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 71
BAVA BASRA 71-75 - Sponsored by a generous grant from an anonymous
donor. Kollel Iyun Hadaf is indebted to him for his
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1) WHAT IS INCLUDED WITH A FIELD
(a) (Mishnah - R. Akiva): (One who sells a field) does not
sell the pit, winery or dovecote, whether these are
barren or full; he must buy a path to them;
2) A PERSON GIVES GENEROUSLY
(b) Chachamim say, he need not buy a path;
1. R. Akiva admits, if he said 'Except for these', he
need not buy a path.
(c) R. Akiva says, if Reuven sold his field to Shimon, and
the pit, winery or dovecote to Levi, Levi need not buy a
(d) Chachamim say, he must buy a path.
(e) This refers to one who sells, but one who gives a gift
gives all of them.
(f) Brothers that divide an inheritance acquire all of these
with a field.
(g) If one makes Chazakah to acquire a (Hefker) field of a
convert (who died without heirs), he acquires all of
(h) If one makes a field Hekdesh, they all become Hekdesh;
(i) R. Shimon says, (of all these things,) only grafted carob
and sycamore stumps are Hekdesh.
(a) (Gemara) Question: Why is a sale different than a gift?
3) KEEPING LAND FOR TREES
(b) Answer (Yehudah ben Nekusa): The giver explicitly said
that he gives all, the seller did not.
(c) Objection: Neither of them was explicit!
(d) Answer: Rather, the giver did not need to be explicit
(all know that a person gives generously), the seller
needed to be explicit (normally, a person sells
(e) Reuven said 'Give to Ploni a house that can hold 100
barrels'; it was found that Reuven owns a house that
(f) (Mar Zutra): Reuven wanted to give a house holding 100
barrels, not a bigger house.
(g) Objection (Rav Ashi - Mishnah): This refers to one who
sells, but one who gives a gift gives all of them.
1. Inference: A person gives generously;
2. Also here, Reuven gives generously, he is happy for
Ploni to get a bigger house!
(a) (Mishnah): If one makes a field Hekdesh, they all become
(b) (Rav Huna): Even though if Reuven buys two trees in
Shimon's property, he does not acquire land with them
(between or around them, or the right to plant others if
these will die or dry up), if Reuven sold his property
and kept two trees for himself, he keeps land with them.
(c) Even R. Akiva only says that a person sells generously
regarding pits and cisterns, which endure;
1. Trees get weak and die; if he did not retain land,
the buyer could tell him 'Uproot your trees and
leave' when they dry up.
(d) (Mishnah): R. Shimon says, of all these things, only
grafted carob and sycamore stumps are Hekdesh. (Other
trees are also Hekdesh, they are even included in a
(e) (Beraisa - R. Shimon): The reason is, they nurture from
the surrounding Hekdesh land (he does not want to benefit
(f) Question (against Rav Huna): If a person leaves land for
his trees, they nurture from his own property!
(g) Answer: R. Shimon holds like R. Akiva (a person sells
(and is Makdish) generously), Rav Huna's law is like
Chachamim (a person sells stingily).
(h) Objection: Chachamim say that a person keeps a path to
his pit, there is no need to say that he keeps land for
(i) Answer: He must teach that if they fall, he may plant new