1)WHAT IS INCLUDED IN A HOUSE

(a)(Mishnah): If one sells a house, the following are not included:

1.A Yatzi'a (a type of room), even if it opens into the house;

2.An inner room (for storing valuables);

3.The roof, if it has a Ma'akeh (protective railing) 10 Tefachim tall around it.

4.R. Yehudah says, if the Ma'akeh has a doorframe, even if it is not 10 Tefachim, it is not included.

(b)(Gemara) Question: What is a Yatzi'a?

(c)Answer #1 (Chachamim of Bavel): It is a lean-to (a low house next to or in back of a house).

(d)Answer #2 (Rav Yosef): It is a lean-to with many windows.

(e)The first opinion agrees that if it has windows, (all the more so) it is not sold (since it is for beauty, it is not primarily for dwelling);

(f)The second opinion says that if it has no windows, it is sold (since it is for dwelling).

(g)(Rav Yosef): Yatzi'a, Tzela and Tei (the names of chamber rooms surrounding the Heichal) are all the same;

1.It says "ha'Yatzi'a ha'Tachtonah Chamesh ba'Amah...", "veha'Tzela'os Tzela Al Tzela..." and "veha'Ta Kaneh Echad Orech...".

(h)(Mar Zutra): The Yatzi'a is excluded only if it is at least four Amos.

(i)Question (Ravina - Mishnah): A pit or cistern is not included, even if he wrote (that he sells) 'the depth and height';

1.Will you say that if they are less than four Amos, they are included?!

(j)Answer (Mar Zutra): Those are different, for they do not serve the same purpose as a house;

1.A Yatzi'a is for dwelling. If it is large, it is important by itself, so it is not included with the house;

2.If it is small, it is not important by itself, and it is included.

(k)(Mishnah): An inner room (for storing valuables).

(l)Question: If the Yatzi'a is not included (even though it is for dwelling), there is no need to teach about the inner room!

61b----------------------------------------61b

(m)Answer: It teaches that even if the seller delineated boundaries that include the room, it is not included.

2)SELLING ONE UNIT

(a)(Rav Nachman): If one sold a house in a big Birah (a building through which people pass, many houses are open to the Birah), even if he delineated boundaries of the entire Birah, he merely gave boundaries that people recognize.

(b)Question: What is the case?

1.If people call the house a house, and the Birah a Birah, this is obvious!

2.If people call also the Birah a house, he sold the whole Birah!

(c)Answer: Most people call the house a house, and the Birah a Birah. Some people also call the Birah a house;

1.One might have thought that he sold the whole Birah. Rav Nachman teaches that this is not so. Had he sold it, he would have written 'I do not omit anything from this sale.'

(d)(Rav Nachman): If one sold a field in a big valley, even if he delineated boundaries of the entire valley, he merely gave boundaries that people recognize.

(e)Question: What is the case?

1.If people call the field a field, and the valley a valley, this is obvious!

2.If people call also the valley a field, he sold it all!

(f)Answer: Most people call the field a field, and the valley a valley. Some people also call the valley a field;

1.One might have thought that he sold it all. Rav Nachman teaches, this is not so. Had he sold it, he would have written 'I do not omit anything from this sale.'

(g)Rav Nachman needed to teach both cases;

1.Had he taught only about the house, one might have thought that he did not sell the whole Birah, because it does not serve the same purpose as the house, but he sold the whole valley, because it serves the same purpose as the field.

2.Had he taught only about the field, one might have thought that he did not sell the whole valley, because the only way to give the borders was to say whose fields surround him, but he sold the whole Birah, because had he sold only the house, he would have specified its borders.

(h)(Rav Mari, son of Shmuel's daughter): One who sells something must write 'I did not omit anything from this sale.'

1.This is like Rav Nachman.

3)WHAT IS INCLUDED IN A SALE OF LAND

(a)Reuven sold to Shimon 'the land of Bei Chiya.' He owned two lands of that name.

(b)(Rav Ashi): He said that he is selling only one land;

1.If he sold 'the lands of Bei Chiya', this connotes at least two;

2.If he sold 'all his land', this includes all his land, except for gardens and vineyards;

3.If he sold his 'Zihara (inheritance)', gardens and vineyards are included, but houses and slaves are not;

4.If he sold 'his property', even houses and slaves are included.

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