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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 encouragement and support and prays that Hashem will repay him in kind.


(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;
(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 path;
(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 them.
(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?
(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 stingily).
(e) Reuven said 'Give to Ploni a house that can hold 100 barrels'; it was found that Reuven owns a house that holds 120.
(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 Hekdesh.
(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 sale.)
(e) (Beraisa - R. Shimon): The reason is, they nurture from the surrounding Hekdesh land (he does not want to benefit from Hekdesh).
(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 his trees!
(i) Answer: He must teach that if they fall, he may plant new trees.
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