חיפוש

Bava Batra 63

Want to dedicate learning? Get started here:

podcast placeholder

0:00
0:00




Summary

If one says yachlok, divide my portion with…, the person gets half, but what is the law if one says “give a chelek, portion, to…? Ravina bar Kisi brings an answer from a braita which rules in a similar case that one gets a quarter as there is a doubt whether the intent was half or a bit and Sumchus rules that when there is money in question, the money is split it between the two parties.

A braita explains that a Levite can sell one property and stipulate that the owner give the seller the Levite tithes. How can one do this if it means selling something that does not yet exist? To answer this question, the Gemara assumes that the seller retains rights to part of the land. Reish Lakish infers from this braita the law for a different case when the seller says he/she is selling the house but retaining the upper floor, as both are cases where there is no real meaning to the statement and it is therefore applied to mean something else. Regarding the Levite, there is no way to retain future produce, so the seller must have meant the land itself. With the house, since there is no need to retain the upper floor, so it must have been referring to something else. Rav Zevid and Rav Pappa each provide different interpretations in the case of the house as to what Reish Lakish understood to be retained by the original owner – either to hang a beam from the roof into the airspace of the courtyard (Rav Zevid) or building rights to build on the roof if the current roof is destroyed (Rav Papa). The Gemara raises a difficulty with Rav Papa’s explanation as it is more intuitive to derive it from the next Mishna (Bava Batra 64a) than from the braita. Rav Dimi discusses the difference between a sale with no specification, one where it was stipulated that the buyer acquires the depths and the heights, and one where the buyer acquired from the depths of the earth to the height of the sky. What items are included in each case? The Gemara tries to prove his statement from the next Mishna, but then rejects the proof.

Today’s daily daf tools:

Bava Batra 63

וְלָא הִיא, דְּאָמַר רַב יֵימַר בַּר שֶׁלֶמְיָה: לְדִידִי מִפָּרְשָׁא לִי מִינֵּיהּ דְּאַבָּיֵי: בֵּין ״מֶצֶר אַרְעָא דְּמִינַּהּ פַּלְגָא״, וּבֵין ״מֶצֶר אַרְעָא דְּמִינַּהּ פְּסִיקָא״ – אִי אֲמַר לֵיהּ: ״אִלֵּין מִצְרָנַהָא״ – פַּלְגָא, לָא אֲמַר לֵיהּ: ״אִלֵּין מִצְרָנַהָא״ – תִּשְׁעָה קַבִּין.

But that is not so, as Rav Yeimar bar Shelemya said: The matter was explained to me by Abaye, as follows: Whether the seller writes with regard to the fourth boundary: The boundary of the field is the land through which the field is halved, or he writes: The boundary of the field is the land through which a plot can be set apart, if he said to the buyer: These are its boundaries, he has sold him half of the field. But if he did not say to the buyer: These are its boundaries, he has sold him only an area fit for sowing nine kav of seed.

פְּשִׁיטָא – אָמַר: ״יַחֲלוֹק פְּלוֹנִי בִּנְכָסַי״ – פַּלְגָא. ״תְּנוּ חֵלֶק לִפְלוֹנִי בִּנְכָסַי״ – מַאי?

§ The Gemara raises a question about a similar case: It is obvious that if one said: So-and-so should share in my property, he means to give him half of the property. If he said: Give so-and-so a portion of my property, what is the halakha? What portion of the property must he give him?

אָמַר רָבִינָא בַּר קִיסִי, תָּא שְׁמַע: דְּתַנְיָא, הָאוֹמֵר: ״תְּנוּ חֵלֶק לִפְלוֹנִי בְּבוֹר״ – סוֹמְכוֹס אוֹמֵר: אֵין פָּחוֹת מֵרְבִיעַ. ״לְחָבִית״ – אֵין פָּחוֹת מִשְּׁמִינִית. ״לִקְדֵרָה״ – אֵין פָּחוֹת מִשְּׁנֵים עָשָׂר. ״לְטָפִיחַ״ – אֵין פָּחוֹת מִשִּׁשָּׁה עָשָׂר.

Ravina bar Kisi said: Come and hear a proof concerning the halakha in this case, as it is taught in a baraita: With regard to one who says: Give so-and-so a portion of my cistern for his water needs, Sumakhos says: He must give him not less than one-quarter of the water in the cistern. If he qualifies his words and says: Give so-and-so a portion of my cistern’s water for his barrel, he must give him not less than one-eighth of the water. If he says: Give him a portion for his pot, he must give him not less than one-twelfth of the water. And if he says: Give him for his cup, he must give him not less than one-sixteenth of the water. In any event, this baraita indicates that the unqualified phrase: Give so-and-so a portion, should be understood to mean: Give him one-quarter.

תָּנוּ רַבָּנַן: בֶּן לֵוִי שֶׁמָּכַר שָׂדֶה לְיִשְׂרָאֵל, וְאָמַר לוֹ: ״עַל מְנָת שֶׁמַּעֲשֵׂר רִאשׁוֹן שֶׁלִּי״ – מַעֲשֵׂר רִאשׁוֹן שֶׁלּוֹ. וְאִם אָמַר: ״לִי וּלְבָנַיי״ – מֵת, יִתֵּן לְבָנָיו.

The Gemara now considers another case in which the seller withholds something for himself in a sale. The Sages taught in a baraita: With regard to a Levite who sold a field to an Israelite and said to him: I am selling you this field on the condition that the first tithe from the produce growing in the field, which must be given to a Levite, is mine, and it will be given to me every year and not to any other Levite, the first tithe is his. And if he said: I am selling you the field on the condition that the tithe will be given to me and to my sons, then if he dies, the buyer must give the tithe to his sons.

וְאִם אָמַר לוֹ: ״כׇּל זְמַן שֶׁהַשָּׂדֶה זוֹ בְּיָדְךָ״ – מְכָרָהּ וְחָזַר וּלְקָחָהּ, אֵין לוֹ עָלָיו כְּלוּם.

But if the seller said to the buyer: This stipulation will remain in force as long as this field is in your possession, then if the buyer sold it and afterward bought it back again, the seller has no claim on him. Since the field left the buyer’s possession in the interim, the seller no longer has a claim to the tithe.

אַמַּאי? אֵין אָדָם מַקְנֶה דָּבָר שֶׁלֹּא בָּא לָעוֹלָם! כֵּיוָן דְּאָמַר לֵיהּ: ״עַל מְנָת שֶׁמַּעֲשֵׂר רִאשׁוֹן שֶׁלִּי״ – שַׁיּוֹרֵי שַׁיְּירֵיהּ לִמְקוֹם מַעֲשֵׂר.

The Gemara challenges the halakha taught in the baraita: Why should the seller ever have a right to the tithe after he has sold the field? After all, a person cannot transfer ownership of an object that has not yet come into the world. How, then, can the seller acquire a portion of the produce that does not yet exist? The Gemara answers that since the seller said to the buyer: I am selling you this field on the condition that the first tithe is mine, it is as if he withheld the site where the tithe is grown for himself when he sold the field, and that site already exists.

אָמַר רֵישׁ לָקִישׁ: זֹאת אוֹמֶרֶת, הַמּוֹכֵר בַּיִת לַחֲבֵירוֹ, וְאָמַר לוֹ: ״עַל מְנָת שֶׁדְּיוֹטָא הָעֶלְיוֹנָה שֶׁלִּי״ – דְּיוֹטָא הָעֶלְיוֹנָה שֶׁלּוֹ.

Reish Lakish said: That is to say that with regard to one who sells a house to another and says to him: I am selling you this house on the condition that the upper story [deyota] is mine, the upper story is his.

לְמַאי הִלְכְתָא? רַב זְבִיד אָמַר: שֶׁאִם רָצָה לְהוֹצִיא בָּהּ זִיזִין, מוֹצִיא. רַב פָּפָּא אָמַר: שֶׁאִם רָצָה לִבְנוֹת עֲלִיָּיה עַל גַּבָּהּ, בּוֹנֶה.

With regard to what halakha did Reish Lakish say this? In any case the upper story is his, as when he sold the house, it was only the lower story that he sold to the buyer. Rav Zevid says: He said this to teach the halakha that if the seller wishes to extend from the upper story projections over the courtyard, which was included in the sale, he may extend them. Rav Pappa says: He said this to teach the halakha that if this upper story collapses and the seller wishes to build an upper story on top of it to replace it, he may build it.

בִּשְׁלָמָא לְרַב זְבִיד, הַיְינוּ דְּקָתָנֵי ״זֹאת אוֹמֶרֶת״; אֶלָּא לְרַב פָּפָּא, מַאי ״זֹאת אוֹמֶרֶת״? קַשְׁיָא.

The Gemara asks: Granted, according to Rav Zevid, this explanation is consistent with that which Reish Lakish teaches, which begins with: That is to say. As according to Rav Zevid, Reish Lakish infers from the ruling of the baraita about tithes that even though the seller of the house did not explicitly withhold anything for himself, the court interprets his use of his superfluous stipulation as an indication that he wished to withhold for himself the space over the courtyard for the projections. But according to Rav Pappa, what did Reish Lakish mean when he said his statement that begins with the phrase: That is to say? The seller’s right to rebuild the upper story after it collapses is not derived from the superfluous stipulation that he attached to the transaction, and it is not inferred from the baraita. The Gemara concludes: Indeed, Rav Pappa’s interpretation is difficult, as it does not account for the wording of Reish Lakish’s statement.

אָמַר רַב דִּימִי מִנְּהַרְדְּעָא: הַאי מַאן דִּמְזַבֵּין לֵיהּ בֵּיתָא לְחַבְרֵיהּ, אַף עַל גַּב דִּכְתַב לֵיהּ: ״עוּמְקָא וְרוּמָא״, צָרִיךְ לְמִכְתַּב לֵיהּ: ״קְנִי לָךְ מִתְּהוֹם אַרְעָא וְעַד רוּם רְקִיעָא״. מַאי טַעְמָא? דְּעוּמְקָא וְרוּמָא בִּסְתָמָא לָא קָנֵי; אַהֲנִי ״עוּמְקָא וְרוּמָא״ לְמִיקְנֵא עוּמְקָא וְרוּמָא, וְאַהֲנִי ״מִתְּהוֹם אַרְעָא וְעַד רוּם רְקִיעָא״ לְמִיקְנֵא בּוֹר וָדוּת וּמְחִילּוֹת.

§ The Gemara discusses what is included in the wordings of various contracts. Rav Dimi from Neharde’a said: Concerning this one who sells a house to another and wants the sale to include the entire property, even if he writes for the buyer in the bill of sale: I am selling you the depth and the height of the house, he must also write for him: Acquire for yourself the property from the depth of the earth up to the height of the sky. What is the reason for this addition? The reason is that the buyer does not acquire the depth and the height of the property without explicit specification, and therefore, unless the matter has been explicitly stipulated, the buyer may not dig under the house or build above it. The words: The depth and the height, effect the acquisition of the depth and the height of the house for the buyer, allowing him to dig below or build above the house. And the additional phrase: From the depth of the earth up to the height of the sky, effects the acquisition of the pit and the cistern and the tunnels associated with the house.

לֵימָא מְסַיַּיע לֵיהּ: וְלֹא אֶת הַבּוֹר וְלֹא אֶת הַדּוּת – אַף עַל פִּי שֶׁכָּתַב לוֹ ״עוּמְקָא וְרוּמָא״. וְאִי סָלְקָא דַּעְתָּךְ בִּסְתָמָא קָנֵי עוּמְקָא וְרוּמָא, לַיהֲנֵי ״עוּמְקָא וְרוּמָא״ לְמִיקְנֵא בּוֹר וָדוּת וּמְחִילּוֹת! דְּלָא כְּתַב לֵיהּ.

The Gemara proposes: Let us say that the mishna (64a) supports Rav Dimi’s opinion: One who sells a house has sold neither the pit nor the cistern, even if he writes for the buyer in the bill of sale that he is selling him the depth and the height of the house. As if it enters your mind to say that the buyer acquires the depth and the height of the house even without the specification that the depth and the height of the house are included in the sale, let the phrase the depth and the height effect the acquisition of the pit and the cistern and the tunnels, as he attached an additional stipulation to the transaction. The Gemara rejects this opinion: The mishna is referring to a case where the seller did not write these words for him.

וְהָא ״אַף עַל פִּי שֶׁכָּתַב לוֹ״ קָתָנֵי! הָכִי קָאָמַר: אַף עַל פִּי שֶׁלֹּא כָּתַב לוֹ, כְּמִי שֶׁכָּתַב דָּמֵי – לְמִיקְנֵא עוּמְקָא וְרוּמָא. לְמִיקְנֵא בּוֹר וָדוּת וּמְחִילּוֹת – אִי כְּתַב לֵיהּ: ״עוּמְקָא וְרוּמָא״ – קָנֵי, וְאִי לָא כָּתַב – לָא קָנֵי.

The Gemara asks: But this line of reasoning is difficult, as the mishna explicitly teaches that the pit and the cistern are not sold even if the seller writes for the buyer that he is selling him the depth and the height of the house. The Gemara answers that this is what the mishna is saying: Even though the seller did not write these words for him in the bill of sale, for the purpose of acquiring the depth and the height of the house, it is considered as if he wrote them, as it is assumed that they were omitted by accident. By contrast, for the purpose of acquiring the pit and the cistern and the tunnels, if the seller explicitly wrote for him the words the depth and the height, the buyer acquires them, but if he did not write that phrase in the bill of sale, the buyer does not acquire them. No proof can be derived from this mishna.

תָּא שְׁמַע: וְלֹא אֶת הַגָּג – בִּזְמַן שֶׁיֵּשׁ לוֹ מַעֲקֶה גָּבוֹהַּ עֲשָׂרָה טְפָחִים.

§ The Gemara now considers a different mishna. Come and hear what was taught in the mishna (61a): One who sells his house without explicitly stating what is included in the sale has not sold the roof along with the house when it has a parapet ten handbreadths high, as such a roof is considered a separate entity and is not included in the sale of the house.

Today’s daily daf tools:

Delve Deeper

Broaden your understanding of the topics on this daf with classes and podcasts from top women Talmud scholars.

For the Beyond the Daf shiurim offered in Hebrew, see here.

New to Talmud?

Check out our resources designed to help you navigate a page of Talmud – and study at the pace, level and style that fits you. 

The Hadran Women’s Tapestry

Meet the diverse women learning Gemara at Hadran and hear their stories. 

Attending the Siyyum in Jerusalem 26 months ago inspired me to become part of this community of learners. So many aspects of Jewish life have been illuminated by what we have learned in Seder Moed. My day is not complete without daf Yomi. I am so grateful to Rabbanit Michelle and the Hadran Community.

Nancy Kolodny
Nancy Kolodny

Newton, United States

I started my journey on the day I realized that the Siyum was happening in Yerushalayim and I was missing out. What? I told myself. How could I have not known about this? How can I have missed out on this opportunity? I decided that moment, I would start Daf Yomi and Nach Yomi the very next day. I am so grateful to Hadran. I am changed forever because I learn Gemara with women. Thank you.

Linda Brownstein
Linda Brownstein

Mitspe, Israel

In early 2020, I began the process of a stem cell transplant. The required extreme isolation forced me to leave work and normal life but gave me time to delve into Jewish text study. I did not feel isolated. I began Daf Yomi at the start of this cycle, with family members joining me online from my hospital room. I’ve used my newly granted time to to engage, grow and connect through this learning.

Reena Slovin
Reena Slovin

Worcester, United States

I started learning at the start of this cycle, and quickly fell in love. It has become such an important part of my day, enriching every part of my life.

Naomi Niederhoffer
Naomi Niederhoffer

Toronto, Canada

I began learning with Rabbanit Michelle’s wonderful Talmud Skills class on Pesachim, which really enriched my Pesach seder, and I have been learning Daf Yomi off and on over the past year. Because I’m relatively new at this, there is a “chiddush” for me every time I learn, and the knowledge and insights of the group members add so much to my experience. I feel very lucky to be a part of this.

Julie-Landau-Photo
Julie Landau

Karmiel, Israel

My curiosity was peaked after seeing posts about the end of the last cycle. I am always looking for opportunities to increase my Jewish literacy & I am someone that is drawn to habit and consistency. Dinnertime includes a “Guess what I learned on the daf” segment for my husband and 18 year old twins. I also love the feelings of connection with my colleagues who are also learning.

Diana Bloom
Diana Bloom

Tampa, United States

It has been a pleasure keeping pace with this wonderful and scholarly group of women.

Janice Block
Janice Block

Beit Shemesh, Israel

In July, 2012 I wrote for Tablet about the first all women’s siyum at Matan in Jerusalem, with 100 women. At the time, I thought, I would like to start with the next cycle – listening to a podcast at different times of day makes it possible. It is incredible that after 10 years, so many women are so engaged!

Beth Kissileff
Beth Kissileff

Pittsburgh, United States

I was inspired to start learning after attending the 2020 siyum in Binyanei Hauma. It has been a great experience for me. It’s amazing to see the origins of stories I’ve heard and rituals I’ve participated in my whole life. Even when I don’t understand the daf itself, I believe that the commitment to learning every day is valuable and has multiple benefits. And there will be another daf tomorrow!

Khaya Eisenberg
Khaya Eisenberg

Jerusalem, Israel

Shortly after the death of my father, David Malik z”l, I made the commitment to Daf Yomi. While riding to Ben Gurion airport in January, Siyum HaShas was playing on the radio; that was the nudge I needed to get started. The “everyday-ness” of the Daf has been a meaningful spiritual practice, especial after COVID began & I was temporarily unable to say Kaddish at daily in-person minyanim.

Lisa S. Malik
Lisa S. Malik

Wynnewood, United States

I heard about the syium in January 2020 & I was excited to start learning then the pandemic started. Learning Daf became something to focus on but also something stressful. As the world changed around me & my family I had to adjust my expectations for myself & the world. Daf Yomi & the Hadran podcast has been something I look forward to every day. It gives me a moment of centering & Judaism daily.

Talia Haykin
Talia Haykin

Denver, United States

“I got my job through the NY Times” was an ad campaign when I was growing up. I can headline “I got my daily Daf shiur and Hadran through the NY Times”. I read the January 4, 2020 feature on Reb. Michelle Farber and Hadran and I have been participating ever since. Thanks NY Times & Hadran!
Deborah Aschheim
Deborah Aschheim

New York, United States

Hearing and reading about the siyumim at the completion of the 13 th cycle Daf Yomi asked our shul rabbi about starting the Daf – he directed me to another shiur in town he thought would allow a woman to join, and so I did! Love seeing the sources for the Divrei Torah I’ve been hearing for the past decades of living an observant life and raising 5 children .

Jill Felder
Jill Felder

Pittsburgh, Pennsylvania, United States

I heard the new Daf Yomi cycle was starting and I was curious, so I searched online for a women’s class and was pleasently surprised to find Rabanit Michelle’s great class reviews in many online articles. It has been a splendid journey. It is a way to fill my days with Torah, learning so many amazing things I have never heard before during my Tanach learning at High School. Thanks so much .

Martha Tarazi
Martha Tarazi

Panama, Panama

About a year into learning more about Judaism on a path to potential conversion, I saw an article about the upcoming Siyum HaShas in January of 2020. My curiosity was piqued and I immediately started investigating what learning the Daf actually meant. Daily learning? Just what I wanted. Seven and a half years? I love a challenge! So I dove in head first and I’ve enjoyed every moment!!
Nickie Matthews
Nickie Matthews

Blacksburg, United States

I started the daf at the beginning of this cycle in January 2020. My husband, my children, grandchildren and siblings have been very supportive. As someone who learned and taught Tanach and mefarshim for many years, it has been an amazing adventure to complete the six sedarim of Mishnah, and now to study Talmud on a daily basis along with Rabbanit Michelle and the wonderful women of Hadran.

Rookie Billet
Rookie Billet

Jerusalem, Israel

Having never learned Talmud before, I started Daf Yomi in hopes of connecting to the Rabbinic tradition, sharing a daily idea on Instagram (@dafyomiadventures). With Hadran and Sefaria, I slowly gained confidence in my skills and understanding. Now, part of the Pardes Jewish Educators Program, I can’t wait to bring this love of learning with me as I continue to pass it on to my future students.

Hannah-G-pic
Hannah Greenberg

Pennsylvania, United States

It happened without intent (so am I yotzei?!) – I watched the women’s siyum live and was so moved by it that the next morning, I tuned in to Rabbanit Michelle’s shiur, and here I am, still learning every day, over 2 years later. Some days it all goes over my head, but others I grasp onto an idea or a story, and I ‘get it’ and that’s the best feeling in the world. So proud to be a Hadran learner.

Jeanne Yael Klempner
Jeanne Yael Klempner

Zichron Yaakov, Israel

I graduated college in December 2019 and received a set of shas as a present from my husband. With my long time dream of learning daf yomi, I had no idea that a new cycle was beginning just one month later, in January 2020. I have been learning the daf ever since with Michelle Farber… Through grad school, my first job, my first baby, and all the other incredible journeys over the past few years!
Sigal Spitzer Flamholz
Sigal Spitzer Flamholz

Bronx, United States

I was inspired to start learning after attending the 2020 siyum in Binyanei Hauma. It has been a great experience for me. It’s amazing to see the origins of stories I’ve heard and rituals I’ve participated in my whole life. Even when I don’t understand the daf itself, I believe that the commitment to learning every day is valuable and has multiple benefits. And there will be another daf tomorrow!

Khaya Eisenberg
Khaya Eisenberg

Jerusalem, Israel

Bava Batra 63

וְלָא הִיא, דְּאָמַר רַב יֵימַר בַּר שֶׁלֶמְיָה: לְדִידִי מִפָּרְשָׁא לִי מִינֵּיהּ דְּאַבָּיֵי: בֵּין ״מֶצֶר אַרְעָא דְּמִינַּהּ פַּלְגָא״, וּבֵין ״מֶצֶר אַרְעָא דְּמִינַּהּ פְּסִיקָא״ – אִי אֲמַר לֵיהּ: ״אִלֵּין מִצְרָנַהָא״ – פַּלְגָא, לָא אֲמַר לֵיהּ: ״אִלֵּין מִצְרָנַהָא״ – תִּשְׁעָה קַבִּין.

But that is not so, as Rav Yeimar bar Shelemya said: The matter was explained to me by Abaye, as follows: Whether the seller writes with regard to the fourth boundary: The boundary of the field is the land through which the field is halved, or he writes: The boundary of the field is the land through which a plot can be set apart, if he said to the buyer: These are its boundaries, he has sold him half of the field. But if he did not say to the buyer: These are its boundaries, he has sold him only an area fit for sowing nine kav of seed.

פְּשִׁיטָא – אָמַר: ״יַחֲלוֹק פְּלוֹנִי בִּנְכָסַי״ – פַּלְגָא. ״תְּנוּ חֵלֶק לִפְלוֹנִי בִּנְכָסַי״ – מַאי?

§ The Gemara raises a question about a similar case: It is obvious that if one said: So-and-so should share in my property, he means to give him half of the property. If he said: Give so-and-so a portion of my property, what is the halakha? What portion of the property must he give him?

אָמַר רָבִינָא בַּר קִיסִי, תָּא שְׁמַע: דְּתַנְיָא, הָאוֹמֵר: ״תְּנוּ חֵלֶק לִפְלוֹנִי בְּבוֹר״ – סוֹמְכוֹס אוֹמֵר: אֵין פָּחוֹת מֵרְבִיעַ. ״לְחָבִית״ – אֵין פָּחוֹת מִשְּׁמִינִית. ״לִקְדֵרָה״ – אֵין פָּחוֹת מִשְּׁנֵים עָשָׂר. ״לְטָפִיחַ״ – אֵין פָּחוֹת מִשִּׁשָּׁה עָשָׂר.

Ravina bar Kisi said: Come and hear a proof concerning the halakha in this case, as it is taught in a baraita: With regard to one who says: Give so-and-so a portion of my cistern for his water needs, Sumakhos says: He must give him not less than one-quarter of the water in the cistern. If he qualifies his words and says: Give so-and-so a portion of my cistern’s water for his barrel, he must give him not less than one-eighth of the water. If he says: Give him a portion for his pot, he must give him not less than one-twelfth of the water. And if he says: Give him for his cup, he must give him not less than one-sixteenth of the water. In any event, this baraita indicates that the unqualified phrase: Give so-and-so a portion, should be understood to mean: Give him one-quarter.

תָּנוּ רַבָּנַן: בֶּן לֵוִי שֶׁמָּכַר שָׂדֶה לְיִשְׂרָאֵל, וְאָמַר לוֹ: ״עַל מְנָת שֶׁמַּעֲשֵׂר רִאשׁוֹן שֶׁלִּי״ – מַעֲשֵׂר רִאשׁוֹן שֶׁלּוֹ. וְאִם אָמַר: ״לִי וּלְבָנַיי״ – מֵת, יִתֵּן לְבָנָיו.

The Gemara now considers another case in which the seller withholds something for himself in a sale. The Sages taught in a baraita: With regard to a Levite who sold a field to an Israelite and said to him: I am selling you this field on the condition that the first tithe from the produce growing in the field, which must be given to a Levite, is mine, and it will be given to me every year and not to any other Levite, the first tithe is his. And if he said: I am selling you the field on the condition that the tithe will be given to me and to my sons, then if he dies, the buyer must give the tithe to his sons.

וְאִם אָמַר לוֹ: ״כׇּל זְמַן שֶׁהַשָּׂדֶה זוֹ בְּיָדְךָ״ – מְכָרָהּ וְחָזַר וּלְקָחָהּ, אֵין לוֹ עָלָיו כְּלוּם.

But if the seller said to the buyer: This stipulation will remain in force as long as this field is in your possession, then if the buyer sold it and afterward bought it back again, the seller has no claim on him. Since the field left the buyer’s possession in the interim, the seller no longer has a claim to the tithe.

אַמַּאי? אֵין אָדָם מַקְנֶה דָּבָר שֶׁלֹּא בָּא לָעוֹלָם! כֵּיוָן דְּאָמַר לֵיהּ: ״עַל מְנָת שֶׁמַּעֲשֵׂר רִאשׁוֹן שֶׁלִּי״ – שַׁיּוֹרֵי שַׁיְּירֵיהּ לִמְקוֹם מַעֲשֵׂר.

The Gemara challenges the halakha taught in the baraita: Why should the seller ever have a right to the tithe after he has sold the field? After all, a person cannot transfer ownership of an object that has not yet come into the world. How, then, can the seller acquire a portion of the produce that does not yet exist? The Gemara answers that since the seller said to the buyer: I am selling you this field on the condition that the first tithe is mine, it is as if he withheld the site where the tithe is grown for himself when he sold the field, and that site already exists.

אָמַר רֵישׁ לָקִישׁ: זֹאת אוֹמֶרֶת, הַמּוֹכֵר בַּיִת לַחֲבֵירוֹ, וְאָמַר לוֹ: ״עַל מְנָת שֶׁדְּיוֹטָא הָעֶלְיוֹנָה שֶׁלִּי״ – דְּיוֹטָא הָעֶלְיוֹנָה שֶׁלּוֹ.

Reish Lakish said: That is to say that with regard to one who sells a house to another and says to him: I am selling you this house on the condition that the upper story [deyota] is mine, the upper story is his.

לְמַאי הִלְכְתָא? רַב זְבִיד אָמַר: שֶׁאִם רָצָה לְהוֹצִיא בָּהּ זִיזִין, מוֹצִיא. רַב פָּפָּא אָמַר: שֶׁאִם רָצָה לִבְנוֹת עֲלִיָּיה עַל גַּבָּהּ, בּוֹנֶה.

With regard to what halakha did Reish Lakish say this? In any case the upper story is his, as when he sold the house, it was only the lower story that he sold to the buyer. Rav Zevid says: He said this to teach the halakha that if the seller wishes to extend from the upper story projections over the courtyard, which was included in the sale, he may extend them. Rav Pappa says: He said this to teach the halakha that if this upper story collapses and the seller wishes to build an upper story on top of it to replace it, he may build it.

בִּשְׁלָמָא לְרַב זְבִיד, הַיְינוּ דְּקָתָנֵי ״זֹאת אוֹמֶרֶת״; אֶלָּא לְרַב פָּפָּא, מַאי ״זֹאת אוֹמֶרֶת״? קַשְׁיָא.

The Gemara asks: Granted, according to Rav Zevid, this explanation is consistent with that which Reish Lakish teaches, which begins with: That is to say. As according to Rav Zevid, Reish Lakish infers from the ruling of the baraita about tithes that even though the seller of the house did not explicitly withhold anything for himself, the court interprets his use of his superfluous stipulation as an indication that he wished to withhold for himself the space over the courtyard for the projections. But according to Rav Pappa, what did Reish Lakish mean when he said his statement that begins with the phrase: That is to say? The seller’s right to rebuild the upper story after it collapses is not derived from the superfluous stipulation that he attached to the transaction, and it is not inferred from the baraita. The Gemara concludes: Indeed, Rav Pappa’s interpretation is difficult, as it does not account for the wording of Reish Lakish’s statement.

אָמַר רַב דִּימִי מִנְּהַרְדְּעָא: הַאי מַאן דִּמְזַבֵּין לֵיהּ בֵּיתָא לְחַבְרֵיהּ, אַף עַל גַּב דִּכְתַב לֵיהּ: ״עוּמְקָא וְרוּמָא״, צָרִיךְ לְמִכְתַּב לֵיהּ: ״קְנִי לָךְ מִתְּהוֹם אַרְעָא וְעַד רוּם רְקִיעָא״. מַאי טַעְמָא? דְּעוּמְקָא וְרוּמָא בִּסְתָמָא לָא קָנֵי; אַהֲנִי ״עוּמְקָא וְרוּמָא״ לְמִיקְנֵא עוּמְקָא וְרוּמָא, וְאַהֲנִי ״מִתְּהוֹם אַרְעָא וְעַד רוּם רְקִיעָא״ לְמִיקְנֵא בּוֹר וָדוּת וּמְחִילּוֹת.

§ The Gemara discusses what is included in the wordings of various contracts. Rav Dimi from Neharde’a said: Concerning this one who sells a house to another and wants the sale to include the entire property, even if he writes for the buyer in the bill of sale: I am selling you the depth and the height of the house, he must also write for him: Acquire for yourself the property from the depth of the earth up to the height of the sky. What is the reason for this addition? The reason is that the buyer does not acquire the depth and the height of the property without explicit specification, and therefore, unless the matter has been explicitly stipulated, the buyer may not dig under the house or build above it. The words: The depth and the height, effect the acquisition of the depth and the height of the house for the buyer, allowing him to dig below or build above the house. And the additional phrase: From the depth of the earth up to the height of the sky, effects the acquisition of the pit and the cistern and the tunnels associated with the house.

לֵימָא מְסַיַּיע לֵיהּ: וְלֹא אֶת הַבּוֹר וְלֹא אֶת הַדּוּת – אַף עַל פִּי שֶׁכָּתַב לוֹ ״עוּמְקָא וְרוּמָא״. וְאִי סָלְקָא דַּעְתָּךְ בִּסְתָמָא קָנֵי עוּמְקָא וְרוּמָא, לַיהֲנֵי ״עוּמְקָא וְרוּמָא״ לְמִיקְנֵא בּוֹר וָדוּת וּמְחִילּוֹת! דְּלָא כְּתַב לֵיהּ.

The Gemara proposes: Let us say that the mishna (64a) supports Rav Dimi’s opinion: One who sells a house has sold neither the pit nor the cistern, even if he writes for the buyer in the bill of sale that he is selling him the depth and the height of the house. As if it enters your mind to say that the buyer acquires the depth and the height of the house even without the specification that the depth and the height of the house are included in the sale, let the phrase the depth and the height effect the acquisition of the pit and the cistern and the tunnels, as he attached an additional stipulation to the transaction. The Gemara rejects this opinion: The mishna is referring to a case where the seller did not write these words for him.

וְהָא ״אַף עַל פִּי שֶׁכָּתַב לוֹ״ קָתָנֵי! הָכִי קָאָמַר: אַף עַל פִּי שֶׁלֹּא כָּתַב לוֹ, כְּמִי שֶׁכָּתַב דָּמֵי – לְמִיקְנֵא עוּמְקָא וְרוּמָא. לְמִיקְנֵא בּוֹר וָדוּת וּמְחִילּוֹת – אִי כְּתַב לֵיהּ: ״עוּמְקָא וְרוּמָא״ – קָנֵי, וְאִי לָא כָּתַב – לָא קָנֵי.

The Gemara asks: But this line of reasoning is difficult, as the mishna explicitly teaches that the pit and the cistern are not sold even if the seller writes for the buyer that he is selling him the depth and the height of the house. The Gemara answers that this is what the mishna is saying: Even though the seller did not write these words for him in the bill of sale, for the purpose of acquiring the depth and the height of the house, it is considered as if he wrote them, as it is assumed that they were omitted by accident. By contrast, for the purpose of acquiring the pit and the cistern and the tunnels, if the seller explicitly wrote for him the words the depth and the height, the buyer acquires them, but if he did not write that phrase in the bill of sale, the buyer does not acquire them. No proof can be derived from this mishna.

תָּא שְׁמַע: וְלֹא אֶת הַגָּג – בִּזְמַן שֶׁיֵּשׁ לוֹ מַעֲקֶה גָּבוֹהַּ עֲשָׂרָה טְפָחִים.

§ The Gemara now considers a different mishna. Come and hear what was taught in the mishna (61a): One who sells his house without explicitly stating what is included in the sale has not sold the roof along with the house when it has a parapet ten handbreadths high, as such a roof is considered a separate entity and is not included in the sale of the house.

Want to follow content and continue where you left off?

Create an account today to track your progress, mark what you’ve learned, and follow the shiurim that speak to you.

Clear all items from this list?

This will remove ALL the items in this section. You will lose any progress or history connected to them. This is irreversible.

Cancel
Yes, clear all

Are you sure you want to delete this item?

You will lose any progress or history connected to this item.

Cancel
Yes, delete