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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 4-8

Lectured by Rabbi Joseph Dana

Published
November 24, 2024
Duration
3:14
Lecture code
RJD-MBB-4-8

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 the Mishnah is going to talk about somebody who sells a field. What is included in that sale? The Mishnah says that somebody sells a field. Included in that sale automatically are any stones that were going to be used in that field. What we mean by that is, if there are loose stones, even stones that are not attached to the ground in any way, but were set aside to be used to build a fence, then these stones are part of the field and are not going to be removed. The Chiddush (novel point) is that even though they are not attached to anything, they are considered to be part of the field itself. If there was a vineyard in the field, that is obviously included as well. But not only is the vineyard included; they would also have reeds that would hold the grapevines together. The grapevines had to be held up, and they would have reeds that would hold up these vines permanently, so these reeds are also included in the sale. Also included in the sale is produce that was still attached to the ground. Even though this type of produce, even if it is fully ripe and fully ready to be picked, is still considered part of the field as long as it is attached to the ground. It does not have its own identity, and they are not going to be used; therefore, it is included in the sale as well.

We are now going to list things that are considered unimportant and therefore batel, nullified to the field, and automatically included in the sale, even though they are somewhat separate from the field. There is a reed bush in the field that is sold along with it, even though—and only if—it is less than 8 the size of a beit rova, which is 10 feet long, is 10 amot (cubits) on each side. Even though this type of bush could be looked at as its own entity, its own little property, we say that it is not viewed as a separate field, but is sold as part of this field because it is considered insignificant and unimportant.

If there is a little house, a little hut for the watchman, and it has not even been plastered with clay, a person may think that it is important to build a house. It is its own entity, and therefore it would not be considered part of the sale. What we are saying here is that since it was not even plastered, it is considered so temporary that it is included in the sale. It is so unimportant that it is not considered to be its own entity. The same thing applies to a young carob tree that has not been grafted, that has not been strengthened by mixing it with other types of trees, and to a young sycamore tree. These are all included in the sale because if they are growing in this type of field and are not mature enough to be strong on their own, they are considered unimportant and therefore are not considered to be their own entities, and therefore are included automatically in the sale.