POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Bava Basra 65
BAVA BASRA 61-67 - This week's study material has been dedicated by Mrs.
Rita Grunberger of Queens, N.Y., in loving memory of her husband, Reb
Yitzchok Yakov ben Eliyahu Grunberger. Irving Grunberger helped many people
quietly in an unassuming manner and is dearly missed by all who knew him.
His Yahrzeit is 10 Sivan.
1) THE HALACHAH
(a) (Rav Huna citing Rav): The Halachah follows Chachamim.
2) WHAT IS INCLUDED IN A HOUSE
(b) (R. Yirmeyah bar Aba citing Shmuel): The Halachah follows
(c) R. Yirmeyah bar Aba: But many times I said in front of
Rav that the Halachah follows R. Akiva, and he did not
(d) Rav Huna: How do you learn the argument?
(e) R. Yirmeyah: R. Akiva says that a person sells stingily,
Chachamim say that a person sells generously.
(f) Rav Huna: He did not respond, for the Halachah is, a
person sells stingily; according to your version of the
argument, the Halachah follows R. Akiva.
(g) Suggestion (Ravina): Rav and Shmuel hold as they hold
1. (Rav Nachman citing Shmuel): Brothers who divide an
inheritance (are like buyers and sellers); they do
not have rights to walk over each other's property
(because they sell generously, even if one can only
get to his property through his brother's), they
have no rights to set up ladders or have windows (to
exclude the other from building near it) nor run an
irrigation ditch through the other's property;
(h) They must argue in both cases.
2. (Rav): They have all these rights against each
(i) If they only argued regarding brothers, one might have
thought that Rav's reason is that the heirs are entitled
to live as their father did - "Tachas.Avosecha Yihyu
Vanecha" - but normally, Rav holds that a person sells
(j) If they only argued regarding a regular sale, one might
have thought that Shmuel would agree regarding brothers
(k) Rav Nachman: Is the Halachah like us (Shmuel and his
Talmidim), or like you (and Rav)?
(l) Rav Huna: It is like you, for you are close to the Reish
Galusa and see how the judges rule.
(m) Reuven owned an inner house and an outer house. If he
sold or gave them (at the same time) the inner house to
Shimon and the outer house to Levi, neither has rights to
walk through the other, all the more so if he gave the
outer house and sold the inner house (for he favors Levi,
he gave him a gift).
(n) Suggestion: Also if he gave the inner house and sold the
outer house, neither has rights to walk through the
(o) Rejection: That is wrong.
1. (Mishnah): This applies to a sale, but one who gives
(a gift), he gives everything.
2. Inference: A person gives generously.
3. Also regarding the houses, Reuven gives generously
to Shimon, and included a path.
(a) (Mishnah): One who sells a house, he sells the door, but
not the key; he sells a grinder attached to the floor,
but not an unattached grinder; he sells the frame around
a millstone, but not the funnel, nor Tanur or Kirayim
(types of ovens);
1. If he said 'The house and everything inside', they
are all included.
(b) Suggestion: Our Mishnah is not like R. Meir, for he says
that one who sells a vineyard includes everything needed
for the vineyard.
3) WHAT IS CONSIDERED LIKE LAND
(c) Rejection: Our Mishnah is even like R. Meir - R. Meir
only includes things that are stationary; our Mishnah
excludes things that are moved.
(d) Objection: But the key is not sold, and presumably, it is
like the door (that it is taught with), i.e. it is fixed!
(e) Conclusion: Indeed, the Mishnah is not like R. Meir.
(f) (Beraisa): One who sells a house sells the door, the
latch (fixed in the wall), and the lock (fixed in the
door), but not the key;
(g) He sells a grinder that is carved into the wall, not one
which is affixed; he sells the frame around a millstone,
but not the funnel, nor Tanur or Kirayim or a millstone;
(h) R. Eliezer says, anything attached to the ground is like
(i) If he said 'The house and everything inside', all these
1. In any case, he did not include a pit, cistern or
(a) (Beraisa): A pipe that was hollowed out and then attached
(is considered a vessel), it disqualifies a Mikveh (if
three Lugim of water from it fall into a Mikveh with less
than 40 Se'ah of water, the Mikveh is disqualified (even
when it will have enough water))l
1. If it was attached and then hollowed out (it is not
considered a vessel), it does not disqualify a
(b) Question: The Beraisa is not like R. Eliezer, nor like
1. Question: What did R. Eliezer say that is unlike
i. Suggestion: His opinion about the house
(anything attached to the ground is like the
ground) is unlike the Beraisa.
2. Answer #1: R. Eliezer's opinion about a beehive (as
follows) is unlike the Beraisa.
ii. Rejection: Perhaps he holds that a person sells
generously (but really, not everything attached
is considered like ground), and Chachamim hold
that he sells stingily!