Bava Basra - Daf 67

• Audio Timestamps

0:00 - The 3 Sugyos

2:56 - Review of 3 Sugyos

5:43- Siman

8:33 - 4 Blatt Back Chazarah

16:07 - Pop Quiz (Last 7 blatt)

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• What is included in the sale of a chatzeir

The next Mishnah states: המוכר את החצר מכר בתים בורות שיחין ומערות – one who sells a courtyard automatically sell the houses, pits, cisterns, and vaults in the chatzeir, אבל לא את המטלטלין – but not the movable items there. If he said: הוא וכל מה שבתוכו – “I am selling [the chatzeir] and everything in it,” then all מטלטלין used exclusively with the chatzeir are included. Either way, a bathhouse or olive press in the chatzeir are not sold with it. Rebbe Eliezer says: המוכר את החצר לא מכר אלא אוירה של חצר – one who sells a chatzeir sold nothing but its open areas [the Gemara discusses if they argue about the word "דרתא", or the word "חצר", and explains the point of contention]. A Baraisa teaches that shops which open into the chatzeir are sold with it, but not shops which do not open into the chatzeir (rather, to the street). Shops which open into both are sold with it. This contradicts a Baraisa of Rebbe Chiya which says such shops are not sold with the chatzeir, and the Gemara answers that the first Baraisa’s case is דרוב תשמישתייהו לגו – where most of its [business] is from inside the chatzeir, and the second Baraisa is where most of its business is from the street.

• If a chazakah on a sand-field acquires a riverbed, and vice versa

Rav Nachman said: מכר לו חולסית ומצולה – if one sold to [another] both a sand-field and a riverbed, החזיק בחולסית לא קנה מצולה – if [the buyer] made a kinyan chazakah on the sand-field, he has not yet acquired the riverbed, or vice versa, even if they are adjacent to each other. Since they are distinct properties, a chazakah on one does not acquire the other. The Gemara asks that Shmuel ruled otherwise, that if one sold ten pieces of land in ten provinces, כיון שהחזיק באחת מהן קנה כולן – once [the buyer] made a kinyan chazakah in one of them, he acquires them all!? The Gemara answers that there, דסדנא דארעא חד הוא – the mass of earth is one, וכולה חדא תשמישתא הוא – and all [the acquired property] serves one function (i.e., producing crops), and can all be acquired with one chazakah. Here, the sand-field and riverbed serve different purposes, and cannot be acquired with one chazakah.

In another version, Rav Nachman said a chazakah on one of these properties does acquire the other, despite their serving different functions.

• What is included in the sale of an olive press, or a bathhouse

The next Mishnah lists what is sold together with an olive press. The “pool” (which holds the olives), the “crusher” (the mortar where they are first crushed), and the “maidens” (the cedar poles that support the beam which presses the olives) are sold with the olive press. However, he does not sell the pole, wheel, and beam, which are portable. If he said, “I am selling הוא וכל מה שבתוכו – it and everything in it,” these items are also sold. A Baraisa teaches that even so, he does not sell items which are not used exclusively with the olive press, such as cloth sacks. Rebbe Eliezer says: המוכר בית הבד מכר את הקורה – one who sells an olive press automatically sells the beam, and he explains in a Baraisa: שלא נקרא בית הבד אלא על שום קורה – for it is only called an olive press because of its beam. The next Mishnah teaches what is sold together with a bathhouse, which follows the same guidelines.

Siman - Sizzling Barbecue

The man who bought a chatzeir to host a grand family barbecue and was disappointed that the portable sizzling grill was not included in the sale, and that when he sent his son to make a kinyan chazakah on the nearby sand-field for the volley ball game he wasn’t also koneh the riverbed nearby, was relieved that the seller of the olive press said he is selling it “and everything in it” so at least they would have olive oil for their salad.