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Today's Daf Yomi

March 30, 2017 | 讙壮 讘谞讬住谉 转砖注状讝

  • This month's learning is sponsored by Ron and Shira Krebs to commemorate the 73rd yahrzeit of Shira's grandfather (Yitzchak Leib Ben David Ber HaCohen v'Malka), the 1st yahrzeit of Shira's father (Gershon Pinya Ben Yitzchak Leib HaCohen v'Menucha Sara), and the bar mitzvah of their son Eytan who will be making a siyum on Mishna Shas this month.

  • This month's learning is sponsored for the Refuah Shlemah of Naama bat Yael Esther.

Bava Batra 67

If one sold a courtyard or an olive press or a bathhouse, what items are included in the sale and what items are not included in the sale? 聽As in the previous cases, Rabbi Eliezer disagrees with a few of the details.


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讗讙讘讛 注讬砖讜专 谞讻住讬 讗驻讬诇讜 诪讗爪讟专讜讘诇讬 讚专讬讞讬讬诐 讗诪专 专讘 讗砖讬 讻讬 讛讜讬谞谉 讘讬 专讘 讻讛谞讗 诪讙讘讬谞谉 讗驻讬诇讜 诪注诪诇讗 讚讘转讬

collect for her one-tenth of her father鈥檚 estate, in keeping with the rabbinic ordinance that states that if a man dies, his sons are obligated to give his daughter a tenth of his landed properties as a dowry, and collect it even from his immovable lower millstones, as they too are considered landed property. Rav Ashi said: When we were students in Rav Kahana鈥檚 house we would collect for this purpose even from the rent of houses; since this money is earned from real estate, it too has the status of landed property and is included in the dowry calculations.

诪转谞讬壮 讛诪讜讻专 讗转 讛讞爪专 诪讻专 讘转讬诐 讘讜专讜转 砖讬讞讬谉 讜诪注专讜转 讗讘诇 诇讗 讗转 讛诪讟诇讟诇讬谉 讘讝诪谉 砖讗诪专 诇讜 讛讜讗 讜讻诇 诪讛 砖讘转讜讻讜 讛专讬 讻讜诇谉 诪讻讜专讬谉 讘讬谉 讻讱 讜讘讬谉 讻讱 诇讗 诪讻专 诇讗 讗转 讛诪专讞抓 讜诇讗 讗转 讘讬转 讛讘讚 砖讘转讜讻讛 专讘讬 讗诇讬注讝专 讗讜诪专 讛诪讜讻专 讗转 讛讞爪专 诇讗 诪讻专 讗诇讗 讗讜讬专讛 砖诇 讞爪专

MISHNA: One who sells a courtyard without specifying what is included in the sale has sold with it the houses, pits, ditches, and caves found in the courtyard, but he has not sold the movable property. When the seller says to the buyer: I am selling you it and everything that is in it, all these components are sold along with the courtyard, even the movable property. Both in this case, where he executes the sale without specification, and in that case, where he adds the phrase that includes the movable property, he has not sold the bathhouse, nor has he sold the olive press that is in the courtyard, as each is an entity with a discrete purpose and not an integral part of the courtyard. Rabbi Eliezer says: One who sells a courtyard without specifying what is included in the sale has sold only the airspace, i.e., the open space, of the courtyard, but nothing found in the courtyard, not even the houses.

讙诪壮 转谞讜 专讘谞谉 讛诪讜讻专 讗转 讛讞爪专 诪讻专 讘转讬诐 讛讞讬爪讜谞讬诐 讜讘转讬诐 讛驻谞讬诪讬诐 讜讘讬转 讛讞讜诇住讗讜转 讞谞讜讬讜转 驻转讜讞讜转 诇转讜讻讛 谞诪讻专讜转 注诪讛 讜砖讗讬谉 驻转讜讞讜转 诇转讜讻讛 讗讬谉 谞诪讻专讜转 注诪讛 驻转讜讞讜转 诇讻讗谉 讜诇讻讗谉 [讗诇讜] 讜讗诇讜 谞诪讻专讜转 注诪讛 专讘讬 讗诇讬注讝专 讗讜诪专 讛诪讜讻专 讗转 讛讞爪专 诇讗 诪讻专 讗诇讗 诪讬诇讜住讗 砖诇 讞爪专

GEMARA: The Sages taught in a baraita (Tosefta, 3:1): One who sells a courtyard has sold with it the outer houses that can be accessed directly from the courtyard, and the inner houses that can be entered only via the outer houses, and the area of the sand fields [uveit ha岣lsaot]. As for the stores, those that open into the courtyard are sold along with it; those that do not open into it, but rather open into the public domain, even if they are located in the courtyard, are not sold along with it; and those that open both into this courtyard and into that other public domain are grouped together with those that open into this courtyard alone, and both these and those are sold with it. Rabbi Eliezer says: One who sells a courtyard without specifying what is included in the sale has sold only the open space of the courtyard.

讗诪专 诪专 驻转讜讞讜转 诇讻讗谉 讜诇讻讗谉 谞诪讻专讜转 注诪讛 讜讛讗 转谞讬 专讘讬 讞讬讬讗 讗讬谉 谞诪讻专讜转 注诪讛 诇讗 拽砖讬讗 讛讗 讚专讜讘 转砖诪讬砖转讬讬讛讜 诇讙讜 讛讗 讚专讜讘 转砖诪讬砖转讬讬讛讜 诇讘专

The Master said in the baraita: Stores that open both into this courtyard and into that public domain are sold along with the courtyard. The Gemara raises an objection: But didn鈥檛 Rabbi 岣yya teach a baraita that states that such stores are not sold with the courtyard? The Gemara answers that this is not difficult: This baraita, that teaches that the stores are sold along with the courtyard, is referring to a case where the majority of their use is from within, i.e., the stores are mainly accessed from within the courtyard, while that baraita of Rabbi 岣yya, that teaches that the stores are not sold along with the courtyard, is referring to a case where the majority of their use is from without, i.e., the stores are accessed mainly from the public domain.

专讘讬 讗诇讬注讝专 讗讜诪专 讛诪讜讻专 讗转 讛讞爪专 诇讗 诪讻专 讗诇讗 讗讜讬专讛 砖诇 讞爪专 讗诪专 专讘讛 讗讬 讚讗诪专 诇讬讛 讚讬专转讗 讚讻讜诇讬 注诇诪讗 诇讗 驻诇讬讙讬 讚讘转讬 诪砖诪注 讻讬 驻诇讬讙讬 讚讗诪专 诇讬讛 讚专转讗 诪专 住讘专 转专讘讬爪讗 诪砖诪注 讜诪专 住讘专 讘转讬 诪砖诪注

The mishna teaches, and it was similarly taught in the baraita, that Rabbi Eliezer says: One who sells a courtyard has sold only the airspace of the courtyard, and he has sold nothing found in the courtyard, not even the houses. To clarify the disagreement between the unattributed opinion in the mishna and Rabbi Eliezer, Rabba said: If the seller said to the buyer that he is selling him dirata, i.e., the place of residence, everyone agrees that he means to sell the houses and that they are also included in the sale. When they disagree, it is where he said to him that he is selling him darta, i.e., the courtyard. One Sage, Rabbi Eliezer, holds that he means to sell only the garden, i.e., the space between the houses, and one Sage, the unattributed first opinion in the mishna, holds that he means to sell also the houses.

讗讬讻讗 讚讗诪专讬 讗诪专 专讘讛 讗讬 讚讗诪专 诇讬讛 讚专转讗 讚讻讜诇讬 注诇诪讗 诇讗 驻诇讬讙讬 讚讘转讬 诪砖诪注 讻讬 驻诇讬讙讬 讚讗诪专 诇讬讛 讞爪专 诪专 住讘专 讞爪专 讗讜讬专讗 诪砖诪注 讜诪专 住讘专 讻讞爪专 讛诪砖讻谉

Some state a different version of this discussion, according to which Rabba says: If the seller says to the buyer that he is selling him darta, everyone agrees that he means to sell also the houses and that they are included in the sale. When they disagree, it is where he said to him that he is selling him the 岣tzer, the Hebrew term for courtyard. One Sage, Rabbi Eliezer, holds that when he says 岣tzer, he means to sell him only the airspace, i.e., the open space of the courtyard itself, and one Sage, the unattributed first opinion in the mishna, holds that houses are also included in the sale, just as the courtyard of the Tabernacle included the Tabernacle itself.

讜讗诪专 专讘讛 讗诪专 专讘 谞讞诪谉 诪讻专 诇讜 讞讜诇住讬转 讜诪爪讜诇讛 讛讞讝讬拽 讘讞讜诇住讬转 诇讗 拽谞讛 诪爪讜诇讛 讛讞讝讬拽 讘诪爪讜诇讛 诇讗 拽谞讛 讞讜诇住讬转 讗讬谞讬 讜讛讗 讗诪专 砖诪讜讗诇 诪讻专 诇讜 注砖专 砖讚讜转 讘注砖专 诪讚讬谞讜转 讻讬讜谉 砖讛讞讝讬拽 讘讗讞转 诪讛谉 拽谞讛 讻讜诇谉

And Rabba says that Rav Na岣an says: If one sold another a sand field for glass making, and a pond for fishing or some other purpose, if the buyer took possession of the sand field in order to finalize the transaction, he has not acquired the pond and must therefore perform a separate act of acquisition for it. Conversely, if he took possession of the pond, he has not acquired the sand field. The Gemara asks: Is that so? But doesn鈥檛 Shmuel say: If one sold another ten fields in ten different regions, all in a single bill of sale, once he takes possession of one of them, he has acquired them all; and the two cases seem to be analogous.

讛转诐 讛讜讗 讚住讚谞讗 讚讗专注讗 讞讚 讛讜讗 讜讻讜诇讛 讞讚讗 转砖诪讬砖转讗 讛讜讗 讗讘诇 讛讻讗 讛讗 转砖诪讬砖转讗 诇讞讜讚 讜讛讗 转砖诪讬砖转讗 诇讞讜讚

The Gemara rejects the parallel: There, in the case of the ten fields, the land is all located in one geographic block, and it all has one use, i.e., to be farmed. The buyer, therefore, acquires all of the fields when he takes possession of one of them, even if they are not adjacent. But here, in the case of the sand field and the pond, this, the sand field, has a distinct use, i.e., to supply sand for glass making, and that, the pond, has a distinct use, i.e., for fishing. Therefore, taking possession of one of them does not effect a transfer of the other.

讜讗讬讻讗 讚讗诪专讬

And some state a different version of the previous discussion.

讗诪专 专讘讛 讗诪专 专讘 谞讞诪谉 讛讞讝讬拽 讘讞讜诇住讬转 拽谞讛 诪爪讜诇讛 驻砖讬讟讗 讚讛讗 讗诪专 砖诪讜讗诇 诪讻专 诇讜 注砖专 砖讚讜转 讜讻讜壮 诪讛讜 讚转讬诪讗 讛转诐 讛讜讗 讚住讚谞讗 讚讗专注讗 讞讚 讛讜讗 讗讘诇 讛讻讗 讛讗 转砖诪讬砖转讗 诇讞讜讚 讜讛讗 转砖诪讬砖转讗 诇讞讜讚 拽讗 诪砖诪注 诇谉

Rabba actually said that Rav Na岣an said: If one sold another a sand field and a pond, and the buyer took possession of the sand field, he has also acquired the pond. The Gemara asks: This is obvious, as Shmuel says: If one sold ten fields to another in ten different regions, once he takes possession of one of them, he has acquired them all. The Gemara explains why Rav Na岣an鈥檚 statement was nevertheless necessary: It is necessary lest you say that there, in the case of the ten fields, the land is all located in one geographic block with a single use, and therefore all the fields are acquired together. But here, in the case of the sand field and the pond, this, the sand field, has a distinct use, and that, the pond, has a distinct use, and therefore taking possession of one of them should not effect acquisition of the other. Therefore, Rav Na岣an teaches us that if the buyer took possession of the sand field, he has acquired the pond as well.

诪转谞讬壮 讛诪讜讻专 讘讬转 讛讘讚 诪讻专 讗转 讛讬诐 讜讗转 讛诪诪诇 讜讗转 讛讘转讜诇讜转 讗讘诇 诇讗 诪讻专 讗转 讛注讘讬专讬诐 讜讗转 讛讙诇讙诇 讜讗转 讛拽讜专讛 讜讘讝诪谉 砖讗诪专 诇讜 讛讜讗 讜讻诇 诪讛 砖讘转讜讻讜 讛专讬 讻讜诇谉 诪讻讜专讬谉 专讘讬 讗诇讬注讝专 讗讜诪专 讛诪讜讻专 讘讬转 讛讘讚 诪讻专 讗转 讛拽讜专讛

MISHNA: One who sells an olive press without specifying what is included in the sale has sold with it the yam and the memel and the betulot, the immovable elements of the olive press. But he has not sold with it the avirim and the galgal and the kora, the movable utensils of the olive press. When the seller says to the buyer: I am selling you it and everything that is in it, all these components are sold along with the olive press, even the movable utensils. Rabbi Eliezer says: One who sells an olive press has sold the kora as well, as it is the most fundamental element of the olive press.

讙诪壮 讬诐 讟诇驻讞讗 诪诪诇 讗诪专 专讘讬 讗讘讗 讘专 诪诪诇 诪驻专讻转讗 讘转讜诇讜转 讗诪专 专讘讬 讬讜讞谞谉 讻诇讜谞住讜转 砖诇 讗专讝 砖诪注诪讬讚讬谉 讘讛谉 讗转 讛拽讜专讛 注讘讬专讬诐 讻讘砖讬 讙诇讙诇 讞讜诪专转讗 拽讜专讛 拽讜专讛

GEMARA: The Gemara explains the terms used in the mishna. The yam is the lentil, the round stationary container into which the olives are placed before being crushed. As for the memel, Rabbi Abba bar Memel said: This is the crusher, the utensil used to pound and crush the olives. As for the betulot, Rabbi Yo岣nan said: These are the cedar posts [klonsot] that support the beam of the olive press. The avirim are the pressers, wooden boards that are placed on top of the crushed olives, and upon which the beam is lowered in order to press the olives. The galgal is the 岣mrata, a round stone that is placed on the beam to weigh it down. The kora is the heavy wooden beam used to press down upon the olives and thereby extract the oil.

转谞讜 专讘谞谉 讛诪讜讻专 讘讬转 讛讘讚 诪讻专 讗转 谞住专讬诐 讜讗转 讛讬拽讘讬诐 讜讗转 讛诪驻专讻讜转 讜讗转 讛专讬讞讬诐 讛转讞转讜谞讜转 讗讘诇 诇讗 讛注诇讬讜谞讛 讜讘讝诪谉 砖讗诪专 诇讜 讛讜讗 讜讻诇 诪讛 砖讘转讜讻讜 讛专讬 讻讜诇谉 诪讻讜专讬谉 讘讬谉 讻讱 讜讘讬谉 讻讱 诇讗 诪讻专 诇讗 讗转 讛注讘讬专讬诐 讜诇讗 讗转 讛砖拽讬谉 讜诇讗 讗转 讛诪专爪讜驻讬谉

The Sages taught in a baraita (Tosefta, 3:2): One who sells an olive press without specifying what is included in the sale has sold with it the boards that are fixed in place to hold the olives; and the vats for collecting the oil, and the crushers, used to pound and crush the olives before pressing them, and the lower millstone, i.e., the stationary millstone base; but not the upper millstone. But when the seller says to the buyer: I am selling you it and everything that is in it, all these components are sold. Both in this case, where he executes the sale without specification, and in that case, where he adds the phrase that he is selling everything that is in the olive press, he has not sold the wooden boards that are placed on top of the crushed olives when they are being pressed, nor has he sold the sacks, nor has he sold the leather bags for carrying the olives, as these are all movable goods that are not specifically part of the olive press.

专讘讬 讗诇讬注讝专 讗讜诪专 讛诪讜讻专 讘讬转 讛讘讚 诪讻专 讗转 讛拽讜专讛 砖诇讗 谞拽专讗 讘讬转 讛讘讚 讗诇讗 注诇 砖讜诐 拽讜专讛

Rabbi Eliezer says: One who sells an olive press has sold the heavy wooden beam used to press down upon the olives, as it is called an olive press [beit habad] only due to this beam, the most essential part of the press, and this beam is otherwise known as a bad.

诪转谞讬壮 讛诪讜讻专 讗转 讛诪专讞抓 诇讗 诪讻专 讗转 讛谞住专讬谉 讜讗转 讛住驻诇讬谉 讜讗转 讛讘诇谞讬讜转 讘讝诪谉 砖讗诪专 诇讜 讛讬讗 讜讻诇 诪讛 砖讘转讜讻讛 讛专讬 讻讜诇谉 诪讻讜专讬谉 讘讬谉 讻讱 讜讘讬谉 讻讱 诇讗 诪讻专 诇讗 讗转 讛诪讙讜专讜转 砖诇 诪讬诐 讜诇讗 讗转 讗讜爪专讜转 砖诇 注爪讬诐

MISHNA: One who sells a bathhouse without specifying what is included in the sale has not sold with it the boards that are placed on the floor, nor has he sold the basins or the curtains [habilaniyot]. When the seller says to the buyer: I am selling you it and everything that is in it, all these components are sold along with the bathhouse. Both in this case, where he executes the sale without specification, and in that case, where he adds the phrase that he is selling everything that is in the bathhouse, he has not sold the tanks of water, nor has he sold the storerooms for wood, as an explicit sales agreement is required for these matters.

讙诪壮 转谞讜 专讘谞谉 讛诪讜讻专 讗转 讛诪专讞抓 诪讻专 讗转 讘讬转 讛谞住专讬谉 讜讗转 讘讬转 讛讬拽诪讬谉 讜讗转 讘讬转 讛住驻诇讬诐 讜讗转 讘讬转 讛讜讬诇讗讜转 讗讘诇 诇讗 讗转 谞住专讬谉 注爪诪谉 讜诇讗 讬拽诪讬谉 注爪诪谉 讜诇讗 住驻诇讬诐 注爪诪谉 讜诇讗 讜讬诇讗讜转 注爪诪谉 讜讘讝诪谉 砖讗诪专 诇讜 讛讬讗 讜讻诇 诪讛 砖讘转讜讻讛 讛专讬 讻讜诇谉 诪讻讜专讬谉 讘讬谉 讻讱 讜讘讬谉 讻讱 诇讗 诪讻专 诇讜 讗转 讛讘专讬讻讜转 讛诪住驻拽讜转 诇讜 诪讬诐 讘讬谉

GEMARA: The Sages taught in a baraita (Tosefta, 3:3): One who sells a bathhouse without specifying what is included in the sale has sold with it the storeroom for the boards, and the storeroom for the implements called yekamin, and the storeroom for the basins, and the storeroom for the curtains [vilaot], but he has not sold the boards themselves, nor the yekamin themselves, nor the basins themselves, nor the curtains themselves. When the seller says to the buyer: I am selling you it and everything that is in it, all these components are sold along with the bathhouse. Both in this case, where he executes the sale without specification, and in that case, where he adds the phrase that he is selling everything that is in the bathhouse, he has not sold him the pools that supply him with water, whether

  • This month's learning is sponsored by Ron and Shira Krebs to commemorate the 73rd yahrzeit of Shira's grandfather (Yitzchak Leib Ben David Ber HaCohen v'Malka), the 1st yahrzeit of Shira's father (Gershon Pinya Ben Yitzchak Leib HaCohen v'Menucha Sara), and the bar mitzvah of their son Eytan who will be making a siyum on Mishna Shas this month.

  • This month's learning is sponsored for the Refuah Shlemah of Naama bat Yael Esther.

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Bava Batra 67

The William Davidson Talmud | Powered by Sefaria

Bava Batra 67

讗讙讘讛 注讬砖讜专 谞讻住讬 讗驻讬诇讜 诪讗爪讟专讜讘诇讬 讚专讬讞讬讬诐 讗诪专 专讘 讗砖讬 讻讬 讛讜讬谞谉 讘讬 专讘 讻讛谞讗 诪讙讘讬谞谉 讗驻讬诇讜 诪注诪诇讗 讚讘转讬

collect for her one-tenth of her father鈥檚 estate, in keeping with the rabbinic ordinance that states that if a man dies, his sons are obligated to give his daughter a tenth of his landed properties as a dowry, and collect it even from his immovable lower millstones, as they too are considered landed property. Rav Ashi said: When we were students in Rav Kahana鈥檚 house we would collect for this purpose even from the rent of houses; since this money is earned from real estate, it too has the status of landed property and is included in the dowry calculations.

诪转谞讬壮 讛诪讜讻专 讗转 讛讞爪专 诪讻专 讘转讬诐 讘讜专讜转 砖讬讞讬谉 讜诪注专讜转 讗讘诇 诇讗 讗转 讛诪讟诇讟诇讬谉 讘讝诪谉 砖讗诪专 诇讜 讛讜讗 讜讻诇 诪讛 砖讘转讜讻讜 讛专讬 讻讜诇谉 诪讻讜专讬谉 讘讬谉 讻讱 讜讘讬谉 讻讱 诇讗 诪讻专 诇讗 讗转 讛诪专讞抓 讜诇讗 讗转 讘讬转 讛讘讚 砖讘转讜讻讛 专讘讬 讗诇讬注讝专 讗讜诪专 讛诪讜讻专 讗转 讛讞爪专 诇讗 诪讻专 讗诇讗 讗讜讬专讛 砖诇 讞爪专

MISHNA: One who sells a courtyard without specifying what is included in the sale has sold with it the houses, pits, ditches, and caves found in the courtyard, but he has not sold the movable property. When the seller says to the buyer: I am selling you it and everything that is in it, all these components are sold along with the courtyard, even the movable property. Both in this case, where he executes the sale without specification, and in that case, where he adds the phrase that includes the movable property, he has not sold the bathhouse, nor has he sold the olive press that is in the courtyard, as each is an entity with a discrete purpose and not an integral part of the courtyard. Rabbi Eliezer says: One who sells a courtyard without specifying what is included in the sale has sold only the airspace, i.e., the open space, of the courtyard, but nothing found in the courtyard, not even the houses.

讙诪壮 转谞讜 专讘谞谉 讛诪讜讻专 讗转 讛讞爪专 诪讻专 讘转讬诐 讛讞讬爪讜谞讬诐 讜讘转讬诐 讛驻谞讬诪讬诐 讜讘讬转 讛讞讜诇住讗讜转 讞谞讜讬讜转 驻转讜讞讜转 诇转讜讻讛 谞诪讻专讜转 注诪讛 讜砖讗讬谉 驻转讜讞讜转 诇转讜讻讛 讗讬谉 谞诪讻专讜转 注诪讛 驻转讜讞讜转 诇讻讗谉 讜诇讻讗谉 [讗诇讜] 讜讗诇讜 谞诪讻专讜转 注诪讛 专讘讬 讗诇讬注讝专 讗讜诪专 讛诪讜讻专 讗转 讛讞爪专 诇讗 诪讻专 讗诇讗 诪讬诇讜住讗 砖诇 讞爪专

GEMARA: The Sages taught in a baraita (Tosefta, 3:1): One who sells a courtyard has sold with it the outer houses that can be accessed directly from the courtyard, and the inner houses that can be entered only via the outer houses, and the area of the sand fields [uveit ha岣lsaot]. As for the stores, those that open into the courtyard are sold along with it; those that do not open into it, but rather open into the public domain, even if they are located in the courtyard, are not sold along with it; and those that open both into this courtyard and into that other public domain are grouped together with those that open into this courtyard alone, and both these and those are sold with it. Rabbi Eliezer says: One who sells a courtyard without specifying what is included in the sale has sold only the open space of the courtyard.

讗诪专 诪专 驻转讜讞讜转 诇讻讗谉 讜诇讻讗谉 谞诪讻专讜转 注诪讛 讜讛讗 转谞讬 专讘讬 讞讬讬讗 讗讬谉 谞诪讻专讜转 注诪讛 诇讗 拽砖讬讗 讛讗 讚专讜讘 转砖诪讬砖转讬讬讛讜 诇讙讜 讛讗 讚专讜讘 转砖诪讬砖转讬讬讛讜 诇讘专

The Master said in the baraita: Stores that open both into this courtyard and into that public domain are sold along with the courtyard. The Gemara raises an objection: But didn鈥檛 Rabbi 岣yya teach a baraita that states that such stores are not sold with the courtyard? The Gemara answers that this is not difficult: This baraita, that teaches that the stores are sold along with the courtyard, is referring to a case where the majority of their use is from within, i.e., the stores are mainly accessed from within the courtyard, while that baraita of Rabbi 岣yya, that teaches that the stores are not sold along with the courtyard, is referring to a case where the majority of their use is from without, i.e., the stores are accessed mainly from the public domain.

专讘讬 讗诇讬注讝专 讗讜诪专 讛诪讜讻专 讗转 讛讞爪专 诇讗 诪讻专 讗诇讗 讗讜讬专讛 砖诇 讞爪专 讗诪专 专讘讛 讗讬 讚讗诪专 诇讬讛 讚讬专转讗 讚讻讜诇讬 注诇诪讗 诇讗 驻诇讬讙讬 讚讘转讬 诪砖诪注 讻讬 驻诇讬讙讬 讚讗诪专 诇讬讛 讚专转讗 诪专 住讘专 转专讘讬爪讗 诪砖诪注 讜诪专 住讘专 讘转讬 诪砖诪注

The mishna teaches, and it was similarly taught in the baraita, that Rabbi Eliezer says: One who sells a courtyard has sold only the airspace of the courtyard, and he has sold nothing found in the courtyard, not even the houses. To clarify the disagreement between the unattributed opinion in the mishna and Rabbi Eliezer, Rabba said: If the seller said to the buyer that he is selling him dirata, i.e., the place of residence, everyone agrees that he means to sell the houses and that they are also included in the sale. When they disagree, it is where he said to him that he is selling him darta, i.e., the courtyard. One Sage, Rabbi Eliezer, holds that he means to sell only the garden, i.e., the space between the houses, and one Sage, the unattributed first opinion in the mishna, holds that he means to sell also the houses.

讗讬讻讗 讚讗诪专讬 讗诪专 专讘讛 讗讬 讚讗诪专 诇讬讛 讚专转讗 讚讻讜诇讬 注诇诪讗 诇讗 驻诇讬讙讬 讚讘转讬 诪砖诪注 讻讬 驻诇讬讙讬 讚讗诪专 诇讬讛 讞爪专 诪专 住讘专 讞爪专 讗讜讬专讗 诪砖诪注 讜诪专 住讘专 讻讞爪专 讛诪砖讻谉

Some state a different version of this discussion, according to which Rabba says: If the seller says to the buyer that he is selling him darta, everyone agrees that he means to sell also the houses and that they are included in the sale. When they disagree, it is where he said to him that he is selling him the 岣tzer, the Hebrew term for courtyard. One Sage, Rabbi Eliezer, holds that when he says 岣tzer, he means to sell him only the airspace, i.e., the open space of the courtyard itself, and one Sage, the unattributed first opinion in the mishna, holds that houses are also included in the sale, just as the courtyard of the Tabernacle included the Tabernacle itself.

讜讗诪专 专讘讛 讗诪专 专讘 谞讞诪谉 诪讻专 诇讜 讞讜诇住讬转 讜诪爪讜诇讛 讛讞讝讬拽 讘讞讜诇住讬转 诇讗 拽谞讛 诪爪讜诇讛 讛讞讝讬拽 讘诪爪讜诇讛 诇讗 拽谞讛 讞讜诇住讬转 讗讬谞讬 讜讛讗 讗诪专 砖诪讜讗诇 诪讻专 诇讜 注砖专 砖讚讜转 讘注砖专 诪讚讬谞讜转 讻讬讜谉 砖讛讞讝讬拽 讘讗讞转 诪讛谉 拽谞讛 讻讜诇谉

And Rabba says that Rav Na岣an says: If one sold another a sand field for glass making, and a pond for fishing or some other purpose, if the buyer took possession of the sand field in order to finalize the transaction, he has not acquired the pond and must therefore perform a separate act of acquisition for it. Conversely, if he took possession of the pond, he has not acquired the sand field. The Gemara asks: Is that so? But doesn鈥檛 Shmuel say: If one sold another ten fields in ten different regions, all in a single bill of sale, once he takes possession of one of them, he has acquired them all; and the two cases seem to be analogous.

讛转诐 讛讜讗 讚住讚谞讗 讚讗专注讗 讞讚 讛讜讗 讜讻讜诇讛 讞讚讗 转砖诪讬砖转讗 讛讜讗 讗讘诇 讛讻讗 讛讗 转砖诪讬砖转讗 诇讞讜讚 讜讛讗 转砖诪讬砖转讗 诇讞讜讚

The Gemara rejects the parallel: There, in the case of the ten fields, the land is all located in one geographic block, and it all has one use, i.e., to be farmed. The buyer, therefore, acquires all of the fields when he takes possession of one of them, even if they are not adjacent. But here, in the case of the sand field and the pond, this, the sand field, has a distinct use, i.e., to supply sand for glass making, and that, the pond, has a distinct use, i.e., for fishing. Therefore, taking possession of one of them does not effect a transfer of the other.

讜讗讬讻讗 讚讗诪专讬

And some state a different version of the previous discussion.

讗诪专 专讘讛 讗诪专 专讘 谞讞诪谉 讛讞讝讬拽 讘讞讜诇住讬转 拽谞讛 诪爪讜诇讛 驻砖讬讟讗 讚讛讗 讗诪专 砖诪讜讗诇 诪讻专 诇讜 注砖专 砖讚讜转 讜讻讜壮 诪讛讜 讚转讬诪讗 讛转诐 讛讜讗 讚住讚谞讗 讚讗专注讗 讞讚 讛讜讗 讗讘诇 讛讻讗 讛讗 转砖诪讬砖转讗 诇讞讜讚 讜讛讗 转砖诪讬砖转讗 诇讞讜讚 拽讗 诪砖诪注 诇谉

Rabba actually said that Rav Na岣an said: If one sold another a sand field and a pond, and the buyer took possession of the sand field, he has also acquired the pond. The Gemara asks: This is obvious, as Shmuel says: If one sold ten fields to another in ten different regions, once he takes possession of one of them, he has acquired them all. The Gemara explains why Rav Na岣an鈥檚 statement was nevertheless necessary: It is necessary lest you say that there, in the case of the ten fields, the land is all located in one geographic block with a single use, and therefore all the fields are acquired together. But here, in the case of the sand field and the pond, this, the sand field, has a distinct use, and that, the pond, has a distinct use, and therefore taking possession of one of them should not effect acquisition of the other. Therefore, Rav Na岣an teaches us that if the buyer took possession of the sand field, he has acquired the pond as well.

诪转谞讬壮 讛诪讜讻专 讘讬转 讛讘讚 诪讻专 讗转 讛讬诐 讜讗转 讛诪诪诇 讜讗转 讛讘转讜诇讜转 讗讘诇 诇讗 诪讻专 讗转 讛注讘讬专讬诐 讜讗转 讛讙诇讙诇 讜讗转 讛拽讜专讛 讜讘讝诪谉 砖讗诪专 诇讜 讛讜讗 讜讻诇 诪讛 砖讘转讜讻讜 讛专讬 讻讜诇谉 诪讻讜专讬谉 专讘讬 讗诇讬注讝专 讗讜诪专 讛诪讜讻专 讘讬转 讛讘讚 诪讻专 讗转 讛拽讜专讛

MISHNA: One who sells an olive press without specifying what is included in the sale has sold with it the yam and the memel and the betulot, the immovable elements of the olive press. But he has not sold with it the avirim and the galgal and the kora, the movable utensils of the olive press. When the seller says to the buyer: I am selling you it and everything that is in it, all these components are sold along with the olive press, even the movable utensils. Rabbi Eliezer says: One who sells an olive press has sold the kora as well, as it is the most fundamental element of the olive press.

讙诪壮 讬诐 讟诇驻讞讗 诪诪诇 讗诪专 专讘讬 讗讘讗 讘专 诪诪诇 诪驻专讻转讗 讘转讜诇讜转 讗诪专 专讘讬 讬讜讞谞谉 讻诇讜谞住讜转 砖诇 讗专讝 砖诪注诪讬讚讬谉 讘讛谉 讗转 讛拽讜专讛 注讘讬专讬诐 讻讘砖讬 讙诇讙诇 讞讜诪专转讗 拽讜专讛 拽讜专讛

GEMARA: The Gemara explains the terms used in the mishna. The yam is the lentil, the round stationary container into which the olives are placed before being crushed. As for the memel, Rabbi Abba bar Memel said: This is the crusher, the utensil used to pound and crush the olives. As for the betulot, Rabbi Yo岣nan said: These are the cedar posts [klonsot] that support the beam of the olive press. The avirim are the pressers, wooden boards that are placed on top of the crushed olives, and upon which the beam is lowered in order to press the olives. The galgal is the 岣mrata, a round stone that is placed on the beam to weigh it down. The kora is the heavy wooden beam used to press down upon the olives and thereby extract the oil.

转谞讜 专讘谞谉 讛诪讜讻专 讘讬转 讛讘讚 诪讻专 讗转 谞住专讬诐 讜讗转 讛讬拽讘讬诐 讜讗转 讛诪驻专讻讜转 讜讗转 讛专讬讞讬诐 讛转讞转讜谞讜转 讗讘诇 诇讗 讛注诇讬讜谞讛 讜讘讝诪谉 砖讗诪专 诇讜 讛讜讗 讜讻诇 诪讛 砖讘转讜讻讜 讛专讬 讻讜诇谉 诪讻讜专讬谉 讘讬谉 讻讱 讜讘讬谉 讻讱 诇讗 诪讻专 诇讗 讗转 讛注讘讬专讬诐 讜诇讗 讗转 讛砖拽讬谉 讜诇讗 讗转 讛诪专爪讜驻讬谉

The Sages taught in a baraita (Tosefta, 3:2): One who sells an olive press without specifying what is included in the sale has sold with it the boards that are fixed in place to hold the olives; and the vats for collecting the oil, and the crushers, used to pound and crush the olives before pressing them, and the lower millstone, i.e., the stationary millstone base; but not the upper millstone. But when the seller says to the buyer: I am selling you it and everything that is in it, all these components are sold. Both in this case, where he executes the sale without specification, and in that case, where he adds the phrase that he is selling everything that is in the olive press, he has not sold the wooden boards that are placed on top of the crushed olives when they are being pressed, nor has he sold the sacks, nor has he sold the leather bags for carrying the olives, as these are all movable goods that are not specifically part of the olive press.

专讘讬 讗诇讬注讝专 讗讜诪专 讛诪讜讻专 讘讬转 讛讘讚 诪讻专 讗转 讛拽讜专讛 砖诇讗 谞拽专讗 讘讬转 讛讘讚 讗诇讗 注诇 砖讜诐 拽讜专讛

Rabbi Eliezer says: One who sells an olive press has sold the heavy wooden beam used to press down upon the olives, as it is called an olive press [beit habad] only due to this beam, the most essential part of the press, and this beam is otherwise known as a bad.

诪转谞讬壮 讛诪讜讻专 讗转 讛诪专讞抓 诇讗 诪讻专 讗转 讛谞住专讬谉 讜讗转 讛住驻诇讬谉 讜讗转 讛讘诇谞讬讜转 讘讝诪谉 砖讗诪专 诇讜 讛讬讗 讜讻诇 诪讛 砖讘转讜讻讛 讛专讬 讻讜诇谉 诪讻讜专讬谉 讘讬谉 讻讱 讜讘讬谉 讻讱 诇讗 诪讻专 诇讗 讗转 讛诪讙讜专讜转 砖诇 诪讬诐 讜诇讗 讗转 讗讜爪专讜转 砖诇 注爪讬诐

MISHNA: One who sells a bathhouse without specifying what is included in the sale has not sold with it the boards that are placed on the floor, nor has he sold the basins or the curtains [habilaniyot]. When the seller says to the buyer: I am selling you it and everything that is in it, all these components are sold along with the bathhouse. Both in this case, where he executes the sale without specification, and in that case, where he adds the phrase that he is selling everything that is in the bathhouse, he has not sold the tanks of water, nor has he sold the storerooms for wood, as an explicit sales agreement is required for these matters.

讙诪壮 转谞讜 专讘谞谉 讛诪讜讻专 讗转 讛诪专讞抓 诪讻专 讗转 讘讬转 讛谞住专讬谉 讜讗转 讘讬转 讛讬拽诪讬谉 讜讗转 讘讬转 讛住驻诇讬诐 讜讗转 讘讬转 讛讜讬诇讗讜转 讗讘诇 诇讗 讗转 谞住专讬谉 注爪诪谉 讜诇讗 讬拽诪讬谉 注爪诪谉 讜诇讗 住驻诇讬诐 注爪诪谉 讜诇讗 讜讬诇讗讜转 注爪诪谉 讜讘讝诪谉 砖讗诪专 诇讜 讛讬讗 讜讻诇 诪讛 砖讘转讜讻讛 讛专讬 讻讜诇谉 诪讻讜专讬谉 讘讬谉 讻讱 讜讘讬谉 讻讱 诇讗 诪讻专 诇讜 讗转 讛讘专讬讻讜转 讛诪住驻拽讜转 诇讜 诪讬诐 讘讬谉

GEMARA: The Sages taught in a baraita (Tosefta, 3:3): One who sells a bathhouse without specifying what is included in the sale has sold with it the storeroom for the boards, and the storeroom for the implements called yekamin, and the storeroom for the basins, and the storeroom for the curtains [vilaot], but he has not sold the boards themselves, nor the yekamin themselves, nor the basins themselves, nor the curtains themselves. When the seller says to the buyer: I am selling you it and everything that is in it, all these components are sold along with the bathhouse. Both in this case, where he executes the sale without specification, and in that case, where he adds the phrase that he is selling everything that is in the bathhouse, he has not sold him the pools that supply him with water, whether

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