An unmarried woman whose father died can claim her dowry from up to one-tenth of the father’s estate. However, this amount can only be collected from 1/10 of the land of the father’s estate. Rav Nechemia, the son of Rav Yosef accorded a woman one-tenth of her father’s estate for her dowry and permitted the value of the estate to include moveable items that were attached to the ground as they are considered like land itself. Rav Ashi also included rental income from the father’s properties in the calculation for a daughter’s dowry. If one sold a courtyard, an olive press, or a bathhouse, what items are included in the sale, and what items are not included in the sale? Rabbi Eliezer disagrees with the mainstream opinion.
Bava Batra 67
August 31, 2024 | כ״ז באב תשפ״ד
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Bava Batra
Masechet Bava Batra is sponsored by Lori Stark in loving memory of her mother in law, Sara Shapiro z”l and her father Nehemiah Sosewitz z”l.
Bava Batra 67
אַגְבַּהּ עִישּׂוּר נִכְסֵי, אֲפִילּוּ מֵאִצְטְרוֹבְלֵי דְרֵיחַיִים. אָמַר רַב אָשֵׁי: כִּי הֲוֵינַן בֵּי רַב כָּהֲנָא, מַגְבֵּינַן אֲפִילּוּ מֵעַמְלָא דְבָתֵּי.
collect for her one-tenth of her father’s estate, in keeping with the rabbinic ordinance that states that if a man dies, his sons are obligated to give his daughter a tenth of his landed properties as a dowry, and collect it even from his immovable lower millstones, as they too are considered landed property. Rav Ashi said: When we were students in Rav Kahana’s house we would collect for this purpose even from the rent of houses; since this money is earned from real estate, it too has the status of landed property and is included in the dowry calculations.
מַתְנִי׳ הַמּוֹכֵר אֶת הֶחָצֵר – מָכַר בָּתִּים, בּוֹרוֹת, שִׁיחִין וּמְעָרוֹת; אֲבָל לֹא אֶת הַמִּטַּלְטְלִין. בִּזְמַן שֶׁאָמַר לוֹ: ״הוּא וְכׇל מַה שֶּׁבְּתוֹכוֹ״ – הֲרֵי כּוּלָּן מְכוּרִין. בֵּין כָּךְ וּבֵין כָּךְ – לֹא מָכַר לֹא אֶת הַמֶּרְחָץ, וְלֹא אֶת בֵּית הַבַּד שֶׁבְּתוֹכָהּ. רַבִּי אֱלִיעֶזֶר אוֹמֵר: הַמּוֹכֵר אֶת הֶחָצֵר – לֹא מָכַר אֶלָּא אֲוִירָהּ שֶׁל חָצֵר.
MISHNA: One who sells a courtyard without specifying what is included in the sale has sold with it the houses, pits, ditches, and caves found in the courtyard, but he has not sold the movable property. When the seller says to the buyer: I am selling you it and everything that is in it, all these components are sold along with the courtyard, even the movable property. Both in this case, where he executes the sale without specification, and in that case, where he adds the phrase that includes the movable property, he has not sold the bathhouse, nor has he sold the olive press that is in the courtyard, as each is an entity with a discrete purpose and not an integral part of the courtyard. Rabbi Eliezer says: One who sells a courtyard without specifying what is included in the sale has sold only the airspace, i.e., the open space, of the courtyard, but nothing found in the courtyard, not even the houses.
גְּמָ׳ תָּנוּ רַבָּנַן: הַמּוֹכֵר אֶת הֶחָצֵר – מָכַר בָּתִּים הַחִיצוֹנִים, וּבָתִּים הַפְּנִימִים, וּבֵית הַחוֹלְסָאוֹת. חֲנוּיוֹת פְּתוּחוֹת לְתוֹכָהּ – נִמְכָּרוֹת עִמָּהּ, וְשֶׁאֵין פְּתוּחוֹת לְתוֹכָהּ – אֵין נִמְכָּרוֹת עִמָּהּ. פְּתוּחוֹת לְכָאן וּלְכָאן – [אֵלּוּ] וְאֵלּוּ נִמְכָּרוֹת עִמָּהּ. רַבִּי אֱלִיעֶזֶר אוֹמֵר: הַמּוֹכֵר אֶת הֶחָצֵר – לֹא מָכַר אֶלָּא מִילוּסָא שֶׁל חָצֵר.
GEMARA: The Sages taught in a baraita (Tosefta, 3:1): One who sells a courtyard has sold with it the outer houses that can be accessed directly from the courtyard, and the inner houses that can be entered only via the outer houses, and the area of the sand fields [uveit haḥolsaot]. As for the stores, those that open into the courtyard are sold along with it; those that do not open into it, but rather open into the public domain, even if they are located in the courtyard, are not sold along with it; and those that open both into this courtyard and into that other public domain are grouped together with those that open into this courtyard alone, and both these and those are sold with it. Rabbi Eliezer says: One who sells a courtyard without specifying what is included in the sale has sold only the open space of the courtyard.
אָמַר מָר: פְּתוּחוֹת לְכָאן וּלְכָאן – נִמְכָּרוֹת עִמָּהּ. וְהָא תָּנֵי רַבִּי חִיָּיא: אֵין נִמְכָּרוֹת עִמָּהּ! לָא קַשְׁיָא; הָא דְּרוֹב תַּשְׁמִישְׁתַּיְיהוּ לְגוֹ, הָא דְּרוֹב תַּשְׁמִישְׁתַּיְיהוּ לְבַר.
The Master said in the baraita: Stores that open both into this courtyard and into that public domain are sold along with the courtyard. The Gemara raises an objection: But didn’t Rabbi Ḥiyya teach a baraita that states that such stores are not sold with the courtyard? The Gemara answers that this is not difficult: This baraita, that teaches that the stores are sold along with the courtyard, is referring to a case where the majority of their use is from within, i.e., the stores are mainly accessed from within the courtyard, while that baraita of Rabbi Ḥiyya, that teaches that the stores are not sold along with the courtyard, is referring to a case where the majority of their use is from without, i.e., the stores are accessed mainly from the public domain.
רַבִּי אֱלִיעֶזֶר אוֹמֵר: הַמּוֹכֵר אֶת הֶחָצֵר – לֹא מָכַר אֶלָּא אֲוִירָהּ שֶׁל חָצֵר. אָמַר רַבָּה: אִי דַּאֲמַר לֵיהּ: ״דֵּירְתָּא״ – דְּכוּלֵּי עָלְמָא לָא פְּלִיגִי דְּבָתֵּי מַשְׁמַע. כִּי פְּלִיגִי – דַּאֲמַר לֵיהּ: ״דָּרְתָּא״; מָר סָבַר: תַּרְבִּיצָא מַשְׁמַע, וּמָר סָבַר: בָּתֵּי מַשְׁמַע.
The mishna teaches, and it was similarly taught in the baraita, that Rabbi Eliezer says: One who sells a courtyard has sold only the airspace of the courtyard, and he has sold nothing found in the courtyard, not even the houses. To clarify the disagreement between the unattributed opinion in the mishna and Rabbi Eliezer, Rabba said: If the seller said to the buyer that he is selling him dirata, i.e., the place of residence, everyone agrees that he means to sell the houses and that they are also included in the sale. When they disagree, it is where he said to him that he is selling him darta, i.e., the courtyard. One Sage, Rabbi Eliezer, holds that he means to sell only the garden, i.e., the space between the houses, and one Sage, the unattributed first opinion in the mishna, holds that he means to sell also the houses.
אִיכָּא דְּאָמְרִי, אָמַר רַבָּה: אִי דַּאֲמַר לֵיהּ ״דָּרְתָּא״ – דְּכוּלֵּי עָלְמָא לָא פְּלִיגִי דְּבָתֵּי מַשְׁמַע. כִּי פְּלִיגִי, דַּאֲמַר לֵיהּ: ״חָצֵר״; מָר סָבַר: חָצֵר – אַוֵּירָא מַשְׁמַע, וּמָר סָבַר: כַּחֲצַר הַמִּשְׁכָּן.
Some state a different version of this discussion, according to which Rabba says: If the seller says to the buyer that he is selling him darta, everyone agrees that he means to sell also the houses and that they are included in the sale. When they disagree, it is where he said to him that he is selling him the ḥatzer, the Hebrew term for courtyard. One Sage, Rabbi Eliezer, holds that when he says ḥatzer, he means to sell him only the airspace, i.e., the open space of the courtyard itself, and one Sage, the unattributed first opinion in the mishna, holds that houses are also included in the sale, just as the courtyard of the Tabernacle included the Tabernacle itself.
וְאָמַר רַבָּה אָמַר רַב נַחְמָן: מָכַר לוֹ חוֹלְסִית וּמְצוּלָה; הֶחְזִיק בַּחוֹלְסִית – לֹא קָנָה מְצוּלָה, הֶחְזִיק בַּמְּצוּלָה – לֹא קָנָה חוֹלְסִית. אִינִי?! וְהָא אָמַר שְׁמוּאֵל: מָכַר לוֹ עֶשֶׂר שָׂדוֹת בְּעֶשֶׂר מְדִינוֹת, כֵּיוָן שֶׁהֶחְזִיק בְּאַחַת מֵהֶן – קָנָה כּוּלָּן!
§ And Rabba says that Rav Naḥman says: If one sold another a sand field for glass making, and a pond for fishing or some other purpose, if the buyer took possession of the sand field in order to finalize the transaction, he has not acquired the pond and must therefore perform a separate act of acquisition for it. Conversely, if he took possession of the pond, he has not acquired the sand field. The Gemara asks: Is that so? But doesn’t Shmuel say: If one sold another ten fields in ten different regions, all in a single bill of sale, once he takes possession of one of them, he has acquired them all; and the two cases seem to be analogous.
הָתָם הוּא דְּסַדָּנָא דְאַרְעָא חַד הוּא, וְכוּלַּהּ חֲדָא תַּשְׁמִישְׁתָּא הוּא; אֲבָל הָכָא – הָא תַּשְׁמִישְׁתָּא לְחוֹד, וְהָא תַּשְׁמִישְׁתָּא לְחוֹד.
The Gemara rejects the parallel: There, in the case of the ten fields, the land is all located in one geographic block, and it all has one use, i.e., to be farmed. The buyer, therefore, acquires all of the fields when he takes possession of one of them, even if they are not adjacent. But here, in the case of the sand field and the pond, this, the sand field, has a distinct use, i.e., to supply sand for glass making, and that, the pond, has a distinct use, i.e., for fishing. Therefore, taking possession of one of them does not effect a transfer of the other.
וְאִיכָּא דְּאָמְרִי,
And some state a different version of the previous discussion.
אָמַר רַבָּה אָמַר רַב נַחְמָן: הֶחְזִיק בַּחוֹלְסִית – קָנָה מְצוּלָה. פְּשִׁיטָא – דְּהָא אָמַר שְׁמוּאֵל: מָכַר לוֹ עֶשֶׂר שָׂדוֹת וְכוּ׳! מַהוּ דְּתֵימָא: הָתָם הוּא דְּסַדָּנָא דְאַרְעָא חַד הוּא, אֲבָל הָכָא – הָא תַּשְׁמִישְׁתָּא לְחוֹד, וְהָא תַּשְׁמִישְׁתָּא לְחוֹד; קָא מַשְׁמַע לַן.
Rabba actually said that Rav Naḥman said: If one sold another a sand field and a pond, and the buyer took possession of the sand field, he has also acquired the pond. The Gemara asks: This is obvious, as Shmuel says: If one sold ten fields to another in ten different regions, once he takes possession of one of them, he has acquired them all. The Gemara explains why Rav Naḥman’s statement was nevertheless necessary: It is necessary lest you say that there, in the case of the ten fields, the land is all located in one geographic block with a single use, and therefore all the fields are acquired together. But here, in the case of the sand field and the pond, this, the sand field, has a distinct use, and that, the pond, has a distinct use, and therefore taking possession of one of them should not effect acquisition of the other. Therefore, Rav Naḥman teaches us that if the buyer took possession of the sand field, he has acquired the pond as well.
מַתְנִי׳ הַמּוֹכֵר בֵּית הַבַּד – מָכַר אֶת הַיָּם וְאֶת הַמֶּמֶל וְאֶת הַבְּתוּלוֹת, אֲבָל לֹא מָכַר אֶת הָעֲבִירִים וְאֶת הַגַּלְגַּל וְאֶת הַקּוֹרָה. וּבִזְמַן שֶׁאָמַר לוֹ: ״הוּא וְכׇל מַה שֶּׁבְּתוֹכוֹ״ – הֲרֵי כּוּלָּן מְכוּרִין. רַבִּי אֱלִיעֶזֶר אוֹמֵר: הַמּוֹכֵר בֵּית הַבַּד – מָכַר אֶת הַקּוֹרָה.
MISHNA: One who sells an olive press without specifying what is included in the sale has sold with it the yam and the memel and the betulot, the immovable elements of the olive press. But he has not sold with it the avirim and the galgal and the kora, the movable utensils of the olive press. When the seller says to the buyer: I am selling you it and everything that is in it, all these components are sold along with the olive press, even the movable utensils. Rabbi Eliezer says: One who sells an olive press has sold the kora as well, as it is the most fundamental element of the olive press.
גְּמָ׳ ״יָם״ – טְלָפְחָא. ״מֶמֶל״ – אָמַר רַבִּי אַבָּא בַּר מֶמֶל: מַפְרַכְתָּא. ״בְּתוּלוֹת״ – אָמַר רַבִּי יוֹחָנָן: כְּלוֹנְסוֹת שֶׁל אֶרֶז, שֶׁמַּעֲמִידִין בָּהֶן אֶת הַקּוֹרָה. ״עֲבִירִים״ – כִּבְשֵׁי. ״גַּלְגַּל״ – חוּמַרְתָּא. ״קוֹרָה״ – קוֹרָה.
GEMARA: The Gemara explains the terms used in the mishna. The yam is the lentil, the round stationary container into which the olives are placed before being crushed. As for the memel, Rabbi Abba bar Memel said: This is the crusher, the utensil used to pound and crush the olives. As for the betulot, Rabbi Yoḥanan said: These are the cedar posts [klonsot] that support the beam of the olive press. The avirim are the pressers, wooden boards that are placed on top of the crushed olives, and upon which the beam is lowered in order to press the olives. The galgal is the ḥumrata, a round stone that is placed on the beam to weigh it down. The kora is the heavy wooden beam used to press down upon the olives and thereby extract the oil.
תָּנוּ רַבָּנַן: הַמּוֹכֵר בֵּית הַבַּד – מָכַר אֶת [הַ]נְּסָרִים, וְאֶת הַיְּקָבִים, וְאֶת הַמַּפְרֵכוֹת, וְאֶת הָרֵיחַיִם הַתַּחְתּוֹנוֹת – אֲבָל לֹא הָעֶלְיוֹנָה. וּבִזְמַן שֶׁאָמַר לוֹ: ״הוּא וְכׇל מַה שֶּׁבְּתוֹכוֹ״ – הֲרֵי כּוּלָּן מְכוּרִין. בֵּין כָּךְ וּבֵין כָּךְ – לֹא מָכַר לֹא אֶת הָעֲבִירִים, וְלֹא אֶת הַשַּׂקִּין, וְלֹא אֶת הַמַּרְצוּפִין.
The Sages taught in a baraita (Tosefta, 3:2): One who sells an olive press without specifying what is included in the sale has sold with it the boards that are fixed in place to hold the olives; and the vats for collecting the oil, and the crushers, used to pound and crush the olives before pressing them, and the lower millstone, i.e., the stationary millstone base; but not the upper millstone. But when the seller says to the buyer: I am selling you it and everything that is in it, all these components are sold. Both in this case, where he executes the sale without specification, and in that case, where he adds the phrase that he is selling everything that is in the olive press, he has not sold the wooden boards that are placed on top of the crushed olives when they are being pressed, nor has he sold the sacks, nor has he sold the leather bags for carrying the olives, as these are all movable goods that are not specifically part of the olive press.
רַבִּי אֱלִיעֶזֶר אוֹמֵר: הַמּוֹכֵר בֵּית הַבַּד – מָכַר אֶת הַקּוֹרָה, שֶׁלֹּא נִקְרָא בֵּית הַבַּד אֶלָּא עַל שׁוּם קוֹרָה.
Rabbi Eliezer says: One who sells an olive press has sold the heavy wooden beam used to press down upon the olives, as it is called an olive press [beit habad] only due to this beam, the most essential part of the press, and this beam is otherwise known as a bad.
מַתְנִי׳ הַמּוֹכֵר אֶת הַמֶּרְחָץ – לֹא מָכַר אֶת הַנְּסָרִין, וְאֶת הַסְּפָלִין, וְאֶת הַבֵּלָנִיּוֹת. בִּזְמַן שֶׁאָמַר לוֹ: ״הִיא וְכׇל מַה שֶּׁבְּתוֹכָהּ״ – הֲרֵי כּוּלָּן מְכוּרִין. בֵּין כָּךְ וּבֵין כָּךְ – לֹא מָכַר לֹא אֶת הַמְּגוּרוֹת שֶׁל מַיִם, וְלֹא אֶת אוֹצָרוֹת שֶׁל עֵצִים.
MISHNA: One who sells a bathhouse without specifying what is included in the sale has not sold with it the boards that are placed on the floor, nor has he sold the basins or the curtains [habilaniyot]. When the seller says to the buyer: I am selling you it and everything that is in it, all these components are sold along with the bathhouse. Both in this case, where he executes the sale without specification, and in that case, where he adds the phrase that he is selling everything that is in the bathhouse, he has not sold the tanks of water, nor has he sold the storerooms for wood, as an explicit sales agreement is required for these matters.
גְּמָ׳ תָּנוּ רַבָּנַן: הַמּוֹכֵר אֶת הַמֶּרְחָץ – מָכַר אֶת בֵּית הַנְּסָרִין, וְאֶת בֵּית הַיְּקָמִין, וְאֶת בֵּית הַסְּפָלִים, וְאֶת בֵּית הַוִּילָאוֹת; אֲבָל לֹא אֶת נְסָרִין עַצְמָן, וְלֹא יְקָמִין עַצְמָן, וְלֹא סְפָלִים עַצְמָן, וְלֹא וִילָאוֹת עַצְמָן. וּבִזְמַן שֶׁאָמַר לוֹ: ״הִיא וְכׇל מַה שֶּׁבְּתוֹכָהּ״ – הֲרֵי כּוּלָּן מְכוּרִין. בֵּין כָּךְ וּבֵין כָּךְ, לֹא מָכַר לוֹ אֶת הַבְּרֵיכוֹת הַמְסַפְּקוֹת לוֹ מַיִם – בֵּין
GEMARA: The Sages taught in a baraita (Tosefta, 3:3): One who sells a bathhouse without specifying what is included in the sale has sold with it the storeroom for the boards, and the storeroom for the implements called yekamin, and the storeroom for the basins, and the storeroom for the curtains [vilaot], but he has not sold the boards themselves, nor the yekamin themselves, nor the basins themselves, nor the curtains themselves. When the seller says to the buyer: I am selling you it and everything that is in it, all these components are sold along with the bathhouse. Both in this case, where he executes the sale without specification, and in that case, where he adds the phrase that he is selling everything that is in the bathhouse, he has not sold him the pools that supply him with water, whether
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Beit Shemesh, Israel
What a great experience to learn with Rabbanit Michelle Farber. I began with this cycle in January 2020 and have been comforted by the consistency and energy of this process throughout the isolation period of Covid. Week by week, I feel like I am exploring a treasure chest with sparkling gems and puzzling antiquities. The hunt is exhilarating.
Marian Frankston
Pennsylvania, United States
I started learning daf in January, 2020, being inspired by watching the Siyyum Hashas in Binyanei Haumah. I wasn’t sure I would be able to keep up with the task. When I went to school, Gemara was not an option. Fast forward to March, 2022, and each day starts with the daf. The challenge is now learning the intricacies of delving into the actual learning. Hadran community, thank you!
Rochel Cheifetz
Riverdale, NY, United States
It happened without intent (so am I yotzei?!) – I watched the women’s siyum live and was so moved by it that the next morning, I tuned in to Rabbanit Michelle’s shiur, and here I am, still learning every day, over 2 years later. Some days it all goes over my head, but others I grasp onto an idea or a story, and I ‘get it’ and that’s the best feeling in the world. So proud to be a Hadran learner.
Jeanne Yael Klempner
Zichron Yaakov, Israel
I went to day school in Toronto but really began to learn when I attended Brovenders back in the early 1980’s. Last year after talking to my sister who was learning Daf Yomi, inspired, I looked on the computer and the Hadran site came up. I have been listening to each days shiur in the morning as I work. I emphasis listening since I am not sitting with a Gamara. I listen while I work in my studio.
Rachel Rotenberg
Tekoa, Israel
Michelle has been an inspiration for years, but I only really started this cycle after the moving and uplifting siyum in Jerusalem. It’s been an wonderful to learn and relearn the tenets of our religion and to understand how the extraordinary efforts of a band of people to preserve Judaism after the fall of the beit hamikdash is still bearing fruits today. I’m proud to be part of the chain!
Judith Weil
Raanana, Israel
I started learning Gemara at the Yeshivah of Flatbush. And I resumed ‘ברוך ה decades later with Rabbanit Michele at Hadran. I started from Brachot and have had an exciting, rewarding experience throughout seder Moed!
Anne Mirsky
Maale Adumim, Israel
Studying has changed my life view on הלכה and יהדות and time. It has taught me bonudaries of the human nature and honesty of our sages in their discourse to try and build a nation of caring people .
Goldie Gilad
Kfar Saba, Israel
I started learning Daf Yomi inspired by תָּפַסְתָּ מְרוּבֶּה לֹא תָּפַסְתָּ, תָּפַסְתָּ מוּעָט תָּפַסְתָּ. I thought I’d start the first page, and then see. I was swept up into the enthusiasm of the Hadran Siyum, and from there the momentum kept building. Rabbanit Michelle’s shiur gives me an anchor, a connection to an incredible virtual community, and an energy to face whatever the day brings.
Medinah Korn
בית שמש, Israel
I graduated college in December 2019 and received a set of shas as a present from my husband. With my long time dream of learning daf yomi, I had no idea that a new cycle was beginning just one month later, in January 2020. I have been learning the daf ever since with Michelle Farber… Through grad school, my first job, my first baby, and all the other incredible journeys over the past few years!
Sigal Spitzer Flamholz
Bronx, United States
I heard the new Daf Yomi cycle was starting and I was curious, so I searched online for a women’s class and was pleasently surprised to find Rabanit Michelle’s great class reviews in many online articles. It has been a splendid journey. It is a way to fill my days with Torah, learning so many amazing things I have never heard before during my Tanach learning at High School. Thanks so much .
Martha Tarazi
Panama, Panama
I’ve been studying Talmud since the ’90s, and decided to take on Daf Yomi two years ago. I wanted to attempt the challenge of a day-to-day, very Jewish activity. Some days are so interesting and some days are so boring. But I’m still here.
Wendy Rozov
Phoenix, AZ, United States
When we heard that R. Michelle was starting daf yomi, my 11-year-old suggested that I go. Little did she know that she would lose me every morning from then on. I remember standing at the Farbers’ door, almost too shy to enter. After that first class, I said that I would come the next day but couldn’t commit to more. A decade later, I still look forward to learning from R. Michelle every morning.
Ruth Leah Kahan
Ra’anana, Israel
I started Daf during the pandemic. I listened to a number of podcasts by various Rebbeim until one day, I discovered Rabbanit Farbers podcast. Subsequently I joined the Hadran family in Eruvin. Not the easiest place to begin, Rabbanit Farber made it all understandable and fun. The online live group has bonded together and have really become a supportive, encouraging family.
Leah Goldford
Edmonton, Alberta, Canada
Margo
I started my Talmud journey in 7th grade at Akiba Jewish Day School in Chicago. I started my Daf Yomi journey after hearing Erica Brown speak at the Hadran Siyum about marking the passage of time through Daf Yomi.
Carolyn
I started my Talmud journey post-college in NY with a few classes. I started my Daf Yomi journey after the Hadran Siyum, which inspired both my son and myself.
Carolyn Hochstadter and Margo Kossoff Shizgal
Merion Station, USA
Beit Shemesh, Israel
I began daf yomi in January 2020 with Brachot. I had made aliya 6 months before, and one of my post-aliya goals was to complete a full cycle. As a life-long Tanach teacher, I wanted to swim from one side of the Yam shel Torah to the other. Daf yomi was also my sanity through COVID. It was the way to marking the progression of time, and feel that I could grow and accomplish while time stopped.
Leah Herzog
Givat Zev, Israel
Michelle has been an inspiration for years, but I only really started this cycle after the moving and uplifting siyum in Jerusalem. It’s been an wonderful to learn and relearn the tenets of our religion and to understand how the extraordinary efforts of a band of people to preserve Judaism after the fall of the beit hamikdash is still bearing fruits today. I’m proud to be part of the chain!
Judith Weil
Raanana, Israel
Inspired by Hadran’s first Siyum ha Shas L’Nashim two years ago, I began daf yomi right after for the next cycle. As to this extraordinary journey together with Hadran..as TS Eliot wrote “We must not cease from exploration and the end of all our exploring will be to arrive where we began and to know the place for the first time.
Susan Handelman
Jerusalem, Israel
I started learning Daf Yomi in January 2020 after watching my grandfather, Mayer Penstein z”l, finish shas with the previous cycle. My grandfather made learning so much fun was so proud that his grandchildren wanted to join him. I was also inspired by Ilana Kurshan’s book, If All the Seas Were Ink. Two years in, I can say that it has enriched my life in so many ways.
Leeza Hirt Wilner
New York, United States
In January 2020, my teaching partner at IDC suggested we do daf yomi. Thanks to her challenge, I started learning daily from Rabbanit Michelle. It’s a joy to be part of the Hadran community. (It’s also a tikkun: in 7th grade, my best friend and I tied for first place in a citywide gemara exam, but we weren’t invited to the celebration because girls weren’t supposed to be learning gemara).
Sara Averick
Jerusalem, Israel
Bava Batra 67
אַגְבַּהּ עִישּׂוּר נִכְסֵי, אֲפִילּוּ מֵאִצְטְרוֹבְלֵי דְרֵיחַיִים. אָמַר רַב אָשֵׁי: כִּי הֲוֵינַן בֵּי רַב כָּהֲנָא, מַגְבֵּינַן אֲפִילּוּ מֵעַמְלָא דְבָתֵּי.
collect for her one-tenth of her father’s estate, in keeping with the rabbinic ordinance that states that if a man dies, his sons are obligated to give his daughter a tenth of his landed properties as a dowry, and collect it even from his immovable lower millstones, as they too are considered landed property. Rav Ashi said: When we were students in Rav Kahana’s house we would collect for this purpose even from the rent of houses; since this money is earned from real estate, it too has the status of landed property and is included in the dowry calculations.
מַתְנִי׳ הַמּוֹכֵר אֶת הֶחָצֵר – מָכַר בָּתִּים, בּוֹרוֹת, שִׁיחִין וּמְעָרוֹת; אֲבָל לֹא אֶת הַמִּטַּלְטְלִין. בִּזְמַן שֶׁאָמַר לוֹ: ״הוּא וְכׇל מַה שֶּׁבְּתוֹכוֹ״ – הֲרֵי כּוּלָּן מְכוּרִין. בֵּין כָּךְ וּבֵין כָּךְ – לֹא מָכַר לֹא אֶת הַמֶּרְחָץ, וְלֹא אֶת בֵּית הַבַּד שֶׁבְּתוֹכָהּ. רַבִּי אֱלִיעֶזֶר אוֹמֵר: הַמּוֹכֵר אֶת הֶחָצֵר – לֹא מָכַר אֶלָּא אֲוִירָהּ שֶׁל חָצֵר.
MISHNA: One who sells a courtyard without specifying what is included in the sale has sold with it the houses, pits, ditches, and caves found in the courtyard, but he has not sold the movable property. When the seller says to the buyer: I am selling you it and everything that is in it, all these components are sold along with the courtyard, even the movable property. Both in this case, where he executes the sale without specification, and in that case, where he adds the phrase that includes the movable property, he has not sold the bathhouse, nor has he sold the olive press that is in the courtyard, as each is an entity with a discrete purpose and not an integral part of the courtyard. Rabbi Eliezer says: One who sells a courtyard without specifying what is included in the sale has sold only the airspace, i.e., the open space, of the courtyard, but nothing found in the courtyard, not even the houses.
גְּמָ׳ תָּנוּ רַבָּנַן: הַמּוֹכֵר אֶת הֶחָצֵר – מָכַר בָּתִּים הַחִיצוֹנִים, וּבָתִּים הַפְּנִימִים, וּבֵית הַחוֹלְסָאוֹת. חֲנוּיוֹת פְּתוּחוֹת לְתוֹכָהּ – נִמְכָּרוֹת עִמָּהּ, וְשֶׁאֵין פְּתוּחוֹת לְתוֹכָהּ – אֵין נִמְכָּרוֹת עִמָּהּ. פְּתוּחוֹת לְכָאן וּלְכָאן – [אֵלּוּ] וְאֵלּוּ נִמְכָּרוֹת עִמָּהּ. רַבִּי אֱלִיעֶזֶר אוֹמֵר: הַמּוֹכֵר אֶת הֶחָצֵר – לֹא מָכַר אֶלָּא מִילוּסָא שֶׁל חָצֵר.
GEMARA: The Sages taught in a baraita (Tosefta, 3:1): One who sells a courtyard has sold with it the outer houses that can be accessed directly from the courtyard, and the inner houses that can be entered only via the outer houses, and the area of the sand fields [uveit haḥolsaot]. As for the stores, those that open into the courtyard are sold along with it; those that do not open into it, but rather open into the public domain, even if they are located in the courtyard, are not sold along with it; and those that open both into this courtyard and into that other public domain are grouped together with those that open into this courtyard alone, and both these and those are sold with it. Rabbi Eliezer says: One who sells a courtyard without specifying what is included in the sale has sold only the open space of the courtyard.
אָמַר מָר: פְּתוּחוֹת לְכָאן וּלְכָאן – נִמְכָּרוֹת עִמָּהּ. וְהָא תָּנֵי רַבִּי חִיָּיא: אֵין נִמְכָּרוֹת עִמָּהּ! לָא קַשְׁיָא; הָא דְּרוֹב תַּשְׁמִישְׁתַּיְיהוּ לְגוֹ, הָא דְּרוֹב תַּשְׁמִישְׁתַּיְיהוּ לְבַר.
The Master said in the baraita: Stores that open both into this courtyard and into that public domain are sold along with the courtyard. The Gemara raises an objection: But didn’t Rabbi Ḥiyya teach a baraita that states that such stores are not sold with the courtyard? The Gemara answers that this is not difficult: This baraita, that teaches that the stores are sold along with the courtyard, is referring to a case where the majority of their use is from within, i.e., the stores are mainly accessed from within the courtyard, while that baraita of Rabbi Ḥiyya, that teaches that the stores are not sold along with the courtyard, is referring to a case where the majority of their use is from without, i.e., the stores are accessed mainly from the public domain.
רַבִּי אֱלִיעֶזֶר אוֹמֵר: הַמּוֹכֵר אֶת הֶחָצֵר – לֹא מָכַר אֶלָּא אֲוִירָהּ שֶׁל חָצֵר. אָמַר רַבָּה: אִי דַּאֲמַר לֵיהּ: ״דֵּירְתָּא״ – דְּכוּלֵּי עָלְמָא לָא פְּלִיגִי דְּבָתֵּי מַשְׁמַע. כִּי פְּלִיגִי – דַּאֲמַר לֵיהּ: ״דָּרְתָּא״; מָר סָבַר: תַּרְבִּיצָא מַשְׁמַע, וּמָר סָבַר: בָּתֵּי מַשְׁמַע.
The mishna teaches, and it was similarly taught in the baraita, that Rabbi Eliezer says: One who sells a courtyard has sold only the airspace of the courtyard, and he has sold nothing found in the courtyard, not even the houses. To clarify the disagreement between the unattributed opinion in the mishna and Rabbi Eliezer, Rabba said: If the seller said to the buyer that he is selling him dirata, i.e., the place of residence, everyone agrees that he means to sell the houses and that they are also included in the sale. When they disagree, it is where he said to him that he is selling him darta, i.e., the courtyard. One Sage, Rabbi Eliezer, holds that he means to sell only the garden, i.e., the space between the houses, and one Sage, the unattributed first opinion in the mishna, holds that he means to sell also the houses.
אִיכָּא דְּאָמְרִי, אָמַר רַבָּה: אִי דַּאֲמַר לֵיהּ ״דָּרְתָּא״ – דְּכוּלֵּי עָלְמָא לָא פְּלִיגִי דְּבָתֵּי מַשְׁמַע. כִּי פְּלִיגִי, דַּאֲמַר לֵיהּ: ״חָצֵר״; מָר סָבַר: חָצֵר – אַוֵּירָא מַשְׁמַע, וּמָר סָבַר: כַּחֲצַר הַמִּשְׁכָּן.
Some state a different version of this discussion, according to which Rabba says: If the seller says to the buyer that he is selling him darta, everyone agrees that he means to sell also the houses and that they are included in the sale. When they disagree, it is where he said to him that he is selling him the ḥatzer, the Hebrew term for courtyard. One Sage, Rabbi Eliezer, holds that when he says ḥatzer, he means to sell him only the airspace, i.e., the open space of the courtyard itself, and one Sage, the unattributed first opinion in the mishna, holds that houses are also included in the sale, just as the courtyard of the Tabernacle included the Tabernacle itself.
וְאָמַר רַבָּה אָמַר רַב נַחְמָן: מָכַר לוֹ חוֹלְסִית וּמְצוּלָה; הֶחְזִיק בַּחוֹלְסִית – לֹא קָנָה מְצוּלָה, הֶחְזִיק בַּמְּצוּלָה – לֹא קָנָה חוֹלְסִית. אִינִי?! וְהָא אָמַר שְׁמוּאֵל: מָכַר לוֹ עֶשֶׂר שָׂדוֹת בְּעֶשֶׂר מְדִינוֹת, כֵּיוָן שֶׁהֶחְזִיק בְּאַחַת מֵהֶן – קָנָה כּוּלָּן!
§ And Rabba says that Rav Naḥman says: If one sold another a sand field for glass making, and a pond for fishing or some other purpose, if the buyer took possession of the sand field in order to finalize the transaction, he has not acquired the pond and must therefore perform a separate act of acquisition for it. Conversely, if he took possession of the pond, he has not acquired the sand field. The Gemara asks: Is that so? But doesn’t Shmuel say: If one sold another ten fields in ten different regions, all in a single bill of sale, once he takes possession of one of them, he has acquired them all; and the two cases seem to be analogous.
הָתָם הוּא דְּסַדָּנָא דְאַרְעָא חַד הוּא, וְכוּלַּהּ חֲדָא תַּשְׁמִישְׁתָּא הוּא; אֲבָל הָכָא – הָא תַּשְׁמִישְׁתָּא לְחוֹד, וְהָא תַּשְׁמִישְׁתָּא לְחוֹד.
The Gemara rejects the parallel: There, in the case of the ten fields, the land is all located in one geographic block, and it all has one use, i.e., to be farmed. The buyer, therefore, acquires all of the fields when he takes possession of one of them, even if they are not adjacent. But here, in the case of the sand field and the pond, this, the sand field, has a distinct use, i.e., to supply sand for glass making, and that, the pond, has a distinct use, i.e., for fishing. Therefore, taking possession of one of them does not effect a transfer of the other.
וְאִיכָּא דְּאָמְרִי,
And some state a different version of the previous discussion.
אָמַר רַבָּה אָמַר רַב נַחְמָן: הֶחְזִיק בַּחוֹלְסִית – קָנָה מְצוּלָה. פְּשִׁיטָא – דְּהָא אָמַר שְׁמוּאֵל: מָכַר לוֹ עֶשֶׂר שָׂדוֹת וְכוּ׳! מַהוּ דְּתֵימָא: הָתָם הוּא דְּסַדָּנָא דְאַרְעָא חַד הוּא, אֲבָל הָכָא – הָא תַּשְׁמִישְׁתָּא לְחוֹד, וְהָא תַּשְׁמִישְׁתָּא לְחוֹד; קָא מַשְׁמַע לַן.
Rabba actually said that Rav Naḥman said: If one sold another a sand field and a pond, and the buyer took possession of the sand field, he has also acquired the pond. The Gemara asks: This is obvious, as Shmuel says: If one sold ten fields to another in ten different regions, once he takes possession of one of them, he has acquired them all. The Gemara explains why Rav Naḥman’s statement was nevertheless necessary: It is necessary lest you say that there, in the case of the ten fields, the land is all located in one geographic block with a single use, and therefore all the fields are acquired together. But here, in the case of the sand field and the pond, this, the sand field, has a distinct use, and that, the pond, has a distinct use, and therefore taking possession of one of them should not effect acquisition of the other. Therefore, Rav Naḥman teaches us that if the buyer took possession of the sand field, he has acquired the pond as well.
מַתְנִי׳ הַמּוֹכֵר בֵּית הַבַּד – מָכַר אֶת הַיָּם וְאֶת הַמֶּמֶל וְאֶת הַבְּתוּלוֹת, אֲבָל לֹא מָכַר אֶת הָעֲבִירִים וְאֶת הַגַּלְגַּל וְאֶת הַקּוֹרָה. וּבִזְמַן שֶׁאָמַר לוֹ: ״הוּא וְכׇל מַה שֶּׁבְּתוֹכוֹ״ – הֲרֵי כּוּלָּן מְכוּרִין. רַבִּי אֱלִיעֶזֶר אוֹמֵר: הַמּוֹכֵר בֵּית הַבַּד – מָכַר אֶת הַקּוֹרָה.
MISHNA: One who sells an olive press without specifying what is included in the sale has sold with it the yam and the memel and the betulot, the immovable elements of the olive press. But he has not sold with it the avirim and the galgal and the kora, the movable utensils of the olive press. When the seller says to the buyer: I am selling you it and everything that is in it, all these components are sold along with the olive press, even the movable utensils. Rabbi Eliezer says: One who sells an olive press has sold the kora as well, as it is the most fundamental element of the olive press.
גְּמָ׳ ״יָם״ – טְלָפְחָא. ״מֶמֶל״ – אָמַר רַבִּי אַבָּא בַּר מֶמֶל: מַפְרַכְתָּא. ״בְּתוּלוֹת״ – אָמַר רַבִּי יוֹחָנָן: כְּלוֹנְסוֹת שֶׁל אֶרֶז, שֶׁמַּעֲמִידִין בָּהֶן אֶת הַקּוֹרָה. ״עֲבִירִים״ – כִּבְשֵׁי. ״גַּלְגַּל״ – חוּמַרְתָּא. ״קוֹרָה״ – קוֹרָה.
GEMARA: The Gemara explains the terms used in the mishna. The yam is the lentil, the round stationary container into which the olives are placed before being crushed. As for the memel, Rabbi Abba bar Memel said: This is the crusher, the utensil used to pound and crush the olives. As for the betulot, Rabbi Yoḥanan said: These are the cedar posts [klonsot] that support the beam of the olive press. The avirim are the pressers, wooden boards that are placed on top of the crushed olives, and upon which the beam is lowered in order to press the olives. The galgal is the ḥumrata, a round stone that is placed on the beam to weigh it down. The kora is the heavy wooden beam used to press down upon the olives and thereby extract the oil.
תָּנוּ רַבָּנַן: הַמּוֹכֵר בֵּית הַבַּד – מָכַר אֶת [הַ]נְּסָרִים, וְאֶת הַיְּקָבִים, וְאֶת הַמַּפְרֵכוֹת, וְאֶת הָרֵיחַיִם הַתַּחְתּוֹנוֹת – אֲבָל לֹא הָעֶלְיוֹנָה. וּבִזְמַן שֶׁאָמַר לוֹ: ״הוּא וְכׇל מַה שֶּׁבְּתוֹכוֹ״ – הֲרֵי כּוּלָּן מְכוּרִין. בֵּין כָּךְ וּבֵין כָּךְ – לֹא מָכַר לֹא אֶת הָעֲבִירִים, וְלֹא אֶת הַשַּׂקִּין, וְלֹא אֶת הַמַּרְצוּפִין.
The Sages taught in a baraita (Tosefta, 3:2): One who sells an olive press without specifying what is included in the sale has sold with it the boards that are fixed in place to hold the olives; and the vats for collecting the oil, and the crushers, used to pound and crush the olives before pressing them, and the lower millstone, i.e., the stationary millstone base; but not the upper millstone. But when the seller says to the buyer: I am selling you it and everything that is in it, all these components are sold. Both in this case, where he executes the sale without specification, and in that case, where he adds the phrase that he is selling everything that is in the olive press, he has not sold the wooden boards that are placed on top of the crushed olives when they are being pressed, nor has he sold the sacks, nor has he sold the leather bags for carrying the olives, as these are all movable goods that are not specifically part of the olive press.
רַבִּי אֱלִיעֶזֶר אוֹמֵר: הַמּוֹכֵר בֵּית הַבַּד – מָכַר אֶת הַקּוֹרָה, שֶׁלֹּא נִקְרָא בֵּית הַבַּד אֶלָּא עַל שׁוּם קוֹרָה.
Rabbi Eliezer says: One who sells an olive press has sold the heavy wooden beam used to press down upon the olives, as it is called an olive press [beit habad] only due to this beam, the most essential part of the press, and this beam is otherwise known as a bad.
מַתְנִי׳ הַמּוֹכֵר אֶת הַמֶּרְחָץ – לֹא מָכַר אֶת הַנְּסָרִין, וְאֶת הַסְּפָלִין, וְאֶת הַבֵּלָנִיּוֹת. בִּזְמַן שֶׁאָמַר לוֹ: ״הִיא וְכׇל מַה שֶּׁבְּתוֹכָהּ״ – הֲרֵי כּוּלָּן מְכוּרִין. בֵּין כָּךְ וּבֵין כָּךְ – לֹא מָכַר לֹא אֶת הַמְּגוּרוֹת שֶׁל מַיִם, וְלֹא אֶת אוֹצָרוֹת שֶׁל עֵצִים.
MISHNA: One who sells a bathhouse without specifying what is included in the sale has not sold with it the boards that are placed on the floor, nor has he sold the basins or the curtains [habilaniyot]. When the seller says to the buyer: I am selling you it and everything that is in it, all these components are sold along with the bathhouse. Both in this case, where he executes the sale without specification, and in that case, where he adds the phrase that he is selling everything that is in the bathhouse, he has not sold the tanks of water, nor has he sold the storerooms for wood, as an explicit sales agreement is required for these matters.
גְּמָ׳ תָּנוּ רַבָּנַן: הַמּוֹכֵר אֶת הַמֶּרְחָץ – מָכַר אֶת בֵּית הַנְּסָרִין, וְאֶת בֵּית הַיְּקָמִין, וְאֶת בֵּית הַסְּפָלִים, וְאֶת בֵּית הַוִּילָאוֹת; אֲבָל לֹא אֶת נְסָרִין עַצְמָן, וְלֹא יְקָמִין עַצְמָן, וְלֹא סְפָלִים עַצְמָן, וְלֹא וִילָאוֹת עַצְמָן. וּבִזְמַן שֶׁאָמַר לוֹ: ״הִיא וְכׇל מַה שֶּׁבְּתוֹכָהּ״ – הֲרֵי כּוּלָּן מְכוּרִין. בֵּין כָּךְ וּבֵין כָּךְ, לֹא מָכַר לוֹ אֶת הַבְּרֵיכוֹת הַמְסַפְּקוֹת לוֹ מַיִם – בֵּין
GEMARA: The Sages taught in a baraita (Tosefta, 3:3): One who sells a bathhouse without specifying what is included in the sale has sold with it the storeroom for the boards, and the storeroom for the implements called yekamin, and the storeroom for the basins, and the storeroom for the curtains [vilaot], but he has not sold the boards themselves, nor the yekamin themselves, nor the basins themselves, nor the curtains themselves. When the seller says to the buyer: I am selling you it and everything that is in it, all these components are sold along with the bathhouse. Both in this case, where he executes the sale without specification, and in that case, where he adds the phrase that he is selling everything that is in the bathhouse, he has not sold him the pools that supply him with water, whether
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