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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.

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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