Babylonian Talmud

Rodkinson 1918 — source 13, scan section 65

which the taxes were to be collected was known). Hence as the scribe anqlmus means a man, so also must santer mean a man ? Why ? Santer may mean a pagus, and angljuus a man. But this cannot be, because of the latter part of the said Bo- raitha, which states : It does not include, however, the shirih, neither the villages around the town, nor the forests which are near it, and also not the vivarium of wild beasts, fowl, or fish. And to the question, What means the word shirih ? it was said by R. Aba: It means pieces of paguses {i.e., dry land surround- ing the town, broken by rocks). Now can you say that part of \\iQ. pagus is not sold, while the vi\io\& pagus is? Reverse the names! R. Jehudah said: The anqbmis is not sold, but the santer is. But how can you say that R. Jehudah is in accordance with R. Simeon? Does he not hold with the rabbis, who said: " The villages that surround the town are not sold," while R. Simeon b. Gamaliel said plainly in a Boraitha: The sale of the town includes the villages near by also ? It does not matter. R. Jehudah may agree with him in one thing, and differ in another. " * Vivarium ' of luild beasts," etc. There is a contradiction from the following Boraitha: If villages belong to the town, they are not sold with it; if the town contains one part of the sea, or it has a vivarium of wild beasts, fowl, or fish, they are sold therewith. This presents no difficulty! One Boraitha speaks of when the entrance to the vivarium was from the city, and the other speaks of when the entrance was from the field. But does not the first Boraitha state: Nor the forests which face the town (which means also the entrance from the town) ? Read : The forests that are separated from it. TRACT BABA BATHRA (LAST GATE). i6i MISHNA VIII. : If one sells a field, the sale includes the stones which are needed for its use; and if it was a vineyard, the sticks which are used for keeping the vines in order. Also the stalks that are attached to the ground, the reed-bushes if they take a space less than that in which a quarter of a kab can be sown, the hut (where the watchman guards) if it is not smeared with clay, and a carob or a sycamore uninoculated ; but not the stones, the sticks of a vineyard which are not for use at that time, neither the grain that is not attached to the ground. If, however, he says, " with all its contents," all is sold. In any case, however, the sale does not include the reed-bushes if they take more space than said above, and not the hut if smeared with clay, and not a carob or sycamore when inoculated. GEMARA: What stones are to be considered to be needed for use ? Here in this college it was explained, stones which are prepared for laying upon the sheaves, that they may not be scattered by the wind. Ula, however, said: It means stones that are arranged for a wall. But did not R. Hyya teach: The stones that were gathered in heaps for this purpose ? Read: arranged. To him who explains the stones as for laying upon the sheaves — according to R. Meir, who says elsewhere that if one sells a vineyard all the things which are useful for it are sold therewith, the stones in question are included, even when they are placed outside the field ; and according to his opponents, only when they are placed in the field and prepared for this purpose. And to Ula's expla- nation that it means stones for a wall — according to R. Meir even when they were not arranged, and to his opponents only when they were arranged. " The sticks,'" etc. The school of R. Yanai says: It means posts for supporting the vine, in order to prevent its bending. And according to R. Meir, even when they were not prepared for this purpose; and to the rabbis his opponents, however, only when already placed under the vine. " Stalks which are attached," etc. Even when they are ripe for harvesting. " The reed-bushes" etc. Although they are growing sepa- rately, or thick ones, which have nothing to do with the vine- yard. " The hut" etc. Although it was not attached to the ground. '* And the carob" etc. Although thick and si:rong. i62 THE BABYLONIAN TALMUD. " Bui not the sto7tes,*' etc. According to R. Meir, when they were not prepared for this purpose, and according to the rabbis when they were outside of the field; and also to Ula's explana- tion— according to R. Meir, when they were not prepared, and to the rabbis, when they were not arranged. The posts for supporting,'' etc. According to R. Meir, when they were not prepared, and according to the rabbis, when they were not placed under the vine. " When they were not attached,'" etc. Even so they still needed the ground for drying. '' And not the reed-bushcs." Although they are still small. And R. Hyya b. Aba said in the name of R. Johanan: Not reed-bushes only, but even if there was a small bed of spices, having a separate name, it is not included in the sale. Said R. Papa: Provided they are called the spices of so and so. " And not the hut" etc. Although it were attached to the ground. " Nor the carob," etc. Whence is this deduced ? Said R. Jehudah in the name of Rabh: From [Gen. xxxiii. 17]: " And the field of Ephron . . . and all the trees that were in the field, that were in all its borders round about, were made sure " ; from which is to be understood that all those without the bor- ders were excluded (and so also the inoculated carob, etc., are of separate value and had nothing to do with his field). Said R. Mesharshia: From this passage we infer that the boundary is sold to the buyer with the field biblically; i.e., because it is written " round about," which is the boundary, and was sold by Ephron with the field. R. Jehudah said: It is advisable for one who sells his estate to write in the bill of sale " acquire title to the trees, to the young plants, also to those trees that do not yield fruit." And although title is given to all these, even if it were not so writ- ten, it is better for the bill of sale to contain the words just men- tioned. If one said: " I sell you the ground and date trees," then, if there were such on his estate, he must give him two of them ; and if there were not, he has to buy two for him ; and if he possesses them, but they were mortgaged, he has to redeem two for him. If he said: " I sell you the estate with the date trees," if the estate contains such the sale is valid; and if not, the sale is void. If he said: " An estate on which there are date trees," and there were none, the sale is valid; for he meant, it is fit for them. If he said: " I sell to you this estate, TRACT BABA BATHRA (LAST GATE). 163 except such and such a tree," it is to be investigated whether this tree is a good one that yields much fruit — then he reserves