Previous Folio / Baba Bathra Contents / Tractate List / Navigate Site
Babylonian Talmud: Tractate Baba Bathra
And should you reply that the Rabbis do not accept [the law of the return of overcharge or that of] the cancellation of the purchase,1 surely.2 have we not learnt: R. Judah says: 'In the case of the sale of a scroll of the Law, a beast or a pearl, [the law of] overcharging does not apply.3 But they4 said unto him: Only [about] those [mentioned above]5 has [this]6 been said.'?7 — What is the meaning of [the statement that] the price is no proof? That the [entire] sale is to be cancelled.8 If you prefer, I would say: The Rabbis apply [the laws of] overcharging and cancellation of sale [only in cases] where one is likely9 to be deceived,10 but not when one is unlikely to be deceived,11 [for in the latter case] it may be assumed that [the difference] was given as a gift. nbsp;
MISHNAH. HE WHO SELLS AN ASS HAS NOT SOLD ITS EQUIPMENT.12 NAHUM THE MEDE SAYS: HE HAS SOLD ITS EQUIPMENT.13 R. JUDAH SAYS: SOMETIMES IT IS SOLD, SOMETIMES IT IS NOT SOLD. HOW SO? IF THE ASS WITH ITS EQUIPMENT UPON IT STOOD BEFORE HIM AND HE [THE BUYER] SAID UNTO HIM: 'SELL ME THIS ASS13 OF YOURS, THEN ITS EQUIPMENT IS SOLD. [IF, HOWEVER, HE SAID]: 'IS THE ASS YOURS? [SELL IT TO ME].'14 ITS EQUIPMENT IS NOT SOLD.
GEMARA. 'Ulla said: The dispute [between the first Tanna and Nahum the Mede is only] about the sack, the saddle-bag,15 and pallet.16 For the first Tanna is of the opinion that an ass is, as a rule, used for riding,17 and Nahum the Mede is of the opinion that an' ass is, as a rule, used for carrying burdens;18 but [in the case of the] saddle, pack-saddle, cover19 and saddle-belt both agree20 that these are included in the sale.
An objection was raised: [It has been taught: If one says to another] 'I sell you the ass and its equipment', he has sold him the saddle, the pack.saddle. the cover and the saddle-belt, but he has not sold the sack, the saddle-bag and the pallet; if, however, he said unto him, '[I sell you] it [the ass] and all that is upon it', then all these are included in the sale. [From this follows that] the reason why [the buyer] acquires possession of the saddle and the pack. saddle is that [the seller] said '[I sell] it and its equipment', but if he had not said so, [the buyer would] not [have acquired these]?21 No! The law that the saddle and the pack-saddle are included in the sale is applicable even though [the seller] did not say unto him '[I sell you the] ass and its equipment'; but [by the inclusion of the statement]22 he teaches us that although [the seller] said unto him: '[I sell you] the ass and its equipment's he [the buyer] does not acquire the sack, the saddle-bag and the pallet.23
The students inquired: Is the dispute [between the first Tanna and Nahum the Mede] in the case when [the sack and saddle-bag] are upon it,26 but when these are not upon it, Nahum the Mede agrees with the Rabbis,27 or is the dispute in the case when these are not upon it, but when they are upon it, the Rabbis agree with Nahum?28
Come and hear: [It is stated in the above Baraitha:] But when he said unto him, '[I sell you] it and all that is upon it', then all these are sold. Now, this would be correct if it were assumed that the dispute [related to the case] when they29 are upon it;30 [since] this [Baraitha] could be assigned to the Rabbis.31 If, however, it is assumed that the dispute [relates to the case] when they32 are not upon it,33 but that [in case] they are upon it both agree that they are [implicitly] included in the sale, to whom [could] this [Baraitha be assigned]?34 — It may still be said that the dispute relates to the case when they are not upon it, and the Baraitha may be assigned to the Rabbis, but read: If, however, he said unto him, 'it and all that ought35 to be on it'.
Come and hear: R. JUDAH SAYS: SOMETIMES IT IS SOLD, SOMETIMES IT IS NOT SOLD. Now, does not R. Judah presumably base his statement on what the first Tanna has said? [And since R. Judah specifically36 deals with the case when the equipment is upon the ass, the first Tanna must also be speaking of a similar case!]37 — No; R. Judah
Baba Bathra 78b
speaks of a different case.1
Rabina said to R. Ashi: Come and hear! [We learnt:] He who sold a waggon has not sold the mules.2 And R. Tahlifa the Palestinian recited in the presence of R. Abbahu: He who sold the waggon has sold the mules; and [the master] said unto him: Surely we have learned that he has not sold! And he replied. Shall I cancel it? And [the master] said to him: No; your teaching may be interpreted [as dealing with the case] where [the mules] were harnessed to it. From this it must be inferred that the Mishnah [speaks of the case] where [the mules] are not harnessed [to the waggon]; and since the first part2 [is concerned with the case] when they are absent from it,3 the latter part4 also [must be dealing with the case] when they5 are absent from it!6 — On the contrary, consider the [very] first part [which reads]: But he does not sell the crew nor the Enteke;7 and it has been stated: What is the meaning of Enteke? R. Papa said: The merchandise which it contains.8 Now, since the first part [deals with the case] when it [the merchandise] is in it [the ship], the latter part9 also [must deal with a similar case, which is] when it [the equipment] is upon it [the ass]!10 But [the only way out of the difficulty is to conclude that] the Tanna dealt with different cases in the different parts of the Mishnah.11
(Mnemonic ZeGeM NeSeN.)12
Abaye said: R. Eliezer and R. Simeon b. Gamaliel and R. Meir and R. Nathan and Symmachus and Nahum the Mede are all of the opinion that when a man sells an object he sells it and all its accessories. [As to] R. Eliezer, we learnt: R. Eliezer says: He who sells the building of an olive-press has also sold the beam. [As to] R. Simeon b. Gamaliel, we learnt:13 R. Simeon b. Gamaliel says: He who sells a town has also sold the Santer.14 [As to] R. Meir, it has been taught: R. Meir says: He who sells a vineyard has sold the vineyard tools. [As to] R. Nathan and Symmachus, [the case of] the small boat and the fishing boat.15 Nahum the Mede, in the case just mentioned.16
R. JUDAH SAYS: SOMETIMES IT IS SOLD, etc. What is the difference between THIS ASS OF YOURS and IS THE ASS YOURS? — Raba said: [When the buyer used the expression,] THIS ASS OF YOURS, he was aware that the ass was his,17 and the reason, therefore, why he said unto him, 'THIS',18 [must have been] on account of its equipment. [But when he asked], 'IS THE ASS YOURS?' [he did so] because he was not aware that the ass was his, and this was [the implication of] his inquiry: 'is the ass yours? Sell it to me.'19
MISHNAH. HE WHO SOLD AN ASS HAS [ALSO] SOLD20 [ITS] FOAL. HE WHO SOLD A COW HAS NOT SOLD ITS CALF [ALSO]. HE WHO SOLD A DUNGHILL HAS [ALSO] SOLD THE MANURE IN IT. HE WHO SOLD A CISTERN HAS [ALSO] SOLD ITS WATER. HE WHO SOLD A BEE-HIVE HAS [ALSO] SOLD THE BEES. HE WHO SOLD A DOVE-COTE HAS [ALSO] SOLD THE DOVES.
GEMARA. Of what case [does the first part of the Mishnah speak]? If [it is] that the [seller] said unto him, '[I sell you] it and its young', then even [in the case of the] cow and its young the same [law should apply].21 If, [however], he did not specify, 'it and its young', [then] even [in the case of the] ass also [the foal should] not [be included in the sale]? — R. Papa answered: [The Mishnah speaks of a case] where [the seller] said unto him, 'I sell you a milch-ass or a milch-cow'. [Consequently in the case of the] cow, it may properly be assumed [that the seller22 thought the buyer] would require the cow for the sake of its milk, but [in the case of an] ass, what could he have meant [by mentioning 'milch']?23 It must [therefore] be concluded that he [meant] to say, '[I sell you] it [the cow] and its calf'. Why is [the foal] called Sayyah?24 Because it follows gentle talk.25
R. Samuel b. Nahman said in the name of R. Johanan:26 What is the meaning of the verse: Wherefore hamoshelim [they that speak in parables] say, etc.?27 — Hamoshelim,28 [means] those who rule their evil inclinations. Come Heshbon,29 [means,] come, let us consider the account of the world; the loss incurred by the fulfilment of a precept against the reward secured by its observance, and the gain gotten by a transgression against the loss it involves.30 Thou shalt be built and thou shalt be established31 — if thou dost so, thou shalt be built in this world and thou shalt be established in the world to come. 'Ayyar Sihon:32 if a man makes himself like a young ass that follows the gentle talk [of sin]; what comes next?33 For a fire goes out Meheshbon34 etc.: A fire will go out from those who calculate [the account of the world]35 and consume those who do not calculate.36 And a flame from the city of Sihon:37 From the city of the righteous who are called trees.38 It has devoured 'Ar Mo'ab:39 This refers to one who follows his evil inclination like a young ass40 that follows gentle talk.41 The high places of Arnon,42 refers to the arrogant; for it has been said: Whosoever is arrogant falls into Gehenna.43 Wanniram44 — the wicked says: There is no High One;45 Heshbon is perished45 — the account of the world is perished.46 Unto Dibon — the Holy One, blessed be He, said: 'Wait until judgment cometh';47 and we have laid waste
- To Next Folio -