1)ACQUIRING THE HEIGHT AND DEPTH (cont.)

(a)Support (for Rav Dimi - Mishnah): The roof (is not included) if it has a Ma'akeh 10 Tefachim tall.

1.If the depth and height are included even though he did not write them, even if it has a Ma'akeh of 10 Tefachim, it should be included!

(b)Rejection: A roof with a Ma'akeh 10 Tefachim tall is important, so it is not included.

(c)(Ravina): We may learn from (what Rav Papa said in) the above discussion!

1.(Reish Lakish): This (Beraisa of Ma'aser) teaches that if one sells a house and stipulates 'on condition that the top is mine', the top is his.

2.Question: What law do we learn from this?

3.Answer #1 (Rav Zvid): He may extend ledges from it.

4.Answer #2 (Rav Papa): He may build another story on top of it.

5.If the depth and height are included in the sale when he did not write them, the seller would not need to write them!

(d)Rejection (Rav Ashi): He must write them to secure the right to rebuild it if it falls.

2)DOES ONE SELL GENEROUSLY OR STINGILY?

(a)(Mishnah - R. Akiva): If Reuven sold his house to Shimon; Shimon does not acquire the pit and cistern, even if Reuven wrote 'the depth and height';

1.(If Reuven wants to use them) he must buy the rights to a path to them.

(b)Chachamim say, (he may use them, and) he need not buy a path.

(c)R. Akiva admits, if Reuven sold his house 'except for the pit and cistern', he need not buy a path.

(d)R. Akiva says, if Reuven sold his house to Shimon, and the pit and cistern to Levi, Levi need not buy a path;

(e)Chachamim say, he must buy a path.

(f)(Gemara - Ravina) Question: Why must the Mishnah teach both a pit and cistern?

(g)Answer (Rava Tofa'ah - Beraisa): A pit and cistern are essentially the same. A pit is merely a hole; a cistern is a building (of stones) inside a pit.

(h)(Mishnah - R. Akiva): Reuven must buy a path;

(i)Chachamim say, he need not...

(j)Suggestion: R. Akiva holds that one sells generously (he does not retain a path for himself), and Chachamim hold that one sells stingily.

64b----------------------------------------64b

1.In many places, we say that R. Akiva holds like this. Our Mishnah is the source!

(k)Rejection: Perhaps R. Akiva holds that one does not pay for a house on condition that others will have rights to walk through it (therefore we assume that the seller did not retain a path);

1.Chachamim hold that (a seller) would not take money and lose all access to his property (that he retained).

(l)Suggestion: From the Seifa, we may derive their opinions about selling generously or stingily.

1.(Seifa - R. Akiva): If Reuven sold his house to Shimon, and the pit and cistern to Levi, Levi need not buy a path;

2.Chachamim say, he must buy a path.

(m)Rejection: Perhaps R. Akiva holds that (Levi's) objection to not having access to his pit overrides (Shimon's) objection to people walking through his house (therefore, Reuven gives Levi a path), and Chachamim hold the opposite.

(n)Suggestion: We may derive their positions from another Mishnah.

1.(Mishnah - R. Akiva): One who sells a field does not sell the pit, winery or dovecote, whether these are barren or full. He must buy a path to them;

2.Chachamim say, he need not buy a path.

3.Question: If their reasons are like above (one's insistence that others not walk through his property, or having access to his property), we already know this from our Mishnah. Why was the argument repeated?

4.Answer: Rather, we must say that R. Akiva holds that one sells generously, and Chachamim hold that one sells stingily.

(o)Rejection: Perhaps we must teach the argument about a house and about a field;

1.Had we taught only about a house, one might have thought that only in a house (R. Akiva says that) privacy (of the buyer) is the greater concern;

2.Had we taught only about a field, one might have thought that only there (R. Akiva says that the seller does not keep a path because) trampling on the field harms the field.

(p)Rather, we may derive their positions from the Seifa;

1.(Seifa - R. Akiva): If Reuven sold his field to Shimon, and the pit, winery or dovecote to Levi, Levi need not buy a path;

2.Chachamim say, he must buy a path.

3.Question: If their reasons are like above (they argue about which is stronger, one's insistence that others not walk through his property, or having access to his property), we already know this from the Seifa of our Mishnah. Why was this repeated?

4.Answer: We conclude that R. Akiva holds that one sells generously, and Chachamim hold that one sells stingily.