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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 4-4

Lectured by Rabbi Joseph Dana

Published
November 20, 2024
Duration
2:43
Lecture code
RJD-MBB-4-4

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.

We will continue talking about things within a house that are included in the sale of a house. The Mishnah says that if somebody sells a house, he sells the door to the house with it. Even though you may look at a house and say that the door is not actually a piece of the house, but is rather attached to it, we say that it is considered something necessary, something that is not usually moved from location to location. Therefore, it is included in the sale of a house. But the lock that is part of the door is not included in the sale of the house. Even though it is attached to the door, people would commonly transfer a lock from one door to the next, so it is considered portable. If the owner left, he would take the lock with him, and it would not be included in the sale.

The general rule, seemingly, from this Mishnah is that if something is part of the house, is not portable, and is there permanently, it is included in the sale of the house. If it is temporary and is seen as something that could be removed easily, then it is not included in the sale of the house. The mortar that is cemented to the ground inside the house and is permanent is left there with the sale. But the one that is metaltalet, the one that is portable and can be carried away and used in a different location, is not included in the sale of the house. If there is a millstone inside the house, the ring that holds the millstone and is attached to the ground is sold with the house because it is not something that could be removed, not something that can be carried away. But the kelet, the hopper, that holds the grain is portable and can be carried away elsewhere, so it is not included in the sale. The oven or stove in the house, which is not fixed to the ground and could be removed easily, is not included in the sale either.

Now we'll see in the Mishnah: there are certain circumstances where the wording of the bill of sale says that everything would be included in the sale. But if the seller told the buyer when he was making the sale, “The house and everything that is inside it, everything that is part of it, is sold to you,” then we say everything here is sold. Every item that we mentioned in the Mishnah that would not normally be included in the sale of the house would be included here.