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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 4-5

Lectured by Rabbi Joseph Dana

Published
November 22, 2024
Duration
3:47
Lecture code
RJD-MBB-4-5

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 said in the last Mishnah that if somebody sells a chatzer, a courtyard, with everything in it, that would automatically exclude the bathhouse and the olive press. Those are considered so unique and so much their own items that they're not included in the sale of a courtyard. The next two Mishnayot will talk about these items and what would be included if they were sold.

We'll first talk about the sale of an olive press. An olive press was usually in a building, and if a person sold the olive press, he obviously sold the building that the olive press was in as well. The olives were eventually processed into oil by first crushing them up a little bit and softening them with a mortar, making them soft and preparing them to be put into the olive press after that. They were put into the olive press, and these crushed olives, basically, were placed in a large vat, and a piece of wood was placed on top of them. Then beams were placed on top of that wood, pressing down on it, and now the wood squashed the olives until oil came out. All that pressure eventually made a lot of olive oil come out of those olives. So we'll talk about all of that within this Mishnah: the different parts of the olive press.

Hamocher et Beit HaBad. If somebody sells an olive press, what's included in the sale? Machar et hayam. He has sold the stone vat that the olives are put into while they're being pressed down. Ve'et hamamal. Also the mamal, which is the stone that's used to crush the olives originally in the mortar to soften them up before they're put into the actual press. Ve'et habetulot, and also the poles that hold up the beam that is eventually lowered onto the wood that presses down onto the olives.

The vat and the poles are fixed to the ground of the olive press building, and therefore they're automatically included in the sale. But he has not sold the boards that are placed on top of the olives while they're in the vat. He also didn't sell the wheel that's used to lower and raise the beam that pushes down on the olives, nor has he sold the beams themselves. All of these items are part of the olive press and are used in the process, but they're not attached to the ground. Therefore, since they're not attached to the ground, they're not included in the sale, because the owner of these items may have thought that he could just take them with him. They're not so difficult to transport, so he would take them with him to use them in different presses. Therefore, they're not included in the sale. But if the seller told the buyer, “I'm selling you the olive press and everything that's inside it,” these items would be included. The additional line, “everything that's inside of it,” would add these items to the actual sale.

There's a different opinion over here. Rabbi Eliezer said that if somebody sold an olive press, he also sold the beam with it, because that's, by definition, the press. What's the press? It's not the vat. It's not everything else. It's actually what presses down on the olives. It causes the oil to come out, and therefore that's the most important part of the press. Even though it's not actually tied down to the floor and is transportable, the definition of Beit HaBad is the press, and therefore, says Rabbi Eliezer, that would be included in the sale.