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1) WHAT IS INCLUDED IN A HOUSE

(a) (Mishnah): If one sells a house, the following are not included:

1. A Yatzia (a type of room), even though it opens into the house;
2. An inner room (for storing valuables);
3. The roof, if it has a Ma'akeh (protective railing) 10 Tefachim tall around it.
4. R. Yehudah says, if the Ma'akeh has a doorframe, even if it is not 10 Tefachim, it is not included.

(b) (Gemara) Question: What is a Yatzia?
(c) Answer #1 (Chachamim of Bavel): A lean-to (a low house next to or in back of a house).
(d) Answer #2 (Rav Yosef): A lean-to with many windows.
(e) The first opinion agrees that if it has windows, (all the more so) it is not sold (since it is for beauty, it is not primarily for dwelling);
(f) The second opinion says that if it has no windows, it is sold (since it is for dwelling).
(g) (Rav Yosef): Yatzia, Tzela and Tei are all the same:

1. "Ha'Yatzia ha'Tachtonah Chamesh ba'Amah...";
2. "Veha'Tzela'os Tzela Al Tzela...";
3. "Veha'Ta Kaneh Echad Orech...".

(h) (Mar Zutra): The Yetzia is excluded only if it is at least four Amos.
(i) Question (Ravina - Mishnah): A pit or cistern is not included, even if he wrote 'the depth and height (of the house are included)';

1. Will you say that if they are less than four Amos they are included?!

(j) Answer (Mar Zutra): Those are different, for they do not serve the same purpose as a house;

1. A Yetzia is for dwelling: if it is large, it is important by itself, it is not included with the house;
2. If it is small, it is not important by itself, it is included.

(k) (Mishnah): An inner room (for storing valuables).
(l) Question: If the Yetzia is not included (even though it is for dwelling), there is no need to teach the inner room!

(m) Answer: We need to teach, even if the seller delineated boundaries that include the room, it is not included.

(a) (Rav Nachman): If one sells a house in a big Birah (a building through which people pass, many houses are open to the Birah), even if he delineated boundaries of the entire Birah, he was merely giving boundaries that people recognize.
(b) Question: What is the case?

1. If people call the house a house, and the Birah a Birah, this is obvious!
2. If people also call the Birah a house, he sold the whole Birah!

(c) Answer: Most people call the house a house, and the Birah a Birah; some people also call the Birah a house.

1. One might have thought, he sold the whole Birah - Rav Nachman teaches, this is not so - if so, he should have written 'I do not omit anything from this sale'.

(d) (Rav Nachman): If one sells a field in a big valley, even if he delineated boundaries of the entire valley, he was merely giving boundaries that people recognize.
(e) Question: What is the case?

1. If people call the field a field, and the valley a valley, this is obvious!

i. If people also call the valley a field, he sold it all!

2. Answer: Most people call the field a field, and the valley a valley; some people also call the valley a field.

i. One might have thought, he sold it all - Rav Nachman teaches, this is not so - if so, he should have written 'I do not omit anything from this sale'.

(f) Rav Nachman had to teach both cases

1. If he only taught about the house - one might have thought, he did not sell the whole Birah, because it does not serve the same purpose as the house, but he did sell the whole valley, because it serves the same purpose as the field.
2. If he only taught about the field - one might have thought, he did not sell the whole valley, because the only way to give the borders was to say whose fields surround him, but he did sell the whole Birah, because if he only sold the house, he should have specified its borders.

(g) (Rav Mari, son of Shmuel's daughter): One who sells something must write 'I did not omit anything from this sale'.

1. This is like Rav Nachman.

(a) Reuven sold to Shimon 'The land of Bei Chiya'; he owned two lands of that name.
(b) (Rav Ashi): He only said that he is selling one land;

1. If he sold 'The lands of Bei Chiya', this connotes at least two.
2. If he sold 'All his land', this includes all his land, except for gardens and vineyards;
3. If he sold his 'Zihara (inheritance)', gardens and vineyards are included, houses and slaves are not;
4. If he sold 'His property', even houses and slaves are included.