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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.
What does it preclude?

(b) What will the seller have to declare in order to include them too, in the sale?

(c) What does the Tana say about the bathhouse and the olive-press?

(d) Rebbi Eliezer disagrees with the Tana Kama. He is more stringent with the purchaser.
What does he say?

(a) The Beraisa adds outer rooms and inner rooms to the list of things that are sold together with the Chatzer.
What, in this context, is the definition of ...
  1. ... outer rooms?
  2. ... inner rooms?
(b) What does the Tana say about 'Beis ha'Chulsa'os'? What is 'Beis ha'Chulsa'os'?

(c) Under what conditions are stores included in the sale?

(d) 'le'Ka'an u'le'Ka'an, Nimkaros Imah', the Tana concludes.
How will we reconcile this with another Beraisa cited by Rebbi Chiya which states ' ... Ein Nimkaros Imah'?

(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'. What is the difference between 'Dirta' and 'Darta' (according to Rebbi Eliezer)?

(b) How does the Tana Kama translate 'Darta'?

(c) What would he hold in a case where the seller used the Lashon 'Chatzer'?

(a) In the second Lashon, Rava maintains that 'Darta' means 'Bati' even according to Rebbi Eliezer.
If they do not argue over the Lashon 'Dirta', which definitely means 'Bati', then what is their bone of contention?

(b) What do we mean when we explain that the Tana Kama learns from the Chatzer ha'Mishkan?

(c) Assuming that we accept the second Lashon (which fits better with our Mishnah (which specifically uses the Lashon 'Chatzer'), what will we rule in all three cases (Dirta, Darta and Chatzer)?

(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.
What is a 'Metzulah'?

(b) What did Shmuel say about Reuven who sells Shimon ten fields in ten different countries? How many Kinyanim does Shimon need to make to acquire all of them?

(c) Is it necessary for him to have paid for them before the Kinyan?

(d) How will we now 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?

(a) And how will we then reconcile Rava's previous ruling with Shmuel? Why, if he makes a Kinyan on the Chulsis does he not acquire the Metzulah and vice-versa?

(b) Seeing as Shimon paid Reuven all the money, why does he not simply acquire all the lands with Kesef?

(c) What does Rava Amar Rav Nachman say in the second Lashon?

(d) In light of Shmuel's statement, what is then the Chidush? Why does he need to teach us that?

Answers to questions



(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.
What in general, is included, and what is not?

(b) What would the seller have to say in order to sell everything mentioned in the Mishnah?

(c) What is included in the sale according to Rebbi Eliezer?

(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 planks with which one crushes the olives on the stone with the hole (into which the olives are placed for crushing). What is it more likely to mean?

(a) How does Rebbi Yochanan translate 'Besulos' in this context?

(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'.
What is ...

  1. ... the Galgal?
  2. ... the Koreh?
(c) The Beraisa extends the list, adding the planks, the wine-presses (from which the oil flows) and the lower mill to the list of things that are sold. What are these planks (as opposed to the boards that our Mishnah listed among the things that are not sold)?

(d) What does the Tosefta then mean when it lists 'Yetzarim' among the things that are sold.
What did the Tana really write?

(a) Why, according to the Beraisa, is the lower millstone sold, whilst the upper millstone is not?

(b) What is the significance of the sequence of Mefarch'sa, the Rechayim and the Beis-ha'Bad?

(c) The Beraisa ends the list with Abirim, Sakin and Martzufin.
What is the difference between Sakin and Martzufin? What are they used for?

(d) Will these three be sold 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.
What purpose do the bowls serve?

(b) What are the Vila'os (or Balanyos)?

(c) All of these would be sold if the seller declared 'Hi ve'Chol Mah she'be'Tochah'.
Which two things would not be included in the sale, even if he did?

(a) What is the Beis ...
  1. ... ha'Nesarin?
  2. ... ha'Yikmin, assuming that it is not the room where the barrels (into which they poured the boiling water for bathing) are stored?
(b) What do these rooms, as well as the Beis ha'Sapalim and the Beis ha'Vila'os, have in common?

(c) What do some texts have instead of Sapalim (the bowls) in the Beraisa, included among the things that are not sold together with the bathhouse?

(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'.
What is the Tana coming to teach us with this? Why might we have thought that, in the summer, they are sold together with the bathhouse?

(b) 'Hi ve'Chol Mah she'be'Tochah' is not effective in including these items in the sale.
What 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', what did Shimon anticipate receiving together with the oil-press?

(d) What did Rav Yosef initially rule?

(a) Abaye queried Rav Yosef's ruling however, on the basis of a Beraisa cited by Rebbi Chiya ' ... Ein Kulan Mechurin'.
How did Rav Ashi reconcile both Beraisos?

(b) Why would he not acquire 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 ... '?

(c) Why do we not apply the S'vara 'Metzarim Hirchiv Lo', even if he did add the extra Lashon?

(d) What is the alternative Lashon, which in fact, we reject?

Answers to questions

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