A mishnah in Meila discusses if a consecrated item includes its contents and how it relates to a machloket between Rabbi Yehuda and Rabbi Yosi. Can you sell a pit without the water.ReplyForwardAdd reaction
Two new mishnayot! First - When it comes to selling a donkey, what gear, if any, is included as a default? The answer may depend on whether donkeys were primarily used for riding or as pack animals. Second - second other animals... Plus, the question of selling a donkey with its foal (vs. a cow with its calf).
Indebtedness, and how transfer happens. Plus, when and how one can rescind with regard to the given transaction. Also, how movable property is acquired together with land. Plus, how a sale can be effected even via the transfer of a document, depending on the connection with land. Plus, defining "antiki" and why it's not part of a default sale if not stipulated. And... a new mishhnah! When one makes an offer for an item, what things are NOT included with that attempt to purchase? Sometimes, the s...
How do you acquire a boat? It's a debate between Rav and Shmuel, even after they try to draw the parallel to the acquisition of a large animal and the "pulling" that is effective in that case. In this context, Rabbi Natan raises the discussion of letters - and the Gemara fills in the details about documentation in the transfer of ship ownership. Also, what are the details that are essential for transfer of ownership to take place? Is a document enough? Is a transfer of a document enough? A dispu...
More on the Leviathan. Among other details, the Leviathan can boil the water of the ocean. Also, it's very smelly. Also, -- all of which details have prooftexts, especially from the Book of Job, to back them up. Plus, a discussion of glory of the Leviathan and its benefits for the righteous. [Where's Where: Tzipori] Plus, a description of Jerusalem as part of the World to Come. Also, back to halakhah... Buying a ship, which is a "movable" item - which requires a formal proprietary act of acquisi...
More of the dramatic, fantastical, fascinating passages. Rabbi Eliezer and Rabbi Yehoshua traveled by ship - and they see a great light in the sea, which opens up a discussion about the Leviathan. Likewise, another trip, this time with apparent magic happening to the meat from which they had cut out the sciatic nerve, and the apparent magic that happens on that spot even a year later. Also, a deep focus on the Leviathan, male and female, as well as its placement in this chapter of Bava Batra....
Chapter 5! A new mishnah -- with a shift to a discussion of movable property, and what is included in their sales. For example, what is included in the sale of a ship (when the formality does not stipulate: "and everything that is within it"). Also, the voyages of Rabbah bar bar Chana -- which go beyond a traveler's account to mystical teachings/ experiences.
Rav Huna on consecrating a field - where he says one does not take possession, in accord with Rabbi Akiva. But then the Gemara lines of Rav Huna's view with that of Rabbi Shimon, which seems to not actually follow the view of Rabbi Akiva. Or can you align them after all? The question hinges on the consecration of trees with or without the land around them. Plus, how to redeem trees from the Temple treasury -- and what to do about people's "ancestral land"? Also, another passage in the name of Ra...
A new mishnah! More on what's not included - and what happens when the transfer of ownership is not via a sale, but other means, such as a gift. Plus, what if the main property (for example, a field) is sold to one party and the not included items are sold to someone else? Also, what IS the difference between a sale and a gift? The Gemara offers several suggestions, from the stipulations regarding not-included property to the generosity presumed to be the intention of a gift. [Who's Who: Rabbi Y...
More on the trees -- selling fields and trees (if the tree is grafted or cut). Addressing the parameters of the cases presented, and how expansive the details listed are. Also, the case of one who uses a document to establish another party as a guardian for one's items. What happens when that guardian claims he has returned the items -- and the owner says he hasn't received them and the document remains in full standing. Plus, the Nehardeans do things differently - again.
The Gemara doing what the Gemara does - fleshing out details of the mishnah. For example, the mishnah says "produce that's attached to the ground," and the gemara explains: even if it was already ready to be harvested. Ditto for the watch station. Also, when one sells a field when there are trees (of various kinds) in the field - the buyer acquires the trees regardless, but the details should be specified.
Two mishnah. The first describes which items are included in the sale of a city? The daf discusses the definition of one of the items mentioned in the mishnah and what does this mean about what the Rabbis in Bavel knew about life in the time of the Mishnah. The second mishnah discusses the sale of a field.
3 mishnayot! Each about selling different properties, where the details of the sale are not specified. First, a courtyard. (if the details are specified, or if the seller says: "I'm selling you everything that is therein," then those sales are simpler, as per the stipulation). Second, an olive press, and third, a bath house. Without specification, the attached portions are all part of the sale, and the movable items are not.
Rabbi Eliezer and the Rabbis disagree if a once completed utensil then attached to the ground is considered part of the land. The Gemara discusses some ranging cases through the lens if this disagreement ranging from beehives to the susceptibility of food becoming impure.
More on the dispute between Rabbi Akiva and the sages - who, with several cases. For example, what happens when a property is given to two different people, and neither has access to pass through the other's portion. Plus, the difference between a sale and a gift -- where the dispute whether a sale is "generous" does not apply to gifts, because it's accepted as a given that the gift with generosity. Also, a new mishnah! One who sells the door to one's home together with the house - but not the k...
More on the cistern, and how it's not necessarily included in the sale of the house - again, without specifying its inclusion. But how will the buyer get there? Perhaps by purchasing a right-of-way to get there, but it's a machloket. Which leads into another key machloket - between Rabbi Akiva and the sages, whether one sells "generously" or "sparingly" - what is included in that which is not stipulated? Or one of several other possible points of dispute.
When one stipulates that another should get a portion of one's property - but without stipulating how much property - the Gemara establishes the minimums of how much is given. Also, when one sells a house with depth and height o the structure identified, the ground and air rights are only included when one adds - from the depths to the sky.
The daf includes visual aids to determine the boundaries of sales that account for division of property, and who owns what where, in relation to the boundaries. Also, Rabbah's precise language that leads to practical differences in the sales, with Abaye's questioning whether those differences are different enough after all.
A new chapter - with a new mishnah! If you sell a house without specifying that attachments or annexes to the house are included in the sale, then they are not included. The Gemara addresses these "attachments" and what happens when they are cisterns, for example, of a size of 4 amot - because smaller than 4 amot would be included in the sale, according to Mar Zutra.
2 new mishnayot: The openings one cannot make in one's home that is on a courtyard - especially when facing other homes openings, in contrast to facing the public domain. Similarly, one cannot dig under the courtyard or road - unless it's clearly strong enough to support a wagon that is heavily laden with stones. Also, shifting from "building code" to external signs of mourning, in recognition of the building that was destroyed, namely, the Second Temple. Including the proper way of mourning, su...
If one opens a window lower than 4 amot, and the neighbors don't protest, then the one who did so can keep it, as a chazakah. A high window, however, doesn't get the status of chazakah, because it's not the kind of thing that people protested - except that R. Ilai disagrees. Which some say means not permitting one to protest for the sake of not being too selfish, like the traits of the biblical Sodom. Also, a new mishnah! On the airspace of a shared courtyard - for example, a beam that reaches i...
More on Rabbi Benaya, including a visit to the Cave of Machpelah, and an encounter with Abraham, Sarah, and more... Also, a return to the discussion of chazakah, and the fact that a spout (as of a gutter) does not establish a chazakah. Plus, the difference between the Egyptian and Tyrian ladders and windows, with regard to what establishes the presumption of ownership, and what does not.
A new mishnah! Listing what does work for chazakah (yes, really) and what does not. Also, how residents on a courtyard can protest and prevent activities in the courtyard, except for laundry, which the Jewish women did "at home." [Who's Who: Rabbi Benaya]. How long should men's garments be? The tunic? The overcloak? Plus, the expectation of orderliness and presentation of a Torah scholar.
How do false witnesses pay back the owner of a field? To prove chazakah does one require one set of witnesses for all three years or different sets of witnesses first different periods of time that add up to three year? The answer to this question is a makhloket Chachamim and Rabbi Akiva.
More on "dina de-malchuta" -- including the exilarch, Jewish ruler of the Jews in Babylonia, who quotes the sage, Shmuel, regarding the law of the land and chazakah. Also, planting a boundary between fields, and how that has impact on Pe'ah.
If a person removes branches from a palm tree for the sake of improving the tree, that might be well enough to acquire the tree. How he removes the branches likely provides information as to his intent. With parallels to flattening a heap, with intent to improve. Also, property that belongs to a non-Jew, in contrast to that which belongs to a Jew -- and how the law of the land applies to Jews as well as Halakhah does, including the requirement for a document to bring about a transfer of property...
How breaching a wall can be sufficient to take possession. Plus, when one moves stones to benefit the land - that can also be a chazakah. Also, one who builds palaces on the property of a convert who died without heirs, and someone else comes along and puts the doors on the palaces, and thereby achieves the presumption of ownership. Plus, one who does any of the activities that a slave might do for a master - functions for the master to take possession, such as it is, of the slave.
Neither father nor son can take possession of the other's property via chazakah. The question is in the case that they are separated in some way that means the father is no longer financially responsible for the son. Also, the difference between using a chazakah for ownership, which is not the case for gift-giving. Plus, a revision of the text of the mishnah. Which helps us understand various aspects or even kinds of chazakah.
Can a wife buy a property from her husband? Is that a valid sale? What is the property is given as a gift? What does the daf mean when it talks about hidden money
Ways in which a husband attempting to take ownership of his wife's property won't work. The Gemara continues to address the peculiarities of this dynamic (attempted sales between husband and wife). Plus, Ameimar on "m'log" property. Also, doesn't a married woman have to protest her husband's attempted possession of the property (in which case, doesn't he acquire it)? But there's no chazakah with regard to a married woman. Also, no chazakah via damage.
