Bava Batra

THE [CONDITION] 'MEASURED BY THE ROPE CANCELS [THAT OF] 'MORE OR LESS; THESE ARE THE WORDS OF BEN NANNUS. GEMARA. R. Abba b. Memel said in the name of Rab: His colleagues are in disagreement  with Ben Nannus. What does this teach us? Surely we have learnt:  It happened at Sepphoris that a person hired a bath house from another for twelve gold [denarii] per annum, one denar per month,  and the matter  was brought before R. Simeon b. Gamaliel and before R. Jose who said that [the rent for] the intercalary month must be divided.  [What, then, does Rab come to teach us?] — If [the inference  had come] from there, it might have been said that there  only [do the Rabbis hold the opinion that the rent for the month is to be divided], because it might be assumed that [the owner] had changed  his mind, and it might [also] be assumed that [with the second expression] he was merely explaining  [the first];  but here,  where [the seller] has clearly changed his mind,  it might have been thought [that the Rabbis do] not [disagree with Ben Nannus]; hence [it was necessary for Rab] to teach us. Rab Judah said in the name of Samuel: This  is the assertion of Ben Nannus, but the Sages say: The expression [which confers the] least  [advantage upon the buyer] is to be followed. 'This'  [would imply that] he [Samuel himself] is not of the same opinion. but, surely, both Rab and Samuel said:  [If a seller said.] 'I sell you a kor for thirty [selai'm]'. he may withdraw even at the last se'ah.  [If. however, he said]. 'I sell you a kor for thirty, [each] se'ah for a sela', [the buyer] acquires  possession of every se'ah as It is measured out for him.  [This, surely, shows that Samuel  is of the same opinion as Ben Nannus!]  — But, [it may be replied that] 'this', [may denote that Samuel] is of the same opinion.  Does [Samuel, however,] hold the same opinion? Surely Samuel said: [The Mishnah which states that the rent of the bath house for the intercalary month is to be divided] speaks [only of the case] where [the owner] comes  in the middle  of the month, but where he comes at the beginning of the month all [the rent of the month] belongs to the owner,  [and if he comes] at the end of the month, all [the rent of the month] belongs to the tenant.  [Does not this prove that Samuel disagrees  with Ben Nannus?]