1)ATTACHED THINGS ARE INCLUDED IN A SALE OF A HOUSE

(a)Gemara

1.(Mishnah): If one sells a house, he sells the door, but not the key. He sells a mortar fixed (in the ground), but not a movable mortar. He sells the fixed frame around a millstone, but not the funnel, Tanur or Kirayim (types of ovens);

2.If he said 'the house and everything inside', they are all included.

3.Suggestion: Our Mishnah is not like R. Meir, who says that one who sells a vineyard includes everything needed for the vineyard.

4.Rejection: Our Mishnah is even like R. Meir. R. Meir includes only things that are stationary. Our Mishnah excludes only things that are moved.

5.Objection: The key is not sold, and presumably, it is like the door (with which it is taught), i.e. it is fixed!

6.Conclusion: Indeed, the Mishnah is not like R. Meir.

7.(Beraisa): If one sells a house, he sells the door, the latch (fixed in the wall), and the lock (fixed in the door), but not the key;

8.He sells a mortar that is carved into the wall, but not one that was affixed. He sells the frame around a millstone, but not the funnel, Tanur, Kirayim or millstone;

9.R. Eliezer says, anything fixed to the ground is like the ground.

10.If he said 'the house and everything inside', all these are included;

11.69a - Question (R. Elazar): Are Malbenos (frames or pillars) of doorways sold?

i.If they are fixed with plaster, surely they are included. He asks about when they are on pegs.

ii.This question is not resolved.

12.Question (R. Zeira): Are Malbenos of windows included?

i.Do we say that they are just for decoration, so they are not included? Or, since they are fixed, they are included?

ii.This question is not resolved.

13.Question (R. Yirmeyah): Are Malbenos of legs of a bed sold?

i.If they are fixed, surely they are included. He asks about when they are not fixed.

ii.This question is not resolved.

(b)Rishonim

1.The Rif and Rosh (4:9) bring the Mishnah and Beraisa.

2.Rambam (Hilchos Mechirah 25:5): If one sells a house, he sells the Tanur and Kirayim.

i.Magid Mishneh: The Rambam's text said that they are sold. Surely this is only when they are fixed. If not, they are no better than a key, which is not sold!

3.Rambam (ibid): He sells Malbenos of doorways that are fixed with plaster.

i.Magid Mishneh: The Ri mi'Gash explains that these are wooden pillars. The Rashba explains that they are doorframes. The Rambam said that they are fixed, for the question about Malbenos on pegs was unsettled, so the buyer would not get them.

4.Rambam (ibid): He sells the door, latch, and lock, but not the key. He sells a fixed mortar, but not a movabe mortar. He sells the fixed frame around a millstone, but not the Kli into which the flour falls, which is like a wooden basket. He did not sell Malbenos of bed legs, and not of windows, even if they are fixed with plaster, for they are just for decoration. If he said 'the house and everything inside', all these are included.

i.Kesef Mishneh: The Gemara says that even a fixed key is not sold. The Rashbam explains that this is because it is easy to move, and sometimes people move it.

ii.Magid Mishneh: The Rambam holds like the Ri mi'Gash, that we asked whether fixed Malbenos of bed legs are sold with the house. The question was unsettled, so the buyer does not get them. The Rashbam explains that they are pieces of wood put under the legs to prevent the legs from sticking to the floor. We asked whether or not they are sold with the bed. The Rambam explains that we asked only about fixed Malbenos of windows. The Rashba holds that the question was even when they are on pegs. The Rashbam holds that the question was only when they are on pegs, for if they are fixed, surely they are acquired. I do not know what forced them to explain this way.

(c)Poskim

1.Shulchan Aruch (CM 214:11): If one sells a house, he sells everything fixed, e.g. the door, the latch, the lock, the frame around a millstone, the fixed mortar, the Tanur, Kirayim and millstone if they are fixed, and Malbenos of doorways that are fixed with plaster.

i.Beis Yosef (DH v'Din): The Rashbam explains that if they are on pegs they are easy to remove, and they are not needed so much for the doorway.

ii.Gra (42,43): Even though the Beraisa says that R. Eliezer says that he sells a mortar was affixed, and Chachamim (the first Tana) disagree, we follow our Stam Mishnah. We say that a Stam Mishnah is an individual's opinion (and the Halachah does not follow it) only when the Gemara says so. Likewise, since our Mishnah is R. Eliezer, a fixed oven is sold.

2.Rema: Some say that if they are fixed through pegs, this is not considered fixed.

i.SMA (45): No one argues with this! It is difficult to say that he refers to the Rashbam, who says that R. Zeira asked 'if you will say that Malbenos of doors, (even) when on pegs, are sold, what is the law of Malbenos of windows?' (This implies that the Halachah is that Malbenos of doors (on pegs) are sold.) If so, the Rema should have said 'some say that if they are fixed through pegs, this is considered fixed', for the Mechaber rules that they are not fixed! Also, the rule that the Halachah follows every 'if you will say that...' does not apply when the Gemara said that the law is not resolved! I say that 'some say that' should be deleted from the text of the Rema. He comes to explain the Mechaber. One might have thought that pegs make a better connection than plaster; the Rema teaches that this is not so. Perhaps the letters 'Yud Aleph', which designate Sa'if 11, became mistaken for 'Yesh Omrim.' Alternatively, sometimes the Rema says 'some say that' even when no one disagrees.

3.Shulchan Aruch (ibid): He did not sell the key, even if it is fixed in the door, nor a moveable mortar or funnel, nor Malbenos of bed legs or of windows, even if they are fixed with plaster, for they are just for decoration. If he said 'the house and everything inside', they are all sold.

i.Beis Yosef (DH u'Mah): The Tur did not understand the connection of Malbenos of bed legs to sale of a house. According to the Rambam and Ri mi'Gash, we can say that since they are not moved with the bed, they are Batel to the ground and are sold with the house.

ii.SMA (46): Even if Malbenos of bed legs are fixed, since they pertain to the bed and not to the ground, they are not sold. Ir Shushan says that we discuss Malbenos that are not fixed. This is wrong. The Magid Mishneh says that we asked about fixed Malbenos. Even though the Rashbam says that we asked about Malbenos that are not moved with the bed, we cannot infer that they are fixed. Presumably he agrees that they are not sold even if they are fixed, for they do not pertain to the house. The Tur did not say that the Rambam needed to teach about when they are fixed.

iii.Note: The Rashbam (69a DH Malbenos) explained that we asked whether Malbenos of bed legs are sold with the bed!

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