Kesubos 98b

כתובות צ״ח ע״ב

Ketubot 98b

Learn Kesubos 98b step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

Who keeps the extra profit when a שליח gets a better deal, and what happens when a שליח sells more than he was asked to

Overview

The גמרא learns from our משנה that רבי holds that any extra gain from a deal belongs to the owner of the money (בעל המעות). It brings a ברייתא where רבי יהודה gives an extra item to the שליח and רבי יוסי says they split it. Another ברייתא quotes רבי יוסי as giving everything to the owner. רמי בר חמא resolves the contradiction: for an item with a fixed price (קצבה) they split, and for an item without one everything goes to the owner. רב פפא rules that this is the הלכה. The גמרא then asks a new question: if someone told his שליח to sell a לתך and he sold a כור, is the שליח adding to his instructions, so the לתך is sold, or going against them, so nothing is sold? A proof from a host, his שליח and guests who took too much הקדש meat is rejected. A second proof from our משנה about a widow who sold too much land is also rejected, because she may simply have sold too cheaply.

Opening lines

The steps (14)

1. StatementOur משנה shows רבי's view: the profit goes to the owner of the money
2. ProofThe ברייתא where רבי יהודה and רבי יוסי argue about an extra item
3. ChallengeAnother ברייתא quotes רבי יוסי differently
4. Resolutionרמי בר חמא: fixed-price items versus items without a fixed price
5. Conclusionרב פפא rules the הלכה follows this distinction
6. QuestionWhat new thing is רב פפא teaching?
7. ResponseThe answer we gave is a real answer you can rule by
8. QuestionTold to sell a לתך, the שליח sold a כור: is even the לתך sold?
9. ProofA proof from the case of the host, the agent, and the guests
10. ProofWhy the host is guilty only if the agent is 'adding'
11. RejectionRejection: the agent clearly separated the host's piece from his own
12. ProofA new attempted proof: the widow who sold too much
13. ProofReading the widow's case as a fair sale of too much land
14. RejectionThe case is where she sold too cheaply