Bava Basra 67a

בבא בתרא ס״ז ע״א

Bava Batra 67a

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Topic

What is included when selling a חצר, and when one act of possession acquires several properties

Overview

The amud opens with the end of an earlier discussion: a daughter's tenth of her father's estate was collected even from fixed millstones, and רב אשי adds that in רב כהנא's house they collected it even from rent money. Then a new משנה begins. Someone who sells a חצר sells the houses, pits, ditches and caves in it, but not the movables, unless he says 'it and everything in it.' Either way, the bathhouse and the olive press are not sold, and רבי אליעזר says only the open space of the חצר is sold. A ברייתא adds that outer and inner houses are included. Stores go with the חצר if they open into it, and the גמרא settles a contradiction with רבי חייא: a store that opens both ways goes with the חצר only if it is mostly used from inside. רבה explains that the dispute with רבי אליעזר is about what the seller's word means, and two versions of his explanation are given. Finally, רב נחמן rules that taking possession of a sand field does not acquire a pond sold with it. The גמרא defends this against שמואל's rule about ten fields: properties with different uses need separate acts of acquisition. The amud ends by opening a second version of that discussion, which continues on the next amud.

Opening lines

The steps (17)

1. StatementCollecting the daughter's tenth even from millstones
2. Statementרב אשי: even rent money was included
3. StatementSelling a courtyard: what is included by default
4. StatementSaying 'it and everything in it' includes the movables
5. StatementBathhouse and olive press are never included
6. Statementרבי אליעזר: only the open space is sold
7. Statementברייתא: outer and inner houses are included
8. Statementברייתא: which stores go with the courtyard
9. Statementרבי אליעזר in the ברייתא: only the open space
10. Challengeרבי חייא teaches the opposite about two-way stores
11. ResolutionIt depends where most of the use is
12. Statementרבה explains the courtyard dispute through the seller's exact word
13. StatementA second version of רבה: the argument is over the word 'חצר'
14. StatementBuying a sand field and a pond: taking possession of one does not acquire the other
15. ChallengeChallenge from שמואל: one field acquires ten fields
16. ResolutionSame kind of land versus different uses
17. StatementIntroducing a second version of the discussion