The amazing comedian Mitch Hedberg z”l had a joke where he said, “An escalator can never break: it can only become stairs. You should never see an Escalator Temporarily Out Of Order sign, just Escalator Temporarily Stairs.”
On our daf today, someone purchases an item that can serve two purposes – the example given is seeds that can either be planted or eaten. The buyer wants them for one purpose but they are only good for the second purpose, so the question becomes: Is this a mistaken transaction? Can the buyer get his money back?
MISHNA: With regard to one who sells produce to another that is sometimes purchased for consumption and sometimes for planting, and the buyer planted it and it did not sprout, and even if he had sold flaxseeds, which are only occasionally eaten, the seller does not bear financial responsibility for them, i.e., he is not required to compensate the buyer. Since the buyer did not specify that he purchased the produce in order to plant it, the seller can claim that he assumed the buyer intended to eat it. Rabban Shimon ben Gamliel says: If he had sold seeds for garden plants, which are not eaten at all, then the seller bears financial responsibility for them, as they were certainly purchased for planting.
I didn’t buy stairs, I bought an escalator.
Anyway, that’s not the gem. The gem is in the Gemara where they discus someone who bought an ox that, unbenounced to him, was a goring ox, but the seller insists they thought they bought the ox for meat (so it would be killed anyway), not for plowing.
Rav says: This is a mistaken transaction, as in cases of uncertainty we follow the majority, and since the majority of people purchase oxen for plowing, it is presumed that this buyer also purchased the ox for plowing. Accordingly, since the ox he received was not suitable for plowing, the sale is void. And Shmuel could have said to you: When we follow the majority, that is only with regard to ritual matters, but with regard to monetary matters, such as this, we do not follow the majority. Accordingly, there is no basis for voiding the sale.
I love this. When we are doing rituals, the majority of what people are doing holds sway. Why? Well, I would guess that the people doing the rituals would be referring to observant Jews, while the entire world functions through money and commerce, and certainly the majority of the world would not be religious Jews, or Jews at all.
The lesson? The majority isn’t always right. What’s right is right, not might.