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Prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Bava Basra 67
BAVA BASRA 61-67 - This week's study material has been dedicated by Mrs.
Rita Grunberger of Queens, N.Y., in loving memory of her husband, Reb
Yitzchok Yakov ben Eliyahu Grunberger. Irving Grunberger helped many people
quietly in an unassuming manner and is dearly missed by all who knew him.
His Yahrzeit is 10 Sivan.
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1) WHAT IS INCLUDED IN A CHATZER
(a) (Mishnah): One who sells a Chatzer sells the houses, pits
and caves, but not Metaltelim;
(b) If he said 'It and everything inside', all these are
included;
(c) In any case, he did not sell the bathhouse or olivepress;
(d) R. Eliezer says, one who sells a Chatzer only sold the
level ground (but not houses or pits).
(e) (Gemara - Beraisa): One who sells a Chatzer sells the
outer and inner houses and sand patches;
(f) Stores that open to it are included, but not stores that
do not open to it;
1. Stores that open to it and to another Chatzer are
sold.
2. R. Eliezer says, one who sells a Chatzer only sold
the ground.
(g) Question: The Beraisa said, stores that open to it and to
another Chatzer are sold;
1. But R. Chiya taught, they are not sold with it!
(h) Answer: If most of their use is in the Chatzer that was
sold, they are included; if not, not.
(i) (Mishnah): R. Eliezer says, one who sells a Chatzer only
sold the level ground.
(j) Version #1 (Rava): If he called it a 'Dirta' (a
dwelling), all agree that houses are included;
1. They argue when he called it 'Darta' (the Arame'ic
translation of Chatzer): R. Eliezer says, this
connotes the level ground;
2. Chachamim say, it connotes houses.
(k) Version #2 (Rava): If he called it 'Darta', all agree
that houses are included;
1. They argue when he called it 'Chatzer': R. Eliezer
says, Chatzer connotes the level ground;
2. Chachamim say, this is understood like the Chatzer
of the Mishkan (which included the Mishkan).
(l) Version #1 (Rava): If one sells a sand patch and property
by the river (from which one gets gold or silver, or
fish), a Chazakah in one does not acquire the other.
(m) Question: But Shmuel taught, if Reuven buys 10 fields in
10 countries from Shimon, once he makes Chazakah in one
of them, he acquires all of them!
(n) Answer: There, since they all serve the same purpose, and
all land is connected, one acquisition suffices;
1. Here, they serve different purposes, they are not
acquired together.
67b---------------------------------------67b
(o) Version #2 (Rava): If one sells a sand patch and property
by the river, a Chazakah in one acquires the other.
(p) Objection: This is obvious! Shmuel taught, if Reuven buys
10 fields...
(q) Answer: One might have thought, there, since they all
serve the same purpose, and all land is connected, one
acquisition suffices;
1. Here, they serve different purposes, they are not
acquired together - Rava teaches, this is not so.
2) ONE WHO SELLS AN OLIVEPRESS
(a) One who sells an olivepress, this includes the Yam, Mamal
and Besulos (these will be explained), but not the
Avirim, wheel or beam;
(b) If he said 'It and everything inside', all these are
included.
(c) R. Eliezer says, (even without saying this) the beam is
included.
(d) (Gemara): 'Yam' is the tub;
1. (R. Aba bar Mamal): Mamal is the rock with a cavity
in which the olives are pressed;
2. (R. Yochanan): Besulos are the poles that support
the beam.
(e) Avirim are planks placed on the grapes when they are
pressed;
1. The wheel is used to lift and lower the beam;
(f) (Beraisa): One who sells an olivepress, this includes the
planks, Yamim, Mamalim and bottoms of the grinders, but
not the tops;
1. If he said 'It and everything inside', all the tops
are included.
2. In any case, he did not sell the Avirim or sacks.
(g) R. Eliezer says, the beam is included, the beam makes it
an olivepress!
3) WHAT IS INCLUDED WITH A BATHHOUSE
(a) (Mishnah): One who sells a bathhouse, the planks, basins
and curtains (or towels) are not included;
(b) If he said 'It and everything inside', all these are
included.
(c) In any case, he did not sell springs that supply water
nor the storehouses of wood.
(d) (Gemara - Beraisa): If one sells a bathhouse, this
includes the adjoining rooms where the planks, turbans,
basins and curtains are stored;
1. He did not sell the planks, turbans basins or
curtains themselves.
(e) If he said 'It and everything inside', all these are
included.
1. In any case, the springs that supply water are not
sold, not in summer or winter (Rashbam; Tosfos
ha'Rosh - springs that supply water in both summer
or winter are excluded);
2. If he said 'the bathhouse and everything that serves
it', all are included.
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