Our Mishnah includes the houses that surround the Chatzer and the various kinds of pits (even in the house) in the sale of a Chatzer. It excludes Metalt'lin (even the things that we excluded from the sale of a house in the previous Mishnah (the key, the mortar etc., how much more so other Metalt'lin).

To include them in the sale, the seller will have to declare - 'Hu ve'Chol Mah she'be'Tocho'.

Even if he does however, the Tana Kama says that the bathhouse and the oil-press that are in the Chatzer - are not included in the sale.

According to Rebbi Eliezer - the sale of a Chatzer includes only the actual Chatzer itself, and nothing else.

The Beraisa adds to the Tana Kama's list of things that are sold together with the Chatzer ...

... outer rooms - that open into the Chatzer, and ...

... inner rooms - that open into other rooms that open into the Chatzer.

The Tana excludes 'Beis ha'Chulsa'os' - (areas whose sand is of a quality that can be used for glass-making) are not included in the sale.

Stores are included in the sale - provided they open into the Chatzer.

And the Tana concludes 'Pesuchos le'Ka'an u'le'Ka'an, Nimkaros imah', meaning that if the stores open into both the Chatzer and the outside, they are sold together with the Chatzer.

To reconcile this with another Beraisa cited by Rebbi Chiya, which rules ' ... Ein Nimkaros imah' - we establish the current Beraisa where the store is open more to the Chatzer than it is to the outside; whereas Rebbi Chiya's Beraisa speaks where it is open more to the outside.

If the seller (of the Chatzer) declares that he is selling 'Dirta' (a dwelling), then Rebbi Eliezer will concede that the houses are included in the sale, and he only argues with the Tana Kama if he declares that he is selling 'Darta' - a Chatzer.

The Tana Kama however, translates 'Darta' too as - a dwelling.

If the seller uses the Lashon 'Chatzer' - then the Tana Kama will concede to Rebbi Eliezer, that he only sells the actual Chatzer, but nothing that is in it.

In the second Lashon, Rava maintains that 'Darta' means 'Bati' even according to Rebbi Eliezer, and their sole bone of contention is - whether 'Chatzer' is restricted to the air of the Chatzer (Rebbi Eliezer), or whether it incorporates whatever is in it (Tana Kama).

When we say that the Tana Kama learns from the Chatzer ha'Mishkan, we mean that - a Chatzer is no different than the Chatzer of the Mishkan, in which the Torah (at the end of Terumah) incorporates the Kodesh Kodshim and the Kodesh, which are like independent rooms).

Assuming that we accept the second Lashon (which fits better with our Mishnah (which specifically uses the Lashon 'Chatzer'), we will rule that - 'Dirta', 'Darta' and 'Chatzer]), all imply 'Bati'.

Rava Amar Rav Nachman states that if Reuven sells Shimon a Chulsis and a Metzulah - (the depths of a river, where they would sometimes mine gold and silver, or fish), a Kinyan on one of them will not acquire the other.

Shmuel rules that if Reuven sells Shimon ten fields in ten different countries - a Kinyan on one of them will acquire all of them ...

... provided that he paid for them all before the Kinyan.

Consequently, to reconcile Shmuel with the ruling in the previous Perek that if someone makes a Chazakah one of two fields that are divided by a border, he acquires only the field on which he made a Chazakah, but not the other one - we establish that ruling by Nichsei ha'Ger, where no money has been paid.

And to reconcile Rava's previous ruling with Shmuel (even assuming that the purchaser prepaid for both the Chulsis and the Metzulah) - we point out that whereas the ten fields all share a common use (for planting), the Chulsis and the Metzulah serve two different purposes (the former, for sand, and the latter, for silver and gold, or fish).

Despite the fact that, in the case of the ten fields, Shimon paid Reuven all the money, he does not acquire all the lands with Kinyan Kesef - because we are speaking in a place where it is customary to write a Sh'tar, in which case, either a Sh'tar or Chazakah is required to finalize the Kinyan.

In the second Lashon, Rava Amar Rav Nachman holds that - a Kinyan on the Chulsis acquires the Metzulah, and vice-versa.

Despite Shmuel's statement, he needs to teach us that - because we would otherwise have thought that since the two are used for different purposes, each one requires an independent Kinyan.

Our Mishnah lists what is, and what is not, included in the sale of an oil-press. The details will be discussed immediately. In principle - whatever is attached, is included; whatever is detached, is not included.

According to Rebbi Eliezer - only the main beam is included in the sale.

According to the Tana Kama, In order to sell everything mentioned in the Mishnah, the seller will have to say 'Hu ve'Chol Mah she'be'Tocho' (like we learned in the previous Mishnahs).

Included in the sale of the olive-press are, the Yam - (the round tub into which the olives are placed for grinding), the Memel and the Besulos.

Rebbi Aba bar Mamal translates 'Memel' as 'Mefarch'sa, which means either the wooden boards with which one crushes the olives on the stone with the hole (into which the olives are placed for crushing), or (more likely) - the hollowed stone itself (which is attached).

Rebbi Yochanan translates 'Besulos' in this context as - twin vertical poles, which are used to hold the beam in place.

Not included in the sale are the Abirim, the Galgal and the Koreh. The Abirim are translated as 'Kavshi' (the wooden boards with which one crushes the olives) and the Galgal, as 'Chumr'sa' - (the wheel that lowers and raises the beam).

The Koreh is - the heavy beam that presses the boards on to the olives.

The Beraisa extends the list, adding the planks the wine-presses (from which the oil flows) and the lower mill, to the things that are sold. These planks (as opposed to the boards that our Mishnah listed among the things that are not sold) - are placed (as a permanent fixture) around the press, to prevent the olives from falling out of the press.

When the Tosefta lists 'Yetzarim' among the things that are sold - he really wrote 'Netzarim', the ropes that are used to tie the olives in place (presumably, they were tied round the planks, not the olives themselves).

According to the Beraisa, the lower millstone is sold, whereas the upper millstone is not - because the former is attached to the ground, whereas the latter is not.

The significance of the sequence of 'Mefarch'sa, Rechayim and Beis-ha'Bad' is - the fact that they comprise the stages in which the olives are pressed; first they are broken up in the Mefarch'sa, then ground in the mill and then pressed in the Beis-ha'Bad.

The Beraisa ends the list with 'Abirim, Sakin (sacks made of goat's hair) and Martzufin' (sacks made of leather) ...

... both of which are used to transport the olives to the olive-press.

These three are not sold - even if the seller declares 'Hu ve'Chol Mah she'be'Tocho'.

Next our Mishnah deals with the sale of a bathhouse, which, the Tana says, does nor include the planks, the bowls or the Balanyos (or Vila'os). The planks are used to stand on to protect the bathers' feet, either from the heat or from getting dirty, the bowls - for washing Oneiself (see also Rabeinu Gershom).

The Vila'os (or Balanyos) are - either entrance curtains or towels (presumably, Balanyos are exclusively the latter).

All of these will be sold if the seller stipulates 'Hi ve'Chol Mah she'be'Tochah', except for the pools of water and - the wood-stores.

Included in the sale of a bath-house, the Beraisa lists the Beis ...

... ha'Nesarim - the room where the planks are stored.

... ha'Yikmin (assuming that it is not the room where the barrels [into which they pour the boiling water for bathing] are stored) - the room where one stores the head-cloths that are worn by the bathers (to protect themselves from the heat).

What these rooms, as well as the Beis ha'Sapalim and the Beis ha'Vila'os, have in common is the fact that - they all adjoin the bathhouse.

The Tana rules that the 'Nesarim, the Yikmin, the Sapalim (the bowls) and the Vila'os' themselves - are not included in the sale.

Instead of 'Sapalim' (the bowls) some texts have - 'Safsalim' (the benches).

In the list of things that are not sold, the Beraisa elaborates on the pools of water, by adding 'both in the summer and in the winter'. The Tana is coming to teach us that - even in the summer, when the pools do not contain much water, they are not Batel to the bathhouse, and are therefore not sold together with it.

'Hi ve'Chol Mah she'be'Tochah' is not effective in including these items in the sale - but 'Beis ha'Merchatz ve'Chol Tashmishav Ani Mocher lach' is.

In a case where Reuven sells Shimon an oil-press, and where he stipulates 'Beis ha'Bad ve'Chol Tashmishav Ani Mocher lach', Shimon anticipate receiving together with the oil-press - sesame-seeds that have been spread out in stores outside the oil-press, with the intention of pressing them for their oil.

Citing a Beraisa, Rav Yosef initially rules 'Im Amar Beis ha'Bad ve'Chol Tashmishav Ani Mocher lach - Kulan Mechurin'.

Abaye queries this ruling however, on the basis of a Beraisa cited by Rebbi Chiya, which rules - 'Ein Kulan Mechurin'.

Rav Ashi reconciles both Beraisos - by establishing the current Beraisa, where the seller also adds 've'Ilein Metzarnahah' (and these are their boundaries), and where the items in question are indeed within the boundaries that he specified.

The purchaser will not acquire the sesame-seeds on the grounds that they are within the borders that he specified, even if the seller did not specifically declare 'Beis ha'Bad ve'Chol Tashmishav ... ' - because we would then apply the principle 'Metzarim Hirchiv lo', as we discussed earlier in the Perek.

Once he adds the extra Lashon however, we do not apply the Sevara 'Metzarim Hirchiv Lo' - because sesame-seeds are fit (albeit slightly) to be used with the oil-press.

The alternative Lashon is - where the seller said 'Ilein Metzarna'a' first and then 'Beis ha'Bad ve'Tashmishav', then the purchaser will acquire everything (because they are all included in 'Ilein Metzarna'a'; but if he said it last, then, it only pertains to Beis ha'Bad, but not to Tashmishav, in which case we will apply the Sevara 'Metzarim Hirchiv lo', and he will not acquire the sesame-seeds.

The more correct version is - the first one.