Bava Basra 69b

בבא בתרא ס״ט ע״ב

Bava Batra 69b

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Topic

Where the rule comes from that certain big trees are not sold with a field, and how a seller's exact wording decides which trees, palms and vines are included or kept back.

Overview

The גמרא asks for the source of the משנה's rule that a grafted carob and a sycamore trunk are not sold along with a field. רב יהודה in the name of רב brings it from the sale of שדה עפרון to אברהם: only trees that are 'within the borders all around' are included. רב משרשיא learns from the same פסוק that borders are part of a sale מן התורה. Then רב יהודה advises that a land sale document should list the palm trees and smaller growths, even though the buyer gets them anyway. The גמרא goes through several ways a seller might describe the sale ('land and palms', 'land with palms', 'land of palms', 'except for this palm') and what each wording means. Next it rules on what a seller keeps when he sells a field 'except for the trees', depending on which kinds of trees, palms or vines are in the field. Finally רב gives a rope test: only a tree big enough that you must climb it with a rope counts as kept by the seller.

Opening lines

The steps (11)

1. QuestionWhat is the source for the exclusion?
2. ResponseThe source is the field of עפרון
3. StatementBorders are part of a sale from the Torah
4. StatementSpelling out the trees in a sale document
5. StatementSelling 'land and palm trees'
6. StatementSelling 'land with palm trees'
7. StatementSelling 'land of palm trees'
8. StatementSelling land 'except for a certain palm tree'
9. StatementSelling a field except for the trees when there is only one kind
10. StatementWhich kind is kept when the field has two kinds
11. Statementרב's rope test for which trees the seller keeps