Mishnah 1
1)
The first thing that the Mishnah lists that is not automatically included in the sale of a house (or the main room of a house) is the Yatzi'a. What is a 'Yatzi'a'?
What if it opens into the house?
Where might it be built, besides adjoining the outside wall of the house?
On what condition will the Yazti'a be automatically included in the sale?
Why is that?
1)
The first thing that the Mishnah lists that is not automatically included in the sale of a house (or the main room of a house) is the 'Yatzi'a' - a balcony (Mirpeset) ...
... even if it opens into the house.
A Yatzi'a either adjoins the outside wall of the house - or is built inside the wall itself (as was the case in the Beis-ha'Mikdash).
It will automatically be included in the sale however - if it is less that four Amos wide ...
... because then it is not Chashuv and Bateil to the house.
2)
Neither is the (store)room that is within the house included in the sale (See Tosfos Yom-Tov & Tiferes Yisrael). What if it opens into it?
On what condition is the flat roof too, precluded from the sale?
What does Rebbi Yehudah say about that? On what condition does he preclude the roof from the sale even if it does not have a Ma'akah of ten Tefachim?
Like whom is the Halachah?
2)
Neither is the (store)room that is within the house included in the sale (See Tosfos Yom-Tov & Tiferes Yisrael) - even if it opens into it.
The flat roof too, is precluded from the sale - provided it has a Ma'akah (a parapet) that is at least ten Tefachim tall.
According to Rebbi Yehudah it is precluded even if it does not - if it has a Tzuras ha'Pesach (comprising two posts and a crossbar).
The Halachah is - like the Tana Kama.
Mishnah 2
3)
The Tana goes on to preclude from the sale of a house the water-pit and the Dus. What is a 'Dus'?
Will the Din differ if Reuven (the seller) specifically writes 'Umka ve'Ruma' (the depth and the height) in the contract (See Tos. Yom-Tov)?
Why are these two items (as well as the previous ones) not included in the sale?
What would Reuven have to write to include them in the sale?
3)
The Tana goes on to preclude from the sale of the house the water-pit and the 'Dus' - (an enclosure (above ground) ...
... even if Reuven (the seller) specifically writes 'Umka ve'Ruma' (the depth and the height) in the contract.
These two items (as well as the previous ones) not included in the sale - because they serve a different purpose than the main rooms in the house.
To include them in the sale, Reuven would have to write - 'me'Ar'is Tehoma ad Rum Raki'a'.
4)
According to Rebbi Akiva, Reuven will have to purchase access to his pit and enclosure from Shimon (the buyer). Why is that?
What do the Chachamim say?
On what condition does Rebbi Akiva concede that it is not necessary to do so?
Why is that?
4)
According to Rebbi Akiva, Reuven will have to purchase access to his pit and enclosure from Shimon (the buyer) - due to the fact that 'a seller sells generously'.
The Chachamim say - that this is not necessary, because 'a seller sells reluctantly'.
Rebbi Akiva concede that it is not necessary to do so - if he specifically stated 'except for these' ...
... which is otherwise superfluous (See Tos. Yom-Tov).
5)
What do Rebbi Akiva and the Chachamim respectively hold there where Reuven sells the pit or the enclosure (and not the house) to Shimon? Does Shimon need to purchase access to it from Reuven?
Like whom is the Halachah?
5)
Where Reuven sells the pit or the enclosure (and not the house) - they switch their rulings (based on the same reasons). Rebbi Akiva holds Shimon does not need to purchase access to it from Reuven; the Rabbanan holds that he does.
The Halachah is - like Rebbi Akiva (See Tos. Yom-Tov).
Mishnah 3
6)
Why, if Reuven sells Shimon a house, is ...
... the door included in the sale?
... the key not included?
Based on the same S'vara, which kind of mortar does Shimon automatically acquire and which kind does he not acquire?
By the same token, he acquires the Itzrubel but not the Keles (parts of a grinding mill). What is ...
... 'Itzrubel'?
... 'Keles'?
And again by the same token, Shimon does not acquire the oven (Tanur) or the stove (Kirayim). Why do some texts then read that he does acquire them?
On what condition does Shimon acquire all of the above?
6)
If Reuven sells Shimon a house ..
... the door is included in the sale - because it is attached to it, and whatever is attached is automatically included.
... the key is not included - because it is moveable (See Tos. Yom-Tov), and whatever is moveable, is not included.
Based on the same S'vara, which kind Shimon automatically acquires - a mortar that is attached to the ground, but not one that is not.
By the same token, he acquires ...
... the 'Itzrubel' - the round wooden base that is attached to the ground, but not ...
... the 'Keles' - the stone receptacle that surrounds the mill, that fits onto the Itzrubel and receives the ground flour (also called the 'Afarcheses').
And again by the same token, Shimon does not acquire the oven (Tanur) or the stove (Kirayim). Some texts read that he does acquire them - because according to them, the Mishnah is speaking about ovens that are attached.
Shimon acquires all of the above - if Reuven specifically stipulates that he is selling the house and all that it contains.
Mishnah 4
7)
If someone sells a Chatzer, the houses, Boros, Shichin and Me'aros are included in the sale. What, in one word, does the Mishnah say is not included?
On what condition are they included?
Not included in the sale however, are two items, even if the seller did make the stipulation. One of them is the bathhouse. What is the other?
Why is that?
7)
If someone sells a Chatzer, the houses, Boros, Shichin and Me'aros are included in the sale (See Tos. Yom-Tov). 'Metalt'lin, says the Mishnah, are not.
They are included however - if the seller stipulates 'it and all that is in it).
Not included in the sale however, are two items, Not included in the sale however, are two items, even if he did make the stipulation. One of them is the bathhouse, the other - the oil-press ...
... since they do not fall under the classification of Chatzer (See also Tos. Yom-Tov).
8)
Rebbi Eliezer is even more strict with the purchaser. What does he say?
Like whom is the Halachah?
8)
Rebbi Eliezer is even more strict with the purchaser. According to him - the seller has only sold the Chatzer itself together with the air of The Chatzer, but not anything in it, even the various kinds of pits (See Tos. Yom-Tov.
The Halachah is - like the Tana Kama.
Mishnah 5
9)
If someone sells an oil-press, says the Mishnah, the Yam is included. What is the 'Yam'?
So are the Mamal (the upper mill-stone) and the Besulos. What are the 'Besulos'?
9)
If someone sells an oil-press, says the Mishnah, the 'Yam' - (the large stone container in which the olives are ground) is included (See Tos. Yom-Tov).
So are the Mamal (the upper mill-stone) and the 'Besulos' - (the cedar poles which hold the boards of the olive-press in place [See also Tos. Yom-Tov]).
10)
Not included in the sale are the Achirin (the heavy planks), the wheel and the beam. What purpose do the 'Achirin' serve?
And what does the wheel do?
On what condition are all of the above included in the sale?
What does Rebbi Eliezer say about the beam?
10)
Not included in the sale are the Achirin (the heavy planks), the wheel and the beam. One places the Achirim on the sacks of olives to press them.
The wheel - lowers the upper millstone on to the olives.
All of the above included in the sale - provided the seller states 'It and all that it contains'.
Rebbi Eliezer maintains - that the beam is included in the sale anyway (See Tos. Yom-Tov).
Mishnah 6
11)
The Mishnah now discusses the sale of a bathhouse, which does not include the planks (Nesarim), the Safsalim (benches to sit on) or the Vila'os (curtains). What is the purpose of the planks?
Some texts read (not 'Safsalim', but) Safalim. What are the 'Safalim'?
Besides the curtains hanging at the entrance of the bathhouse, 'Vila'os' might also mean Aluntis or Sinar. What is ...
... an 'Aluntis'?
... a 'Sinar'?
11)
The Mishnah now discusses the sale of a bathhouse, which does not include the planks (Nesarim - on which one puts one's clothes), the Safsalim (benches to sit on) or the Vila'os (curtains [See Tos. Yom-Tov]).
Some texts read (not 'Safsalim', but) 'Safalim' - the basins in which one washes.
Besides the curtains hanging at the entrance of the bathhouse, 'Vila'os' might also mean ...
'Aluntis' - (a towel) or ...
... 'Sinar' - (a small cloth (a sort of apron) with which one covers the lower half of one's body whilst sitting in the bathhouse).
12)
Here too, all the above are included in the sale if the seller stipulates 'Hu ve'Chol Mah she'be'Socho'. How many items are still precluded from the sale (unless he specifically includes them)?
One of them is the Meguros shel Mayim, the other storerooms of wood (to heat the bathhouse). What are the ' Meguros shel Mayim'?
12)
Here too, all the above are included in the sale if the seller stipulates 'Hu ve'Chol Mah she'be'Socho' - Two items are still precluded from the sale (unless he specifically includes them).
One of them is the 'Meguros shel Mayim' - (large moveable water-basins with which one fills the main pool), the other store-rooms of wood (to heat the bathhouse [See Tos. Yom-Tov]).
Mishnah 7
13)
What does the Mishnah say about the houses and various kind of pits in a case where someone sells a town?
Why does the Tana omit the Chatzeros?
Does the sale incorporate ...
... the bathhouses?
... the dovecotes?
... the oil-presses?
What does the Tana mean when he concludes the list with Beis ha'Shelachin?
13)
The Mishnah rules that if someone sells a town, the houses and various kind of pits - are all included in the sale.
The Tana omits the Chatzeros - because that is what the twon is made up of, and does not warrant mention.
The sale incorporates ...
... the bathhouses ...
... the dovecotes ...
... the oil-presses and ...
... the Beis ha'Shelachin - (the gardens and orchards [See Tos. Yom-Tov]).
14)
What is not included in the sale?
This includes keys and millstones. How about wheat and barley?
What, besides those just mentioned, are included in the sale, in the event that he stipulates 'Hi ve'Chol she'be'Sochah'?
According to Raban Shimon ben Gamliel, the Santer is automatically included in the sale of the town. What is the 'Santer'?
Like whom is the Halachah?
14)
Not included in the sale are - the Metalt'lin.
This includes keys and millstones - wheat and barley.
In the event that he stipulates 'Hi ve'Chol she'be'Sochah', besides those just mentioned - the animals and the Avadim are included.
According to Raban Shimon ben Gamliel, the 'Santer' - (the town-guard [See Tos. Yom-Tov]) is automatically included in the sale of the town.
The Halachah is not like Raban Shimon ben Gamliel.
Mishnah 8
15)
Among the items that are automatically included in the sale of a field the Tana lists the stones and the canes. Which ...
... stones is he referring to?
... canes?
On what condition does he include ...
... the produce?
... Mechitzas ha'Kanim (a batch of canes) that are growing (on one stalk) in the field?
... the guard's hut that stands there?
The Mishnah also include in the sale carob-trees and Besulas ha'Shikmah (a wild fig-tree). What sort of carob-trees is he referring to?
What is 'Besulas ha'Shikmah'?
15)
Among the items that are automatically included in the sale of a field or a vineyard the Tana lists ...
... the stones - that have been designated to build a wall round the field (See Tos. Yom-Tov). and ...
...the canes - to which the vines in the vineyards are attached (See Tos. Yom-Tov).
And he includes ...
... the produce - provided it has been detached ...
... Mechitzas ha'Kanim (a batch of canes) that is growing (on one stalk) in the field - as long as it takes up an area that is less than a Beis Rova (a quarter of a Kav ([See Tiferes Yisrael]).
... the guard's hut that stands there - if it is cemented to the ground (according to some texts, if it is not [See Tos. Yom-Tov]).
The Mishnah also includes in the sale - young carob-trees that have not yet been grafted (which will be explained later) and Besulas ha'Shikmah (a wild fig-tree).
'Besulas ha'Shikmah' is - a young wild fig-tree before its branches have been cut off.
Mishnah 9
16)
On what condition are even stones that are not required for the field, canes that are not needed for the vineyard and detached produce included in the sale of the field?
What does the Tana then say about a Mechitzas ha'Kanim that measures more than a Beis Rova or a hut that is not cemented to the ground (according to some texts, if it is)?
And the same applies to a grafted carob tree, a Sadan ha'Shikmah, a pit and a wine-press. What is a 'Sadan ha'Shikmah'?
What is special about ...
... it?
... a grafted carob-tree?
What reason do all the current items hav? in common.
16)
Even stones that are not required for the field, canes that are not needed for the vineyard and detached produce (See Tos. Yom-Tov) are included in the sale of the field - if the seller specifically stated 'Hi ve'Chol asher bah'.
The Tana then says that a Mechitzas ha'Kanim that measures more than a Beis Rova or a hut that is not cemented to the ground (according to some texts, if it is) - are not included in the sale either.
And the same applies to a grafted carob tree, a 'Sadan ha'Shikmah' - (a wild-fig tree after the branches have been cut off), a pit and a wine-press.
The reason behind the ...
... Sadan ha'Shikmah is - because it subsequently grows many branches.
... a grafted carob-tree - because it is its known by its name and is therefore not Bateil to the field.
In fact, the reason for all the current items is - because they are considered independent fields (See Tos Yom-Tov DH 'Lo es Mechitzas ha'Kanim').
17)
The Tana concludes the current list with a pit (See Tos. Yom-Tov) a wine-press and a dovecote. Does it make a difference whether the latter is inhabited or not?
According to Rebbi Akiva, the seller will have to buy the path leading to each of these items (as we learned earlier). On what grounds do the Chachamim hold that this is not necessary?
On what condition will Rebbi Akiva concede that it is not necessary to do so?
As we also learned earlier, if Reuven sold any of the above to Shimon, Shimon does not need to purchase the path that leads through his field to get to them. What do the Chachamim say?
17)
The Tana concludes the current list with a pit (See Tos. Yom-Tov) a wine-press and a dovecote - irrespective of whether the latter is inhabited or not.
According to Rebbi Akiva, the seller will have to buy the path leading to each of these items (as we learned earlier). The Chachamim hold that this is not necessary - because a seller tends to sell 'with a bad eye'.
Rebbi Akiva will concede that it is not necessary to do so - if he specifically stipulates 'Chutz me'Eilu' (as we learned earlier).
As we also learned earlier, if Reuven sold any of the above to Shimon, Shimon does not need to purchase the path that leads through his field to get to them. The Chachamim say - that he does.
18)
The current rulings pertain to a sale. What dos the Mishnah say about a gift?
How does this affect ...
... the things that we learned earlier in the Mishnah are not included in the sale?
... the ruling that precludes the path from the sale of the items that Reuven sells Shimon?
What is the reason for ...
... the former ruling?
... the latter ruling?
18)
The current rulings pertain to a sale. With regard to a gift, the Mishnah says - 'Nosein es Kulam'.
This affects ...
... the things that we learned earlier in the Mishnah are not included in the sale, even where he specifies 'Hi ve'Chol Mah she'be'Sochah' (such as the carob-tree, the Sadan ha'Shikmah and the pit) - in that they too, are included in the gift.
... the ruling that precludes the path from the sale of the items that Reuven sells Shimon - inasmuch as they are included in the case of a gift.
The reason for ...
... the former ruling is - because even the Chachamim agree that Someone who gives, gives 'with a good eye'.
... the latter ruling is - because, unlike the purchaser in a sale, who ought to have clarified what the seller sold him, the recipient of a gift is embarrassed to do so.
19)
What does the Mishnah say about ...
... brothers who divide the field that they inherited from their father?
... someone who makes a Chazakah on the field of a Ger who died?
What does the Tana Kama say about a field that the owner declares Hekdesh?
Why is that?
On what grounds, in all the curent cases, do they acquire the Ch'ruv and the Shikmah, which are not Bateil to the field?
19)
The Mishnah rules that, like in the case of Matanah, when ...
... brothers who divide the field that they inherited from their father, as well as ...
... someone who makes a Chazakah on the field of a Ger who died - make a Chazakah on the field - they automatically acquire all of the above-mentioned items.
The Tana Kama says - the same about a field that the owner declares Hekdesh ...
... because they hold - that someone who is Makdish, does so with 'a good eye'.
In all the current cases, they acquire the Ch'ruv and the Shikmah, even though they are not Bateil to the field - in the same way as one automatically acquires a second field that adjoins the field on which one is making a Kinyan if there is no border between them (See Tos. Yom-Tov DH 'Hichzik be'Chulan').
20)
According to Rebbi Shimon, most of the items listed in the Mishnah earlier that are not included in the sale, are not included in the declaration of Hekdesh either. Why is that?
Then why does he concede that the K'ruv ha'Murkav and the Sadan ha'Shikmah are included?
20)
According to Rebbi Shimon, most of the items listed in the Mishnah earlier that are not included in the sale, are not included in the declaration of Hekdesh either - because he holds that a person who is Makdish his property, like someone who sells it, does so 'with a bad eye'.
He nevertheless concedes that the K'ruv ha'Murkav and the Sadan ha'Shikmah are included - because they nurture from the field (that now belongs to Hekdesh [See Tos. Yom-Tov]).
