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 78
BAVA BASRA 78 & 79 - dedicated by an admirer of the work of the
Dafyomi Advancement Forum, l'Iluy Nishmas Mrs. Gisela (Golda
bas Reb Chaim Yitzchak Ozer) and Reb Yisroel Shimon (ben Reb
Shlomo) Turkel, A"H.
1) SOMEONE WHO GROSSLY OVERPAID
(a) Question: If the price is not a proof, the sale should be
invalid (he overcharged much more than a sixth)!
2) ARE VESSELS SOLD WITH A DONKEY?
1. Suggestion: Perhaps Chachamim say that overcharging
does not invalidate a sale.
(b) Answer #1: Indeed, when Chachamim say the price is not a
proof, they mean that the sale is invalid.
2. Rejection (Mishnah - R. Yehudah): One who sells a
Sefer Torah, animal or pearl, the buyer cannot claim
Ona'ah (that he was overcharged);
3. Chachamim: Only slaves, documents and land are not
subject to Ona'ah.
(c) Answer #2: Chachamim say that Ona'ah and voiding of the
sale apply to a case where a person could err;
1. If he knew that the price is too high, he gave the
extra money to be a gift.
(a) (Mishnah): If one sells a donkey, he does not include its
(b) Nachum ha'Midi says, he includes its vessels.
(c) R. Yehudah says, sometimes they are included, sometimes
1. If the donkey was in front of him and the vessels
were on it, and the buyer said 'Sell me this donkey
of yours', they are included;
(d) (Gemara - Ula): They argue about bags (for loads) and a
saddle for women;
2. If the buyer asked 'Is this your donkey (so I can
buy it)?' they are not included.
1. The first Tana holds that donkeys are normally for
men to ride on, so these are not included;
(e) Question (Beraisa): 'I sell you a donkey and its vessels'
- vessels needed for riding are included, but not bags or
2. Nachum ha'Midi holds that donkeys are (also) for
carrying loads (and women), so they are included;
i. All agree that vessels needed for riding (e.g.
(men's) saddles) are included.
1. If he said 'It and everything on it', all these are
(f) Answer: No, even without saying this, he acquires them;
2. Inference: Had he not said 'I sell you a donkey and
its vessels', he would not acquire vessels needed
1. The Chidush is, even when he says this, bags and
women's saddles are not included.
(g) Question: Do they argue when the vessels are on the
donkey, but when they are not, Nachum ha'Midi admits that
they are not included?
1. Or, do they argue when the vessels are not on the
donkey, but when they on it, Chachamim (the first
Tana) admits that they are included?
(h) Answer #1 (Beraisa): If he said 'It and everything on
it', all these are included.
1. If they argue when the vessels are on the donkey,
the Beraisa is Chachamim;
(i) Rejection: Really, they argue when the vessels are not on
it, the Beraisa is Chachamim;
2. But if they argue when the vessels are not on it,
but when they are on it, all agree that they are
included, the Beraisa is not like anyone (even
though the bags are on it, they are not included
unless he said 'It and everything on it')!
1. The case is (the bags are not on it), he said 'It
and everything fitting to be on it'.
(j) Answer #2 (Mishnah - R. Yehudah): Sometimes they are
included, sometimes not...
(k) Suggestion: R. Yehudah discusses the same case as the
first Tana, i.e. the vessels are on it.
(l) Rejection: No R. Yehudah teaches a new case.
(m) Answer #3 (Ravina - the previous Mishnah): If one sells a
wagon, he did not sell the mules; if he sold the mules,
he did not sell the wagon;
3) IS AN ANIMAL'S CHILD INCLUDED?
1. Rav Tachlifa bar Ma'arava - Beraisa): If one sells a
wagon, he sells the mules.
(n) Rejection (first Mishnah of our Perek): He did not sell
the slaves or Antiki;
2. R. Avahu: But our Mishnah says, he did not sell the
3. Rav Tachlifa: I will no longer recite this Beraisa
(it is mistaken).
4. R. Avahu: It is not mistaken - the case is, the
mules are attached to the wagon.
5. Summation of answer: In the Beraisa, the mules are
attached, but in the (previous) Mishnah, they are
not attached - presumably, also in our Mishnah they
are not on it!
1. (Rav Papa): Antiki is the merchandise in it.
(o) Conclusion: Each Mishnah is independent, the law varies
from case to case.
2. In the first Mishnah, they are on it - presumably,
also in our Mishnah!
(p) (Abaye): The following Tana'im all say that when a person
sells something, he includes everything used with it: R.
Eliezer, R. Shimon ben Gamliel, R. Meir, R. Noson,
Sumchus, and Nachum ha'Midi.
1. (Mishnah - R. Eliezer): If one sells an olivepress,
the beam is included.
(q) (Mishnah - R. Yehudah): Sometimes, they are included...
2. (Mishnah - R. Shimon ben Gamliel): If one sells a
city, the Santar is included.
3. (Beraisa - R. Meir): If one sells a vineyard,
everything needed for it is includedl
4. R. Noson and Sumchus say that a Beitzis/Dugis (small
boat) is included with a ship.
5. Nachum ha'Midi - in our Mishnah.
(r) Question: What is the difference whether he says 'Sell me
this donkey of yours' or 'Is this your donkey?'
(s) Answer (Rava): When he says 'this donkey of yours', he
already knew that he owns it, 'this' comes to include the
1. When he says 'Is this your donkey?', he did not know
whether or not he owns it, he merely asks if it is
his to sell.
(a) (Mishnah): If one sells a donkey, he included the Si'ach
(baby donkey); if one sells a cow, the calf is not
4) THE MOST IMPORTANT CALCULATION
(b) If one sells a wasteheap, the manure is included; if one
sells a pit, the water is included.
(c) If one sells a hive, the bees are included; if one sells
a dovecote, the doves are included.
(d) (Gemara) Question: What is the case?
1. If he said 'I sell it and its son', a calf should be
included with the cow!
(e) Answer (Rav Papa): He sold 'a nursing donkey (or cow)';
2. If he did not say 'it and its son', why is the
1. Regarding a cow, we can say that he mentioned that
it is nursing, for the milk is valuable;
2. Regarding a donkey, we must say that he mentioned
that it is nursing to include the Si'ach.
(a) Question: Why is a baby donkey called a Si'ach?
(b) Answer: Because it follows a gentle Sichah (voice).
(c) Question (R. Shmuel bar Nachmani): What is the meaning of
"Al Ken Yomeru ha'Moshelim..."?
(d) Answer (R. Shmuel): "Ha'Moshelim" are people that Moshel
(rule over) their evil inclinations;
1. "Bo'u Cheshbon" - come, make the most important
calculation: what one loses to do a Mitzvah,
compared to the reward he will receive; what one
gains by a transgression, compared to what he will
lose from it;
2. "Tibaneh v'Sikonen" - if you do so, you will be
built in this world and prepared for the world to
3. "Ir Sichon" - if a person acts like an Ayar
(Si'ach), and follows the voice of his evil
inclination and heresy, "Esh Yatz'ah mi'Cheshbon";
i. Fire from those who calculate will consume
those who do not calculate.
4. "Lehavah mi'Kiryas Sichon" - from the city of
Tzadikim, who are called Sichin (trees).
5. "Achlah Ar..." - one who follows his evil
inclination, like an Ayar.
6. "Ba'alei Bamos..." - these are haughty people;
i. Anyone who has haughtiness falls to Gehinom.
7. "Va'Niram" - a Rasha says 'Ein Ram' (he denies the
Exalted, i.e. Hash-m) and "Avad Cheshbon" (people
are not judged).
8. "Ad Divon" - Hash-m says, 'Wait until judgment will
9. "Va'Nashim Ad Nofach" - a fire will come that need
not be fanned.
10. "Ad Meideva" - until their Neshamos will be
i. Some explain, until Hash-m punishes them as
D'Ba'i (he wants).