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Babylonian Talmud: Tractate Baba Bathra
collect for her a tenth part of her father's estate1 even from the casing of a handmill.2 R. Ashi said: When we were in the court of R. Kahana, we used to collect such dues from the rent of houses also.3
MISHNAH. IF A MAN SELLS A COURTYARD HE [AUTOMATICALLY] SELLS THE HOUSES, PITS, DITCHES AND CAVES [ATTACHED TO IT,] BUT NOT MOVABLES. IF, HOWEVER, HE SAYS TO THE PURCHASER, [I SELL] IT AND ALL ITS CONTENTS, ALL ARE INCLUDED IN THE SALE.4 IN EITHER CASE, HOWEVER, HE DOES NOT SELL A BATH OR AN OLIVE PRESS THAT MAY BE IN IT. R. ELIEZER SAYS: IF A MAN SELLS A COURTYARD, HE ONLY SELLS WITH IT THE SPACE OF THE COURTYARD.5
GEMARA. Our Rabbis taught: If a man sells a courtyard he sells [with it] the outer and the inner apartments,6 and the sand-field7 in it. As to the shops, those that open on to it8 are sold with it, those that do not open on to it9 are not. Those that open on to both sides are sold with it. R. Eliezer says: If a man sells a court he sells only the air of the court.
The Master says [here] that shops opening on to both sides are sold with the courtyard. [How can this be,] Seeing that R. Hiyya has learned that they are not sold with it? — There is no contradiction. The former speaks of shops of which the main entrance is in the courtyard,10 the latter of those of which the main entrance is in the street.
R. ELIEZER SAYS: IF A MAN SELLS A COURTYARD, HE SELLS ONLY THE SPACE OF THE COURTYARD. Raba said: If the vendor says [in Babylonia], I sell you a diretha,11 no one disputes that he means the apartments. Where the authorities differ is when he says darta,12 one [R. Eliezer] holding that in that case he means the open space only, the other [the Rabbis] that he means the apartments as well. According to another version: Raba said: If he said darta, all are agreed that he meant the apartments as well. Where they differ is in the case where he said 'hazer',13 one holding that this means only the space of the courtyard and the other that it is analogous to the courtyard of the Tabernacle.14
Raba further said: If a man sells another the shore15 of a river and its bed,16 if the purchaser takes possession of the shore he does not thereby acquire ownership of the bed, and if he takes possession of the bed he does not thereby acquire ownership of the shore.17 Is that so? Has not Samuel laid down that if a man sells another ten fields in ten different provinces, as soon as the purchaser has taken formal possession of one18 he becomes owner of all? — The reason there is that the earth is all one stretch19 and all [the properties] are utilised in the same way. Here, however, one thing is for one purpose and the other for another.
According to another version,
Baba Bathra 67b
Raba said in the name of R. Nahman: If the purchaser takes formal possession of the shore he becomes thereby owner of the bed. Surely this is self-evident, since Samuel has laid down that if a man sells the fields, etc.? — You might argue that in that case the reason is that all the earth is one stretch, but here one thing is used for one purpose and the other for another. Now I know [that we do not argue thus].
MISHNAH. IF A MAN SELLS AN OLIVE PRESS, HE [AUTOMATICALLY] SELLS THEREWITH THE SEA AND THE POUNDING STONE AND THE 'MAIDENS', BUT HE DOES NOT SELL THE THWARTS NOR THE WHEEL NOR THE BEAM.1 IF, HOWEVER, HE SAYS TO THE PURCHASER, '[I SELL] IT AND ALL ITS CONTENTS', ALL THESE THINGS ARE INCLUDED IN THE SALE. R. ELIEZER SAYS THAT IF A MAN SELLS AN OLIVE PRESS HE INCLUDES THE BEAM.2
GEMARA. The SEA is [what is called in Aramaic] 'lentil'.3 The POUNDING STONE, according to R. Abba bar Memel, is [what is called in Aramaic] 'crusher'.4 The 'MAIDENS', according to R. Johanan, are cedar posts by which the beam is supported.5 By THWARTS is meant planks.6 The WHEEL is a winch.7 The BEAM is actually a beam.
Our Rabbis taught: If a man sells an olive press, he sells therewith the planks8 and the tanks and the crushers and the lower millstone but not the upper one.9 If he uses the formula 'it and all its contents', all these are sold with it. In either case he does not sell the stirrers nor the sacks and leather bags.10 R. Eliezer says that if a man sells an olive press he automatically includes the beam, since it is this which gives the olive press its name.
MISHNAH. IF A MAN SELLS A BATH HE DOES NOT [AUTOMATICALLY] INCLUDE EITHER THE PLANKS11 OR THE BASINS12 OR THE BATHING APPAREL.13 IF HE SAYS TO THE PURCHASER, [I SELL YOU] 'IT AND ALL ITS CONTENTS', ALL THESE ARE INCLUDED. IN EITHER CASE HE DOES NOT SELL THE CISTERNS OF WATER NOR THE SHEDS FOR WOOD.14
GEMARA. Our Rabbis taught: If a man sells a bath, he [automatically] includes the cupboards for the boards and for the head towels15 and for the basins and the curtains,16 but not the boards nor the head towels nor the basins nor the curtains themselves. If he says to the purchaser, ['I sell you] it and all its contents', all these are included. In either case he does not include the pools which supply him with water whether
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