Babylonian Talmud: Tractate Baba Bathra

Folio 69a

GEMARA. What is meant by STONES WHICH ARE FOR USE IN IT? They translated it here¹  as 'weight stones'.²  'Ulla said that they are stones laid in order for making a fence. But has not R. Hiyya learned that they are stones piled up³  for making a fence? — Read [instead of piled up] 'laid in order'.

[You say,] 'Here they translate "weight stones"'. According to R. Meir,⁴  [this means] if they are ready for use even though they have not yet actually been used,⁵  but according to the Rabbis only if they have been actually used.⁶  If we take the view of 'Ulla that they are stones laid in order for making a fence, then according to R. Meir [it would be sufficient] if they are ready even though they have not been laid in order,⁷  while according to the Rabbis they must have been laid in order.

CANES⁸  WHICH ARE FOR USE IN THE VINEYARD. What are these canes for? — In the school of R. Jannai it was explained to mean canes which are placed under the vines [to support them]. According to R. Meir [they would be sold with the field] if they are peeled even though they have not yet been fixed, according to the Rabbis only if they have been fixed.

PRODUCE STILL ATTACHED TO THE SOIL. Even though it is ripe for cutting down.⁹

A CLUMP OF REEDS LESS THAN A BETH ROBA'. Even though they are thick.¹⁰

A HUT THAT IS NOT CEMENTED. Even though it is not fixed in the soil.

A YOUNG CAROB AND A YOUNG SYCAMORE. Even though they are of good size.¹¹

BUT HE DOES NOT SELL THE STONES WHICH ARE NOT FOR USE IN IT. According to R. Meir [this is only] if they are not ready for use, but according to the Rabbis even if they simply have not yet been used. If we take the view of 'Ulla that they are stones laid in order for a fence, then according to R. Meir they are not sold only if they are not yet ready for use, but according to the Rabbis, even if they simply have not yet been laid in order.⁴

NOR THE CANES OF THE VINEYARD WHICH ARE NOT FOR USE IN IT. According to R. Meir this is if they are not peeled, but according to the Rabbis even if they simply are not yet fixed.

NOR PRODUCE DETACHED FROM THE SOIL. Although it still requires to be left in the field.¹³

NOR A CLUMP OF REEDS OCCUPYING A BETH ROBA'. Even though the reeds are small. R. Hiyya b. Abba said in the name of R. Johanan: This does not apply only to a clump of reeds; even a small perfume bed if it has a name of its own is not included in the sale of the field.¹⁴  R. Papa said: What we mean by this is that it is known as 'so-and-so's roses'.

NOR A WATCHMAN'S HUT WHICH IS CEMENTED. Even though it is fixed in the ground.¹⁵

R. Eleazar asked: What is the rule regarding the frames of doors? Where they are fixed to the wall with cement there is no question [that they are sold with], since they are firmly attached.¹⁶  The question arises only where they are connected with hooks. This question must stand over.

R. Zera asked what was the rule regarding the frames of windows.¹⁷  Do we say that they are purely for ornament,¹⁸  or do we say that after all they are attached? This question must [also] stand over.

R. Jeremiah asked: What is the rule regarding the castors of the legs of a bed?¹⁹  Where they are moved with the bed of course the question does not arise, because they go along with it. Where there is room for question is where they are not moved with it. — This [also] must stand over.

NOR THE FULL GROWN CAROB NOR THE CROPPED SYCAMORE.

1. In Babylon.
2. Stones placed on the sheaves to keep them from being blown about by the wind.
3. Even this making them part and parcel of the field.
4. R. Meir lays down (infra 78b) that the sale of a vineyard automatically includes the accessories of the vineyard, from which we infer that in all analogous cases R. Meir would include something that the Rabbis would exclude. Some of these things are now specified in connection with the Mishnah under discussion.
5. Lit., 'placed'.
6. Since only then do they become part and parcel of the field.
7. R. Meir therefore is not in agreement with our Mishnah as interpreted by 'Ulla.
8. The Hebrew word is kanim, which usually means 'canes' or 'reeds' still growing in the ground. Hence the question of the Gemara.
9. And though normally such corn is counted as already cut.
10. Lit., 'strong'.
11. Lit., 'strong'.
12. V. p. 274, n. 1.
13. For drying.
14. And so too with anything that is commonly known as something distinct from the field.
15. This does not make it part of the ground, because now it is practically a house.
16. And therefore are reckoned as part of the house.
17. If attached to the wall with hooks.
18. And therefore not sold with the house.
19. Pieces of wood placed under them to keep them from contact with the earth.

Whence is this rule¹  derived? — Rab Judah said in the name of Rab: From the Scriptural verse, So the field of Efron which was in Machpelah … and all the trees that were in the field that were in the border thereof etc.²  [This indicates that Abraham in buying the field acquired all the trees] that require a boundary round about,³  and [that the purchase] did not include those that do not require a boundary round about.⁴  R. Mesharsheya said: This proves that the inclusion of the border⁵  in the [purchase of a field] is prescribed in Scripture.⁶

Rab Judah said: When a man sells a field, he should write in the deed, 'Acquire hereby the date trees, other large trees, small trees, and small date trees.'⁷  It is true that even if he does not insert these words the transfer is valid,⁸  but the deed is made more effective in this way.⁹  If he says to him, 'I sell you land and date trees',¹⁰  we have to consider. If he has any date trees, he has to give him two,¹¹  and if not he has to buy two for him, and if his date trees are mortgaged he has to redeem two for him. If he says, 'I sell you the land with the date trees', we have to consider; if there are date trees in it he has to give them to him, and if there are none, it is a sale made under a misapprehension.¹²  If he says, I sell you a date tree field, the purchaser cannot claim date trees,¹³  because what he means is simply 'a field suitable for date trees'. If he says, I sell you the field except such-and-such a date tree, then we have again to consider. If it is a good date tree,¹⁴  we presume that he reserved that one for himself; if it is a poor tree,¹⁵  then in fortiori he means to reserve the better ones. If he says, [I sell you the field] without the trees,¹⁶  if there are trees in it, [the purchaser acquires all] except the trees; if there are date trees in it [but no others, he acquires the whole] without the date trees;¹⁷  if there are vines, [he acquires the whole] without the vines;¹⁸  if there are trees and date trees, [he acquires the whole] with the exception of the trees; if there are trees and vines, [he acquires the whole] with the exception of the trees; if there are date trees and vines, [he acquires the whole] with the exception of the vines.¹⁹

Rab said: [When a vendor reserves trees], all those which have to be climbed by a rope ladder [to pluck the fruit] are reserved, while those which do not need this are not reserved.²⁰

1. That these trees are not to be reckoned as part and parcel of the field.
2. Gen. XXIII, 17.
3. I.e., small trees which have as it were no individuality but are only known as being included within such boundaries.
4. Viz., large trees which have an individuality apart from the field in which they are.
5. I.e., the trees planted on the border.
6. And is not merely a regulation of the Rabbis.
7. So Aruch. According to Rashb, all four were species of date trees.
8. And the purchaser acquires both the field and the trees. V. the Mishnah supra.
9. That is to say, all possibility of error is eliminated.
10. This formula, implies two transfers, one of land and one of trees.
11. Over and above any date trees there may be in the field, which are acquired with the field (v. Mishnah). The number two is taken as the minimum indicated by the word 'trees'.
12. And the transaction is null and void.
13. Supposing there are none in the field.
14. I.e., bearing a moderate amount of fruit.
15. Bearing less than a kab of dates.
16. 'Trees' was a generic term for all trees except date trees and vines.
17. Because date trees can also be called trees where no others are under consideration.
18. Because vines are similarly called trees.
19. Because as between date trees and vines, the name 'trees' would be more readily applied to the latter.
20. Being too small to count.