ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
Previous daf Bava Basra 69
BAVA BASRA 68-69 - sponsored by Harav Ari Bergmann of Lawrence, N.Y., out of
love for the Torah and for those who study it.
(a) We interpret 'stones that the field needs' as Avni de'Achpa - which are
stones that they would place on top of the corn (after it was spread out in
the field to dry, to prevent it from being blown away by the wind.
(b) Ula interprets it to mean - stones that have been neatly arranged, ready
to build a wall.
(c) Ula amends the Beraisa cited by Rebbi Chiya 'Avanim Tzevuros le'Geder'
(implying that the stones do not need to be neatly arranged) - to read
'Avanim he'Seduros le'Binyan'.
(a) Rebbi Meir (in the next Perek) rules that the accessories of a vineyard
are sold together with the vineyard.
(b) Based on the fact that Rebbi Meir includes even those accessories that
are not an intrinsically part of the vineyard, and that the Rabbanan
disagree with him in this issue - Rebbi Meir will establish Avni de'Achpi by
stones that have been smoothened, even though they are lying outside the
field, whereas according to the Rabbanan, they must be lying in the field
(c) Ula, who interprets Avanim as 'Avanim ha'Seduros le'Geder' - says this
according to the Rabbanan; according to Rebbi Meir, the stones to not need
to be neatly stacked (but it will suffice for them to have been cut to
(d) When earlier in the Perek, we established Rebbi Meir by things that are
fixed, we meant (not fixed to the ground, which is not necessary, as we see
here, but) - that they are permanently designated for that purpose, and do
not stand to be lent out or rented to anybody else.
(a) We learned in our Mishnah that the sale of the field includes the canes
that support the vines. The Tana is talking about canes that are forked on
top, so that a vine- branch can be held aloft the fork (to prevent the
clusters of grapes from dragging on the ground), and that have been
sharpened to a point at the other hand, to stick into the ground.
(b) Rebbi Meir will establish this - even when the cane has not yet been
stuck vertically into the ground, whereas the Rabbanan speak - when it has.
(c) We also learned that the produce that is still attached to the ground is
sold too. We need to add that the produce is ready to harvest - because
otherwise, it is obvious that the purchaser never intended the seller to
enter his field and tend to his corn in the middle of harvest season.
(d) And the Chidush is - that we do not apply here the principle that
whatever is ready to harvest is considered as if it had already been
harvested (in which case, it would not be sold).
(a) Our Mishnah includes a bunch of growing canes in the sale provided it
grows in an area of less that a Beis Rova - even if the canes are thick.
(b) When the Tana inserts a hunter's hut that is not made with cement with
the things that are sold, his Chidush is - that it is included even though
it is not attached to the ground (because the fact that it is made with
cement makes it Chashuv).
(c) And when he includes Ch'ruv she'Eino Murkav and Besulas ha'Shikmah in
the sale, he us referring - even to thick ones.
(a) We establish 'stones that are not needed for the field' ...
1. ... assuming them to be 'Avni de'Achpa' - when they have have not even
been smoothened according to Rebbi Meir, and when they are not lying in the
field (even though they have been smoothened), according to the Rabbanan.
(b) We establish 'canes that are not needed for the vines', according to
Rebbi Meir - when they have not even been sharpened to stick into the
ground, and according to the Rabbanan even if they have - only they have
not yet been stuck into the ground.
2. ... asuming them to be 'Avanim ha'Duros le'Geder' - when they have not
even been cut to shape, according to Rebbi Meir, and when they have not been
neatly stacked according to the Rabbanan (even though they have been cut to
(c) And we establish 've'Lo es ...
1. ... ha'Tevu'ah ha'Telushah min ha'Karka' - when the sheaves still need
the ground (to perfect their aroma and to dry completely). Otherwise, this
Halachah would be obvious.
2. ... Chitzas ha'Kanim she'Hi Beis Rova' - even by thin canes.
(a) Rebbi Yochanan rules that a small row of spices 'that has a name by
itself' - has the same Din as a bundle of canes that is growing in an area
of a Beis Rova or more (and is therefore not sold together with the field).
(b) Rav Papa interprets Rebbi Yochanan's qualification to mean - that the
row is known as 'so-and-so's row of roses'.
(c) 've'Lo es ha'Shomirah ha'Asuyah be'Tit' applies - even if the hut is
also fixed to the ground (since that does not negate its Chashivus).
(a) Rebbi Elazar asked - whether a door-frame is sold together with the
house (see Tosfos).
(b) His She'eilah was restricted - to a door-frame that is merely screwed to
the wall (because if it was cemented, it would be obvious that it is).
(c) Rebbi Zeira asked the same She'eilah concerning window-frames - assuming
that in the previous She'eilah the frames *are* in fact sold. Perhaps, he
thought, window-frames are worse in this regard - because their function is
only one of looks, rather than of practical use.
(d) Rebbi Zeira, like Rebbi Elazar - qualified his She'eilah. He too, took
for granted that a frame that is cemented is included in the sale, and
restricted his She'eilah to one that is merely screwed).
(a) Rebbi Yirmiyah posed the same She'eilah with regards to 'Milbenos
ha'Mitah' - which are blocks of wood that they would place underneath the
legs of the bed to prevent them from rotting in the ground.
(b) In the previous two She'eilos, Rebbi Yirmiyah assumed - that both of the
frames are included in the sale, because they are fixed to the wall, and his
She'eilah was - whether the blocks of wood underneath the bed-posts are
included too, even though they are not fixed to the bed.
(c) Consequently, he would agree that, assuming that the blocks of wood are
fixed to the legs of the bed - they too, will be sold.
(d) The outcome of all three She'eilos is - Teiku'.
(a) When the Tana says 've'Lo es Ch'ruv ha'Murkav ve'Lo Sadan ha'Shikmah' -
the trunk does not need to be a thick one.
(b) Rav Yehudah Amar Rav learns from the Pasuk ...
1. ... "va'Yakam S'dei Efron Asher ba'Machpeilah, ha'Sadeh ve'ha'Me'arah ...
ve'Chol ha'Eitz Asher ba'Sadeh - that someone who sells a field,
automatically sells all the trees in the field, too.
(c) This latter Halachah can be compared - to someone who sells two fields,
who has not sold the field in the middle, even if he adds 'Kol Mah
2. ... "Asher be'Chol Gevulo" - that only things whose borders need to be
defined are sold, but not things whose ownership are well-known to all (such
as 'Ch'ruv ha'Murkav ve'Sadan ha'Shikmah'), which are precluded from the
sale even if the seller specifically declares 'Kol Mah she'be'Tochah'.
(d) Rav Mesharshaya learns from the word "Saviv" - that the purchaser
automatically acquires the borders of the field together with the field.
(a) Rav Yehudah requires someone who sells a field to insert in the Sh'tar
that he is selling 'Diklin, Ta'alin, Hutzin ve'Tzinin'. Diklin are tall
date-palms (see Mesores ha'Shas) ...
1. ... 'Ta'alin' - are other tall trees.
(b) Despite the fact that the sale is valid whether the seller complies with
this ruling or not, the point of inserting all this in the Sh'tar is - to
reinforce his rights, should the purchaser land in a Beis-Din who are not
fully conversant with the Halachah, and rquire everything to be spelt out in
blach on white.
2. ... 'Hutzin' - are other young trees
3. ... 'Tzinin' - are young date-palms.
(a) If Reuven wrote in the Sh'tar of sale 'Ar'a ve'Dikli', then he is
obligated to give him the field plus two date-palms. In the event that ...
1. ... he does not own any date-palms - he is obligated to purchase them.
(b) If Reuven stipulated that he would sell Shimon 'Ar'a be'Dikli', then he
must give him the field with the date-palms that grow in it. Should the
field that he agreed to sell him does not contain any date-palms - then the
sale is invalid.
2. ... the date-palms that he owns are Meshubad to his creditor - he should
redeem them (by paying his debt in cash).
(c) If he says 'Ar'a bei Dike' - he means a field that is fit to grow
(d) If the field that he sells him ...
1. ... does not contain date-palms - he gives it to him as is.
2. ... contains date-palms - then he must give him the palms as well.
(a) If Reuven specifically precludes a specific date-palm from the sale,
which turns out to be ...
1. ... a good-quality tree - then he obviously meant to retain at least one
good tree for himself (even if it is not the best tree in he field).
(b) ... though not worse-quality palms than the one that he designated.
2. ... a bad tree (one that does not produce a crop of at least a Kav of
dates) - then he certainly meant to hold back other bad-quality trees too
(c) If Reuven stipulated 'le'Bar me'Ilni', then he precludes all trees that
are called 'Ilni' - but not date-palms and vines, which are not generally
(d) But if he owns ...
1. ... only date-palms or vines - then it is obvious that he meant to
preclude them (since they are sometimes referred to as 'Ilni', too).
2. ... other trees and vines - then he precludes the other trees, and not
the vines (which are not called 'Ilni' when there are other trees in the
(a) If Reuven, who owns date-palms and vines, says 'le'Bar me'Ilni', he
precludes the vines but not the date-palms - because vines are called 'Ilni'
more frequently that date-palms (which are only referred to as such when
there are no other trees in the vicinity at all.
(b) We refute the suggestion that really neither of them falls under the
category of 'Ilni', and the reason that Reuven retains the vines is because
they are more valuable than the date-palms (and that is probably what he had
in mind to preclude) -because, if neither tree is referred to as a vine,
then both would be precluded from the sale.
(c) Rav makes a distinction between trees that one needs a rope to climb and
those that one doesn't. What he means is - that any date-palm that requires
a rope to climb, is included in the Shiyur (in the Din of 'le'Bar me'Ilni'
that we just discussed) and is therefore precluded from the sale, but not
one that is as yet, too small for that.
(d) The Daynei Golah (Shmuel and Karna) make a similar distinction, between
a tree that buckles when it is knocked by the yoke around the ox's neck (a
sign of weakness) and one that does not.
(a) Rav and Daynei Golah do not argue - because whereas the former is
speaking about date-palms, the latter is speaking about other trees.
(b) Rav cannot be referring to other trees - because they do not generally
require a rope to climb (since they have ample branches via which to ascend
(c) Neither do Daynei Golah refer to date palms - whose importance is gauged
by their height (irrespective of whether they bend before the ox's yoke or