BAVA BASRA 78 (14 Nisan) - dedicated by Mr. D. Kornfeld l'Iluy Nishmas his grandmother, Chayah bas Aryeh Leib Shpira (nee Sole), on the day of her Yahrzeit.


(a)Question: If the price is not a proof, the sale should be invalid! (He overcharged much more than a sixth.)

1.Suggestion: Chachamim holds that overcharging does not invalidate a sale.

2.Rejection (Mishnah - R. Yehudah): If one sells a Sefer Torah, animal or pearl, the buyer cannot claim Ona'ah (that he was overcharged);

i.Chachamim say, only the exceptions we listed (Bava Metzia 56a - slaves, documents, land and Hekdesh) are not subject to Ona'ah.

(b)Answer #1: Indeed, Chachamim say that the price is not a proof, i.e. the sale is invalid.

(c)Answer #2: Chachamim say that Ona'ah and voiding of the sale apply to a case in which one could err;

1.If clearly he knew that the price is too high, he gave the extra money for a gift.


(a)(Mishnah): If one sells a donkey, he does not include its Kelim;

(b)Nachum ha'Midi says, he includes its Kelim.

(c)R. Yehudah says, sometimes they are included, and sometimes not;

1.If the donkey was in front of him and the Kelim were on it, and the buyer said 'sell to me this donkey of yours', they are included;

2.If the buyer asked 'is this your donkey (so I can buy it)?' they are not included.

(d)(Gemara - Ula): They argue about bags (for loads) and a saddle for women;

1.The first Tana holds that donkeys are normally for men to ride on, so these are not included;

2.Nachum ha'Midi holds that donkeys are (also) for carrying loads (and women), so they are included;

i.All agree that Kelim needed for riding (e.g. (men's) saddles) are included.

(e)Question (Beraisa): If one said 'I sell to you a donkey and its Kelim', Kelim needed for riding are included, but not bags or women's saddles;

1.If he said 'it and everything on it', all these are included.

2.Inference: Had he not said 'I sell to you a donkey and its Kelim', he would not acquire Kelim needed for riding!

(f)Answer: No, even without saying this, he acquires them;

1.The Chidush is that even when he says this, bags and women's saddles are not included.

(g)Question: Do they argue when the Kelim are on the donkey, but when they are not, Nachum ha'Midi admits that they are not included?

1.Or, do they argue when the Kelim are not on the donkey, but when they are on it, Chachamim (the first Tana) admits that they are included?

(h)Answer #1 (Beraisa): If he said 'it and everything on it', all these are included.

1.If they argue when the Kelim are on the donkey, the Beraisa is Chachamim;

2.However, if they argue when the Kelim are not on it, but when they are on it, all agree that they are included, the Beraisa is not like anyone! (Even though the bags are on it, they are included only if he said 'it and everything on it'!)

(i)Rejection: Really, they argue when the Kelim are not on it. The Beraisa is Chachamim;

1.It discusses when (the bags are not on it, and) he said 'it and everything fitting to be on it.'

(j)Answer #2 (Mishnah - R. Yehudah): Sometimes they are included, and sometimes not...

1.Suggestion: R. Yehudah discusses the same case as the first Tana, i.e. the Kelim are on it.

(k)Rejection: No R. Yehudah teaches a new case.


(l)Answer #3 (Ravina - the previous Mishnah): If one sells a wagon, he did not sell the mules. If he sold the mules, he did not sell the wagon;

1.Rav Tachlifa bar Ma'arava - Beraisa): If one sells a wagon, he sells the mules.

2.R. Avahu: Our Mishnah says that he did not sell the mules!

3.Rav Tachlifa: I will no longer recite this Beraisa (it is mistaken).

4.R. Avahu: It is not mistaken. The case is, the mules are attached to the wagon.

5.Summation of answer: In the Beraisa, the mules are attached, but in the (previous) Mishnah, they are not attached. Presumably, also in our Mishnah they are not on it!

(m)Rejection (the first Mishnah of our Perek): He did not sell the slaves or Antiki;

1.(Rav Papa): Antiki is the merchandise in it.

2.In the first Mishnah, they are on it. Presumably, the same applies in our Mishnah!

(n)Conclusion: Each Mishnah is independent. They need not be like each other.

(o)(Abaye): The following Tana'im all say that when one sells something, he includes everything used with it: R. Eliezer, R. Shimon ben Gamliel, R. Meir, R. Noson, Sumchus, and Nachum ha'Midi.

1.(Mishnah - R. Eliezer): If one sells an olivepress, the beam is included.

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

3.(Beraisa - R. Meir): If one sells a vineyard, everything needed for it is included.

4.R. Noson and Sumchus say that a small boat is included with a ship (73a).

5.Nachum ha'Midi says so in our Mishnah.

(p)(Mishnah - R. Yehudah): Sometimes, they are included...

(q)Question: What is the difference whether he says 'sell to me this donkey of yours' or 'is this your donkey?'?

(r)Answer (Rava): When he says 'this donkey of yours', he already knew that he owns it. 'This' comes to include the Kelim;

1.When he says 'is this your donkey?', he did not know whether or not he owns it. He just asks if it is his to sell.


(a)(Mishnah): If one sells a donkey, he included the Si'ach (baby donkey). If one sells a cow, the calf is not included.

(b)If one sells a wasteheap, the manure is included. If one sells a pit, the water is included.

(c)If one sells a hive, the bees are included. If one sells a dovecote, the doves are included.

(d)(Gemara) Question: What is the case?

1.If he said 'I sell it and its son', a calf should be included with the cow!

2.If he did not say 'it and its son', why is the Si'ach included?

(e)Answer (Rav Papa): He sold 'a nursing donkey (or cow)';

1.Regarding a cow, we can say that he mentioned that it is nursing, for the milk is valuable;

2.Regarding a donkey, we must say that he mentioned that it is nursing to include the Si'ach.


(a)Question: Why is a baby donkey called a Si'ach?

(b)Answer: It is because it follows a gentle Sichah (voice).

(c)Question (R. Shmuel bar Nachmani): What is the meaning of "Al Ken Yomeru ha'Moshelim..."?

(d)Answer (R. Shmuel): "Ha'Moshelim" are people who Moshel (rule over) their evil inclinations;

1."Bo'u Cheshbon" - come, make the most important calculation, i.e. what one loses to do a Mitzvah, compared to the reward he will receive, and what one gains by a transgression, compared to what he will lose from it;

2."Tibaneh v'Sikonen" - if you do so, you will be built in this world and prepared for the world to come;

3."Ir Sichon" - if one acts like an Ayar (Si'ach), and follows the voice of his evil inclination and heresy, "Esh Yotz'ah mi'Cheshbon";

i.Fire from those who calculate will consume those who do not calculate.

4."Lehavah mi'Kiryas Sichon" - from the city of Tzadikim, who are called Sichin (trees).

5."Achlah Ar..." refers to one who follows his evil inclination, like an Ayar.

6."Ba'alei Bamos..." are haughty people;

i.Anyone who has haughtiness falls to Gehinom.

7."Va'Niram" - a Rasha says 'Ein Ram' (he denies the Exalted, i.e. Hash-m) and "Ovad Cheshbon" (people are not judged).

8."Ad Divon" - Hash-m says, 'wait until judgment will come!'

9."Va'Nashim Ad Nofach" - a fire will come that need not be fanned.

10."Ad Meideva" - until their Neshamos will be distraught.

i.Some explain, until Hash-m punishes them like d'Boi (He wants).