Baba Basra 4:9-5:1

Baba Basra 4:9

The sale of a field does not include stones that are not necessary for its protection, reeds in a vineyard that are not necessary to support the vines, or grain that has been detached from the soil. If the seller specifies that the sale includes everything in the field, then all of these things are included. In any event, the sale does not include a reed fence that is a beis rova in area (about 15’ x 15’), a guard booth that is made using clay, a carob tree that has been grafted, a fully grown sycamore, a well, a wine press or a pigeon coop, regardless of whether these things were in use or abandoned. The seller (who retains these things) must purchase right of way for himself; this is the opinion of Rabbi Akiva but the Sages say he need not purchase right of way. Rabbi Akiva agrees that if the seller specifically excluded these things then he need not purchase right of way. If the seller sold these things to a different buyer, Rabbi Akiva says that the new buyer need not purchase right of way but the Sages say that he must. These items are not included when one sells a field but if someone gives a field as a gift, it includes everything. If brothers divided their inheritance, taking possession of a field means taking possession of everything in it. When someone takes possession of a convert's property (when the convert dies leaving no heirs), if he takes possession of a field, that includes everything in the field. If a person consecrates a field, he consecrates everything in the field. Rabbi Shimon says that if someone consecrates a field, he only consecrates grafted carob trees and fully-grown sycamores (but not the other items we have been discussing).

Baba Basra 5:1

If a person sells a ship, the sale includes the mast, the sail, the anchor and the oars but not the servants, the duffel bags or the cargo. If the seller specifies that the sale includes everything on the ship, then all of these things are included. The sale of a wagon does not include mules and the sale of mules does not include the wagon. The sale of a yoke does not include the oxen and the sale of oxen does not include the yoke. Rabbi Yehuda says that the amount of cash exchanged tells us what was sold. For example, if a person offered to purchase a yoke for 200 zuz, that’s way too much money (so he obviously means to include the oxen). The Sages say that the money exchanged is not proof of what was included.