Babylonian Talmud

Rodkinson 1918 — source 13, scan section 64

of the tabernacle, which is written, " the length of the yard" [Ex. xxvii.], and all its contents is meant; and R. Eliezer holds that with the word " yard " is meant the air only. Rabha in the name of R. Na'hman said: If one has made a hazakah on the Chulsu, title is acquired in the ground to a depth at which silver or gold, if found, belongs to him. Is this not self-evident? Has not Samuel said: If one sold ten fields in ten different countries, as soon as he has made a haza- kah on one of them, title is acquired to all ? Lest one say that there is a difference, as the surface of the earth is alike every- where, and the fields are similarly adapted for planting, they are therefore considered as if they were joined each to the other; but in our case the use of the two things mentioned is different, * A Beth Hulsauth, according to Rashbam, means sand of which glass is made ; to Gershom, it means rock. Schonhak, however, maintains that it is a Greek word, meaning bank. The reader may choose. iS8 THE BABYLONIAN TALMUD. and one might say that title is not given to the ground — there- fore Rabha's statement, MISHNA v.: If one sells a press-house, the sale includes the trough, the press-beam or press-stone, and the poles, but not the boards that are put on grapes while pressing; neither the wheel nor the treading rod. If, however, he told him, " This press-house, with all its contents," all is sold. R. Eliezer, how- ever, maintains that the expression "press-house" means the treading-rod only. GEMARA: The rabbis taught: If one sell a press-house, the sale includes the bronze plates that prevent the grapes from scattering, the trough, the press-beams, and lower stones of the handmill, but not the upper stones. If, however, he said, " With all its contents," all is sold. In any case, neither the boards which are put on the grapes while pressing, nor the sacks, nor the packing-bags are sold. R. Eliezer, however, maintains that he who sells a press-house sells the treading-rod also, as the expression " press-house " means chiefly the" tread- ing-rod." MISHNA VL: If one sell a bath-house, the sale does not include the boards on the floor (the baths at that time were heated beneath the stone floors, and boards were placed on the floor for stepping upon), the basin, neither the curtains on the doors. If, however, he said, " With all its contents," all is sold; but in any case the sale does not include the channels with water, nor the wood piles prepared for the bath-house. GEMARA: The rabbis taught: If one has sold a bath- house, the sale includes the separate houses for keeping the boards, the tubs, the basins, and the curtains; but not the boards proper, neither the tubs, nor the basins, nor the curtains. If, however, he said to him, " With all its contents," all is sold. In any case, however, the channels that contain water for the use of bathing in the summer and rainy seasons are not sold, nor the houses for storing the wood, unless he said : " The bath- house with all its implements," then the sale includes every- thing that may be used for bathing purposes. There was a man who said : " I sell you the press-house with all its implements," and there were some stores outside of the press-house, in which poppy was spread out for drying pur- poses, and the buyer claimed that they were also included, while the seller claimed they were not. The case came before R. Joseph, who decided in accordance with the Boraitha just cited, TRACT BABA BATHRA (LAST GATE). 159 that in such a case everything that maybe used for that purpose is sold. Said Abayi to him : But does not R. Hyya teach the contrary ? Therefore said R. Ashi: It must be investigated how the sale was; if he said, " the press-house with all its im- plements and also its boundaries," then title is given to all of them, but not otherwise. MISHNA VII. : If one sells a town, the sale includes houses, wells, caves, bath and press houses, pigeon-houses, and also Beth Hashal'hin, but not the movable property, unless he said, " the town with all its contents " ; then, even if there were cat- tle or slaves, they are also included in the sale. R. Simeon b. Gamaliel said : He who sells a town sells also the santer (the meaning will be explained farther on). GEMARA: Said R. A'ha b. R. Ivya to R. Ashi: From this Mishna is to be understood that slaves are considered movable property; as, if they were to be considered real estate, then they would be sold with the town without any stipulation. Answered he : Even according to your theory that they are con- sidered movable property, why does the Mishna state that if he said, " even with all its contents," slaves are sold also, from which is to be understood that they are not movable property proper ? And what could you answer to this — that there is a difference between movable property that must be carried and that which is self-moving ? The same answer can apply also to the theory that slaves are considered real estate, as there is a difference between stationary real estate " and that which is self-moving." " Sold the santer.'' What does this word mean ? Here in Balylon they explained it " guardsman," or " bailiff " (a slave). Simeon b. Abtulmus said: It means a.pagtis (land that surrounds the town). According to him who explains it as " guardsman," etc., so much the more is the pagus included in the sale; but according to him who explains it as 2. pagus, the guardsman is not included. An objection was raised from our Mishna, which states: " press-houses and Beth Hashal'hin," and the school- men explained the expression shaVhin (which everywhere means dry field) as meaning the gardens around the town, which also usually ought to be watered. And this is correct only for him who explains the word santer as a pagus, when the Mishna is to be explained thus: The first Tana holds that only the gardens around the town are included, but not anything else; and R. Simeon b. Gamaliel came to add the pagus ; which, according i6o THE BABYLONIAN TALMUD. to his opinion, is also included. But according to him who ex- plains santer as a " guardsman," if it be assumed that the first Tana speaks about gardens, should R. Simeon answer him with a " guardsman " ? Nay ! The explanation of the word shaV hin is not gardens, as you thought, but, as is everywhere explained, dry land, which means /<j^«j. [And this explanation is correct, as it is written [Job, v. lo]: " And sendeth out waters," etc., which is the translation of Veshilea h.'\ And R. Simeon b. Gamaliel came to say: Not only zpagus, but even the " guards- man," is also included. Come and hear another objection! R. Jehudah said: The santer is not included, but the anqlmus (the scribe of the city, who was usually a slave to whom all the surrounding fields on