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v3.2.2
A Yissachar / Zebulun Partnership in Loving Memory of Yishak ben Simcha A"H & Felicia bat Miriam A"H
Rabbi Joseph Dana

Torah Lecture

Mishnah Baba Batra 4-3

Lectured by Rabbi Joseph Dana

Published
November 20, 2024
Duration
2:23
Lecture code
RJD-MBB-4-3

This transcript was auto-generated and polished for readability. While we aim for accuracy, errors may occur. If you notice a mistake, please click to submit corrections.

Here we'll talk about a courtyard that has a lot of different houses within it, and the courtyard was sold. The bill of sale just says that the courtyard was sold. What is included in that sale? The Mishnah says that if someone sells a courtyard, it's a bigger property, and therefore everything in it is sold as well. The homes that open up into the courtyard are included, as are any pits, holes in the ground, ditches, or vaults in the courtyard that would probably hold water or something else. We say that the sale of a courtyard is the sale of a bigger property, and therefore everything within it is sold with it. Even though, as we said in an earlier Mishnah, if somebody sells a house, it doesn't include all of the pits of water that would be part of it, here they are included because it's part of a larger property. The entire courtyard and the contents within it are sold as... But not all of the pits of water.

But movable items that are in the courtyard are not considered to be part of the courtyard, and therefore they would not be included in the sale. But, but if the seller told the buyer at the time of sale, “I'm selling you my courtyard and everything that's inside of it,” then, as we said, the Metaltelin, the movable objects, are included in that sale as well. But still, bein kach uvein kach, either way, whether he told him that he was selling him everything in the courtyard or he didn't say that, no matter what wording is used here, the merchatz, the bathhouse, or the olive press in the courtyard are never included unless the seller explicitly says so, because these structures are considered something totally separate, not part of the property whatsoever.

Rabbi Eliezer has a different opinion. Rabbi Eliezer says that if somebody sells a courtyard, he has sold nothing besides the open space in the courtyard, the yard itself; the homes are not included according to Rabbi Eliezer. Even the homes that open up into the courtyard are not included in the sale.