AN ISRAELITE] TOOK THE FUNNEL AND MEASURED [WINE] INTO A HEATHEN'S FLASK AND THEN MEASURED SOME INTO AN ISRAELITE'S FLASK, SHOULD A DROP OF THE [FIRST] WINE HAVE REMAINED [IN THE FUNNEL], THEN [THE WINE MEASURED INTO THE SECOND FLASK] IS PROHIBITED. IF HE POURED FROM [HIS OWN] VESSEL INTO [A HEATHEN'S] VESSEL, [THE WINE IN THE VESSEL] FROM WHICH HE POURED IS PERMITTED AND [THE WINE IN THE VESSEL] INTO WHICH HE POURED IS PROHIBITED. GEMARA. We have learnt elsewhere: An outflow, a downward stream of water and dripping liquid do not form a connecting link to communicate either defilement or purification,  but a pool of water is a connecting link to communicate both defilement and purification.  R. Huna said: An outflow, a downward stream of water and dripping liquid form a connecting link in connection with yen nesek.  R. Nahman asked R. Huna: Whence have you this? If from [the Mishnah] which we learnt: An outflow, a downward stream of water and dripping liquid do not form a connecting link to communicate either defilement or purification, [and you argue that] it is only in connection with defilement and purification that it does not form a link but it does in connection with yen nesek; in that case I cite the continuation, viz., but a pool of water is a connecting link to communicate both defilement and purification, [and you must by analogy deduce that] it is only in connection with defilement and purification that it does form a link but it does not in connection with yen nesek! So there is no inference to be drawn from this extract. We learnt: IF [AN ISRAELITE] TOOK THE FUNNEL AND MEASURED [WINE] INTO A HEATHEN'S FLASK AND THEN MEASURED SOME INTO AN ISRAELITE'S FLASK,