1)THINGS THAT SERVE THE BATHHOUSE

(a)Reuven said 'I sell to you an olivepress and everything that serves it.' There were stores outside of it (that mainly sold bread and wine, but were also used) for drying sesame (to make oil).

1.(Rav Yosef - Beraisa): If he said 'the bathhouse and everything that serves it', all are included. (The same applies here.)

2.Question (Abaye): R. Chiya taught that they are not all sold!

3.Answer (Rav Ashi): If he said 'the bathhouse and everything that serves it', and delineated the borders and the springs and storehouses are within the borders, they are included. If not, they are not included.

2)WHAT IS INCLUDED WITH A CITY?

(a)(Mishnah): If one sells a city, this includes the houses, pits, bathhouses, dovecotes, olivepresses and Beis ha'Shelachin (even if it is outside the city);

(b)Metaltelim are not included.

(c)If he said 'it and everything inside', even animals and slaves are included.

(d)R. Shimon ben Gamliel says, if one sells a city, the Santar (this will be explained) is included.

(e)(Gemara - Rav Acha brei d'Rav Avya): This implies that slaves are Metaltelim;

1.If they were like land, they should be included with the city!

(f)Question: If they are like Metaltelim, why does the Mishnah say 'even slaves are included'?

1.You must say that we distinguish between Metaltelim that move (by themselves) and those that do not;

2.Likewise, we can say that they are like land, and distinguish between land that moves and land that does not!

(g)(Mishnah - R. Shimon ben Gamliel): If one sells a city, the Santar is included.

(h)Question: What is a Santar?

(i)Answer #1 (Chachamim of Bavel): It is a slave appointed over the boundaries (whose field belongs to whom - Rashbam; R. Chananel - it is the city watchman).

(j)Answer #2 (Shimon ben Avtulmus): It is fields around the city.

1.The first opinion holds that all the more so, the fields are included;

2.The second opinion holds that the slave (or watchman) is not included.

(k)(Mishnah): ...Olivepresses and Beis ha'Shelachin.

(l)Version #1 (We are thinking that 'Shelachin' means fields, like it says "v'Shole'ach Mayim Al Penei Chutzos.")

(m)Question: We understand the first opinion. The first Tana includes fields, and R. Shimon ben Gamliel also includes the slave;

1.However, according to the second opinion, R. Shimon ben Gamliel repeats what the first Tana said!

(n)Answer: Really, 'Shelachin' means gardens - "Shelachayich Pardes Rimonim."

(o)Version #2 (We are thinking that 'Shelachin' means gardens.)

(p)Question: We understand the second opinion. The first Tana includes gardens, and R. Shimon ben Gamliel includes even fields;

68b----------------------------------------68b

1.However, according to the first opinion, the first Tana includes gardens (and excludes fields). Why does R. Shimon ben Gamliel include the slave, and not mention that (all the more so) he includes fields?!

(q)Answer: Really, 'Shelachin' means fields, like it says "v'Shole'ach Mayim...";

1.The first Tana includes fields, but not the slave. R. Shimon ben Gamliel includes also the slave.

(r)Question (against the second opinion - Beraisa - R. Yehudah): The Santar is not sold. The Ankulmus (the scribe who records who paid the tax) is sold.

1.Just like the Ankulmus is a person, also the Santar!

(s)Answer: We need not say that they are the same. The Ankulmus is a person, but the Santar is not.

3)WHAT IS INCLUDED WITH A CITY? (cont.)

(a)Question (Seifa of the Beraisa): He did not sell Sheireha, the surrounding villages, its Muktzeh forests (specific to the city), or the habitats of Chayos, birds and fish.

1.Question: What are Sheireha?

2.Answer: They are Bizli.

3.Question: What are Bizli?

4.Answer (R. Aba): They are pieces of fields (separated from the city by rocky areas).

5.Inference: These pieces are not sold, but fields themselves are sold!

(b)Answer: We must switch the Beraisa to say 'R. Yehudah says, the Santar is sold, but the Ankulmus is not sold.''

(c)Question: That is like R. Shimon ben Gamliel. R. Yehudah holds like Chachamim, and not like R. Shimon!

1.(Seifa of the Beraisa): He did not sell Sheireha, nor the surrounding villages...

2.R. Shimon ben Gamliel says that the villages are sold!

i.(Beraisa): The surrounding villages are not sold;

ii.R. Shimon ben Gamliel says, they are sold.

(d)Answer: R. Yehudah holds like R. Shimon ben Gamliel regarding the Santar, but not regarding the villages.

(e)(Beraisa): He did not sell the habitats of Chayos, birds and fish.

(f)Contradiction (Beraisa): If there were villages, they are not included;

1.If part of the city was on the sea and part on the land, the minority is (Rashbam; Rambam - not) sold with the city;

2.The sale includes habitats of Chayos, birds and fish.

(g)Answer: If the opening of the habitat faces the city, it is included. If not, it is not.

(h)Question (Beraisa): He did not sell its Muktzeh forests (specific to the city, even though they face it).

(i)Answer: Here, Muktzeh means that they are set off from it (and face away).

4)WHAT IS INCLUDED WITH A FIELD

(a)(Mishnah): If one sells a field, this includes rocks needed for the field, reeds needed for a vineyard, attached grain, clusters of reeds that are less than Beis Rova (the amount of land in which a quarter of a Kav of seed is sown, about 104 square Amos), a guardhouse that is not plastered, a young carob tree that has not yet been grafted, and a sycamore tree that has not yet been pruned;

(b)It does not include rocks and reeds not needed for the field, or detached grain;

(c)If he said 'it and everything inside', all these are included.

(d)In any case, he did not sell a thicket of reeds that is more than Beis Rova, a guardhouse that is plastered, a grafted carob tree, or a pruned sycamore tree.

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