ANSWERS TO REVIEW QUESTIONS
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.
(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.
2. ... inner rooms - incorporates those that open into other rooms that open
into the Chatzer.
(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
(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,
(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
(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
(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
(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
(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.
2. The Koreh - is the heavy beam that presses the boards on to the olives.
(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
(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
(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.
(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.
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.
(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
(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
(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.