Ask A Question on the daf

Previous daf

1) WHAT IS INCLUDED WITH A FIELD (cont.)

(a) (Gemara) Question: What are rocks that are needed for the field?
(b) Answer #1 (Chachamim of Bavel): Rocks that hold down sheaves left to dry so they will not be blown away.
(c) Answer #2 (Ula): Rocks arranged as a wall around the field.
(d) Question: But R. Chiya taught, rocks gathered near the wall (even though they are not arranged as a wall)!
(e) Answer: We must change that to say rocks arranged as a wall.
(f) (Chachamim of Bavel): Rocks that hold down sheaves.

1. According to R. Meir (78B, he considers more things to be needs of a vineyard than Chachamim), rocks prepared for this are included, even if they are not in the field;
2. According to Chachamim, they are included only if they are in the field.

(g) (Ula): Rocks arranged as a wall around the field.

1. According to R. Meir, they are included if they are prepared, even if they are not arranged;
2. According to Chachamim, they are included only if they are arranged.

(h) (Mishnah): Reeds needed for a vineyard.
(i) Question: Why are reeds needed for a vineyard?
(j) Answer (d'vei R. Yanai): To support the vines.

1. According to R. Meir, they are included if they are smoothed out, even if they are not inserted in the ground;
2. According to Chachamim, they are included only if they are inserted in the ground.

(k) (Mishnah): Attached grain.
(l) This is even if it is ready to be harvested.
(m) (Mishnah): Clusters of reeds that are less than Beis Rova.
(n) This is even if they are strong.
(o) (Mishnah): A guardhouse that is not plastered.
(p) This is even if it is fixed in the ground.
(q) (Mishnah): A young carob tree that has not yet been grafted, a sycamore tree that has not yet been pruned.
(r) This is even if they are strong.

(a) (Mishnah): It does not include rocks not needed for the field.

1. According to R. Meir, the rocks were not prepared;
2. According to Chachamim, (even if they were prepared), if they are not in the field they are excluded.
3. According to Ula, who explained that the rocks are to make a wall: according to R. Meir, they are excluded if they are not prepared;
4. According to Chachamim, they are excluded if they are not arranged.

(b) (Mishnah): Nor reeds not needed for a vineyard.

1. According to R. Meir, they are excluded if they are not smoothed out;
2. According to Chachamim, they are excluded if they are not inserted in the ground.

(c) (Mishnah): Nor detached grain.
(d) This is even if it must remain on the ground (to dry out).
(e) (Mishnah): Nor clusters of reeds more than Beis Rova.
(f) This is even if the reeds are small.
(g) (R. Chiya bar Aba): Not only clusters of reeds, but even a small spice patch, if it is called by its own name, is not included.
(h) (Rav Papa): This is only if it is called 'Ploni's spice-patch'.
(i) (Mishnah): Nor a guardhouse that is plastered.
(j) This is even if it is fixed in the ground.
(k) Question (R. Elazar): Are frames around the door (Tosfos - of the guardhouse; Rashbam - of a house that is sold) included?

1. If they are attached with plaster, surely they are included;
2. The question is when they are on pegs.
3. This question is not resolved.

(l) Question (R. Zeira): Are frames around the window included?

1. Do we say, they are just for decoration, they are not included?
2. Or, since they are attached, they are included?
3. This question is not resolved.

(m) Question (R. Yirmeyah): Are tiles placed under legs of a bed (to prevent the legs from rotting) sold with the bed?

1. If they are attached, surely they are included;
2. The question is when they are not attached.
3. This question is not resolved.

(a) Mishnah): Nor a young carob tree that has not yet been grafted, nor a sycamore stump.

(b) Question: What is the source of this?
(c) Answer (Rav Yehudah): "V'Chol ha'Etz...Asher b'Chol Gevulo" - trees that need a border around them (because they are unimportant, people could contest them) they are included;

1. Important trees are known (to whom they belong), they do not need a border, they are not included.

(d) (Rav Mesharshiya): This is the source that one who buys a field also acquires the border.
(e) (Rav Yehudah): One who sells land must write 'Acquire it and the date trees (of various types) and saplings';

1. Even though he acquires them if this was not written, one should write the document so that no Beis Din could err.

(f) If Reuven sold 'My land and date trees': if he has date trees, he must give two; if he has no date trees, he must buy two and give them; if a creditor has a lien on the trees, he must redeem them (pay their value to the creditor to release the lien on them).
(g) If Reuven sold 'My land with date trees': if it has date trees, he gives them (Bach's text - the sale is valid); if it has no date trees, the sale is void.
(h) If he sold 'My land Bei Dikli (of date trees)': if it has no date trees, he meant 'that is fitting to grow date trees' (the sale is valid).
(i) If he sold 'Except for Dekel Plonis (a particular date tree)': if it is a good tree, he only excluded it; if it is bad, all the more so, he excluded the good date trees!
(j) If he sold 'Except for trees': if it has (regular) trees, he excluded them; if it has only date trees, he excluded them; if it has no trees, only vines, they are excluded.

1. If it has trees and vines, the trees are excluded; if it has trees and date trees, only the trees are excluded; if it has date trees and vines, the vines are excluded.