(Permission is granted to print and redistribute this material
as long as this header and the footer at the end are included.)


prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

Previous daf

Bava Basra 67

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.



(a) Our Mishnah includes the houses that surround the Chatzer and the various kinds of pits (even in the house) in the sale of a Chatzer. It precludes - even the Metaltelin that we precluded from the sale of a house in the previous Mishnah (how much more so other Metaltelin).

(b) The seller will have to declare 'Hu ve'Chol Mah she'be'Tocho' in order to include them in the sale, too.

(c) Even if he does however, the Tana states - that it will not include the bathhouse or oil-press that are situated in the Chatzer.

(d) Rebbi Eliezer disagrees with the Tana Kama. According to him, the sale of a Chatzer includes - only the air of the Chatzer, and no more.

(a) The Beraisa adds outer rooms and inner rooms to the list of things that are sold together with the Chatzer. In this context ...
1. ... outer rooms - incorporates those that open into the Chatzer.
2. ... inner rooms - incorporates those that open into other rooms that open into the Chatzer.
(b) The Tana states - that 'Beis ha'Chulsa'os' (areas whose earth is sand of a quality that can be used for glass-making) are not included in the sale.

(c) Stores are included in the sale - provided they open into the Chatzer.

(d) 'le'Ka'an u'le'Ka'an, Nimkaros Imah', the Tana concludes. To reconcile this with another Beraisa cited by Rebbi Chiya which states ' ... Ein Nimkaros Imah', we establish this Beraisa when the store is open more to the Chatzer than it is to the outside; whereas Rebbi Chiya's Beraisa speaks when it is open more to the outside.

(a) If the seller (of the Chatzer) stated that he was selling 'Dirta', then Even Rebbi Eliezer concedes that the houses are included in the sale, and he only argues with the Tana Kama if he said that he was selling 'Darta'. According to Rebbi Eliezer - 'Dirta' means a dwelling, and 'Darta' a Chatzer.

(b) The Tana Kama translates 'Darta' as - dwelling (the same as 'Dirta').

(c) If the seller used the Lashon 'Chatzer' - then he would concede to Rebbi Eliezer, that he only sells the actual Chatzer, but nothing that is in it.

(a) In the second Lashon, Rava maintains that 'Darta' means 'Bati' even according to Rebbi Eliezer. They do not argue over the Lashon 'Dirta' , which definitely means 'Bati', but their bone of contention is whether 'Chatzer' is restricted to the air of the Chatzer (Rebbi Eliezer), or whether it incorporates whatever is in the Chatzer (the Tana Kama).

(b) When we explain that the Tana Kama learns from the Chatzer ha'Mishkan, we mean - that a Chatzer is no different than the Chatzer of the Mishkan, in which the Torah (at the end of Terumah) incorporates the Kodesh Kodshim and the Kodesh, which are like independent rooms).

(c) Assuming that we accept the second Lashon (which fits better with our Mishnah (which specifically uses the Lashon 'Chatzer'), we will rule - that 'Dirta', 'Darta' and 'Chatzer]), all imply 'Bati'.

(a) Rava Amar Rav Nachman that if Reuven sells Shimon a Chulsis and a Metzulah, a Kinyan on one of them will not acquire the other. A 'Metzulah' is - the depths of a river, where they would sometimes mine gold and silver, or fish.

(b) Shmuel ruled that if Reuven sells Shimon ten fields in ten different countries - a Kinyan on one of them will acquire all of them ...

(c) ... provided that is - he paid for them all before the Kinyan.

(d) We will reconcile Shmuel with the ruling in the previous Perek that if someone makes a Chazakah one of two fields that were divided by a border, he acquires only the field on which he made a Chazakah, but not the other one - be differentiating between our case and the case there, which speaks about Nechsei ha'Ger, where no money has been paid.

(a) And we will reconcile Rava's previous ruling with Shmuel by pointing out that - whereas the ten fields all share a common use (for planting), the Chulsis and the Metzulah serve two different purposes (the former, for sand, and the latter, for silver and gold, or fish).

(b) Despite the fact that Shimon paid Reuven all the money, he does not simply acquire all the lands with Kesef - because we are speaking in a place where it is customary to write a Sh'tar, in which case, either a Sh'tar or Chazakah is required to finalize the Kinyan.

(c) In the second Lashon, Rava Amar Rav Nachman holds - that a Kinyan on the Chilsis acquires the Metzulah, and vice-versa.

(d) Despite Shmuel's statement, he needs to teach us that - because we would otherwise have thought that since the two are used for different purposes, each requires an independant Kinyan.




(a) Our Mishnah lists what is, and what is not, included in the sale, when one sells an oil-press. The details will be discussed immediately. In general - whatever is attached, is included -whatever is not, is not included.

(b) In order to sell everything mentioned in the Mishnah, the seller would have to say - 'Hu ve'Chol Mah she'be'Tocho' (like we learned in the previous Mishnahs).

(c) According to Rebbi Eliezer - only the main beam is included in the sale.

(d) The list of things that are included in the sale of the olive-press are, the Yam, the Memel and the Besulos. The Yam is the round tub into which the olives are placed. Rebbi Aba bar Memel translates the Memel as 'Mefarch'sa, which might mean the wooden boards with which one crushes the olives on the stone with the hole (into which the olives are placed for crushing). However, it is more likely to mean - the hollowed stone itself (which is attached).

(a) Rebbi Yochanan translates 'Besulos' in this context as - twin vertical poles, which are used to hold the beam in place.

(b) The things that are not included in the sale are the Abirim, the Galgal and the Koreh. The Abirim are translated as 'Kavshi' (the wooden boards with which one crushes the olives) and the Galgal, as Chumr'sa'.

1. The Galgal is - the wheel that lowers and raises the beam
2. The Koreh - is the heavy beam that presses the boards on to the olives.
(c) The Beraisa extends the list, adding the planks the wine-presses (from which the oil flows) and the lower mill to the things that are sold. These planks (as opposed to the boards that our Mishnah listed among the things that are not sold) - are placed (as a permanent fixture) around the press, to prevent the olives from falling out of the press.

(d) When the Tosefta lists 'Yetzarim' among the things that are sold, he really wrote 'Netzarim' - which are the ropes that are used to tie the olives in place (presumably, they were tied round the planks, not the olives themselves).

(a) According to the Beraisa, the lower millstone is sold, whilst the upper millstone is not - because the former is attached to the ground, whereas the latter is not.

(b) The significance of the sequence of Mefarch'sa, the Rechayim and the Beis-ha'Bad is - that they comprise the stages in which the olives are pressed, they are first broken up in the Mefarch'sa, then ground in the mill and then pressed in the Beis-ha'Bad.

(c) The Beraisa ends the list with Abirim, Sakin and Martzufin - the Sakin are made of goat's hair and the Martzufin, of leather; both are used to transport the olive in the olive-press.

(d) These three are not sold - even if the seller declares 'Hu ve'Chol Mah she'be'Tocho'.

(a) Our Mishnah then deals with the sale of a bathhouse, which, the Tana says, does nor include the planks, the bowls or the Balanyos (or Vila'os). The planks are used to stand on to protect the bathers' feet, either from the heat or from getting dirty. The bowls are used - to wash oneself from (see also Rabeinu Gershom).

(b) The Vila'os (or Balanyos) are - either entrance curtains or towels (presumably, Balanyos are exclusively the latter).

(c) All of these would be sold if the seller declared 'Hi ve'Chol Mah she'be'Tochah' - though the pools of water and the wood-stores would not.

(a) The Beis ...
1. ... ha'Nesarin is - the room where the planks are stored.
2. ... ha'Yikmin (assuming that it is not the room where the barrels [into which they poured the boiling water for bathing] are stored) is - the room where they store the head-cloths that are worn by the bathers to protect themselves from the heat.
(b) These rooms, as well as the Beis ha'Sapalim and the Beis ha'Vila'os, have in common - the fact that they all adjoin the bathhouse.

(c) Instead of Sapalim (the bowls) in the Beraisa, included among the things that are not sold together with the bathhouse - some texts have Safsalim (the benches).

(a) The Beraisa elaborates on the pools of water (in the list of things that are not sold), by adding 'both in the summer and in the winter'. The Tana is coming to teach us - that, even in the summer, in spite of the fact that they do not contain much water, they are not Batel to the bathhouse, and are therefore not sold together with the bathhouse.

(b) 'Hi ve'Chol Mah she'be'Tochah' is not effective in including these items in the sale - but 'Beis ha'Merchatz ve'Chol Tashmishav Ani Mocher Lach' is.

(c) In a case where Reuven sold Shimon an oil-press, and where he said 'Beis ha'Bad ve'Chol Tashmishav Ani Mocher Lach', Shimon anticipated receiving together with the oil-press - sesame-seeds that had been spread out in stores outside the oil-press, with the intention of pressing them for their oil.

(d) Initially, Rav Yosef cited the Beraisa 'Im Amar Beis ha'Bad ve'Chol Tashmishav Ani Mocher Lach, Kulan Mechurin'.

(a) Abaye queried this ruling however, on the basis of a Beraisa cited by Rebbi Chiya 'Ein Kulan Mechurin'. Rav Ashi reconciled both Beraisos - by establishing our current Beraisa, when he also added 've'Ilein Metzarnahah', and they were indeed within the boundaries that he specified.

(b) He would not have acquired the sesame-seeds on the grounds that they were within the borders that he specified, even if he had not specifically declared 'Beis ha'Bad ve'Chol Tashmishav ... ' - because we would then apply the principle 'Metzarim Hirchiv Lo', as we discussed earlier in the Perek.

(c) Once he adds the extra Lashon, we do not apply the S'vara 'Metzarim Hirchiv Lo', only because the article in question pertains at least slightly to the oil-press. Otherwise, we would apply it.

(d) The alternative Lashon, which in fact, we reject is - that if the seller said 'Ilein Metzarna'a' first and then 'Beis ha'Bad ve'Tashmishav', then the purchaser will acquire everything (because they are all included in 'Ilein Metzarna'a'; but if he said it last, then, it only pertains to Beis ha'Bad, but not to Tashmishav, in which case we will apply the S'vara 'Metzarim Hirchiv Lo', and he will not acquire the sesame-seeds.

Next daf


For further information on
subscriptions, archives and sponsorships,
contact Kollel Iyun Hadaf,