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Bava Basra 61b

בבא בתרא ס״א ע״ב

Bava Batra 61b

Learn Bava Basra 61b step by step: Aramaic beside English, every question, answer and proof colour-coded.

Open Bava Basra 61b in Gemara Clarity

Topic

How the wording of a sale decides what is sold: outer boundaries (מצרים) that are only a broad description, the clause 'I held back nothing', and what words like ארעא, ארעתא and זיהרא include.

Overview

The גמרא explains that the משנה's rule (a room behind the house is not sold with it) holds even when the seller listed boundaries outside that room. It supports this with רב נחמן in the name of רבה בר אבוה: a seller who sells one residence in a big בירה and lists the building's outer boundaries has only described the location broadly. The גמרא asks what case this covers and answers with a mixed place, where people use the words in different ways. Since the seller did not write 'I have not held back anything', he clearly kept something back. רב נחמן gives the same ruling for a field inside a large בקעה, with the same question and answer. The גמרא then explains why both rulings were needed, since each case has a feature the other lacks. It shows that אביי's advice to always write 'I have not held back anything' follows רב נחמן. Finally, through רב אשי's case of two plots called 'בי חייא' and a list of sale wordings, the גמרא shows how much each wording covers: 'land' is one plot, 'lands' is two, 'all lands' is every field but not orchards, and 'זיהרא' takes in orchards too but not houses or slaves.

Opening lines

לָא צְרִיכָא,

No, it is necessary,

דְּאַף עַל גַּב דִּמְצַר לֵיהּ

for even though he marked out the boundaries for him

מִצְרֵי אַבָּרַאי –

with boundaries on the outside –

כִּדְרַב נַחְמָן,

In accordance with Rav Naḥman,

The steps (20)

  1. ResolutionEven when outer boundaries were listed
  2. Statementרב נחמן: wide boundaries are only a general description
  3. QuestionWhat case is רב נחמן talking about?
  4. ChallengeIf a building is also called a residence, all was sold
  5. ResolutionA mixed place where most people separate the words
  6. ConclusionThe missing clause shows he held something back
  7. StatementSelling a field inside a big valley
  8. QuestionWhat is the case? If the words are kept apart, it is obvious
  9. ChallengeIf a valley is also called a field, everything should be sold
  10. ResolutionThe case: a place with mixed usage
  11. ConclusionProof: he never wrote 'I held back nothing'
  12. ResponseWhy both rulings were needed: the house case alone was not enough
  13. ResponseWhy the valley case alone would not be enough
  14. QuestionWhose view does אביי's sale clause follow?
  15. ResponseThe clause follows רב נחמן
  16. QuestionA seller with two plots of the same name
  17. Responseרב אשי: only one plot is sold
  18. StatementSaying 'lands' with no number means two
  19. Statement'All lands' means all fields but not orchards
  20. Statement'זיהרא' includes orchards but not houses or slaves