Aber er hat weder die Steine verkauft, die nicht für seine Zwecke verwendet werden, noch das Schilf in einem Weinberg, das nicht für seine Zwecke verwendet wird, noch die Produkte, die bereits vom Boden gepflückt wurden. Aber wenn er gesagt hätte: "Es und alles, was drin ist", werden all diese auch verkauft. Aber so oder so hat er keine Schilftrennwand verkauft, die ein Viertel [ kav ] abdeckt.'s Boden des Bodens oder der Wächter's Hütte, wenn diese mit Mörtel oder gepfropften Johannisbrotbäumen oder geernteten Bergahornen oder einer Zisterne, einer Weinpresse oder einem Taubenschlag verputzt war, unabhängig davon, ob sie ruiniert oder in Gebrauch sind. Und er muss einen Weg kaufen - das sind die Worte von Rabbi Akiva. Aber die Weisen sagen: Er braucht nicht. Und Rabbi Akiva stimmt zu, dass er sich keinen Weg kaufen muss, wenn er gesagt hätte: „Außer diesen“. Wenn er sie an einen anderen verkauft hätte, sagt Rabbi Akiva: Er [der sie gekauft hat] braucht sich keinen Weg zu kaufen. Aber die Weisen sagen: Er muss sich einen Weg kaufen. Worauf beziehen sich diese Wörter? An einen Verkäufer. Aber wer es verschenkt, gibt alles. Wenn Brüder geteilt haben [ein Erbe, hat derjenige, der] Rechte an einem Feld hat, Rechte an allem, was darin ist. Wer Anspruch auf das Eigentum eines Konvertiten erhebt, erhebt [einmal] Anspruch auf den [Konvertiten]'Auf diesem Gebiet erhebt er Anspruch auf alles, was darin enthalten ist. Einer, der ein Feld [dem Tempel] gewidmet hat, hat alles darin gewidmet. Rabbi Shimon sagt: Einer, der ein Feld [dem Tempel] gewidmet hat, hat nur die gepfropften Johannisbrotbäume und die geernteten Bergahorne gewidmet.
Bartenura on Mishnah Bava Batra
לא מכר את מחיצת הקנים [וכו'] – for all of these are considered as a field [on its own].
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English Explanation of Mishnah Bava Batra
Introduction Mishnah nine continues the discussion began in mishnah eight, what is sold as part of the sale of a field.
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Bartenura on Mishnah Bava Batra
לא מכר את בור – even though he sold him the field, these are not sold.
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English Explanation of Mishnah Bava Batra
Since this is an extremely long mishnah we will explain it section by section.
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Bartenura on Mishnah Bava Batra
צריך המוכר ליקח לו דרך מן הלוקח – to go to the cistern and to the wine-press, for he sells with good-will as I have explained above (see Tractate Bava Batra, Chapter 4, Mishnah 2).
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English Explanation of Mishnah Bava Batra
But [one who sold a field] has not sold the stones that are not necessary to it or the canes in a vineyard that are not necessary to it or the produce that is already picked from the ground. But if he had said, “It and all that is in it” all of these are sold also. But in neither case has he sold any partition of reeds that covers a quarter-kav’s space of ground, or the watchman’s hut if it was not fastened down with mortar, or grafted carob trees or cropped sycamores, or any cistern or winepress or dovecote, whether they are lying waste or in use. In the previous mishnah we learned what things are sold as part of a field and now in our mishnah we learn the opposite categories, things that are not sold as part of a field. Anything that is not necessary for the maintenance of the field is not sold with it, such as stones not used as part of a fence or canes in a vineyard not used for the vines. Picked produce is not considered part of the field. If the seller had specified that he was selling all that was in the field than he has sold the preceding items but he has still not sold the partition of reeds that is of significant size, nor the watchman’s house which is not attached to the ground. Since these items are separate from the field they are not sold with the field and are not considered to be “in the field”. He also has not sold the grafted carob or the cropped sycamore. These are more important than the ungrafted carob and the young sycamore that are sold with the field, as we learned in mishnah eight. Since they are important, they must be sold on their own. Finally he has not sold any of the major structures which may be in the field, such as a cistern for storing water, a wine press and a dovecote. These are not sold even if they are not in use.
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Bartenura on Mishnah Bava Batra
נתן את כולם – and even to one who stated that he sells with ill-will, he sells it, and the purchaser must buy a right of way [when] he sold him one of these kind, and leaves the field to himself. Especially when he sells as we state here, because the purchaser can make conditions and explanations, for since he didn’t make a condition, he doesn’t lose out. But regarding a person who gives, when he receives the gift, he is embarrassed to state to the giver – “explain to me what you are giving me.” We don’t say that when he doesn’t explain, he is the one who loses, but we say is that he gave it to him with good will, and the recipient of the gift does not have to buy a right of way, and similarly, all of these things that we have stated above, he didn’t sell because they are not included in the field and even those things that are not included – everything that is within it, such as a carob or a fully grown sycamore tree and the cistern and the wine-press. If he gave [the field as a gift], he gave him everything, because with good well is too much of what he gives.
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English Explanation of Mishnah Bava Batra
And [the seller] must purchase [from the buyer] a way thereto, according to Rabbi Akiva. But the sages say: “He need not.” And Rabbi Akiva agrees that if he had said, “Excepting these”, he need not buy himself a way thereto. If he had sold them (the cistern, winepress or dovecote) to another, Rabbi Akiva says: “He [that bought them] need not buy himself a way thereto. But the Sages say: “He must buy himself a way thereto.” In this section we learn of a dispute between Rabbi Akiva and the other sages regarding the necessity for a seller to buy a path to reach his cistern, wine press or dovecote which are on the field he just sold. According to Rabbi Akiva the seller must buy a path from the buyer; according to the sages he need not. We also learn of the opposite case, where the seller sold a cistern, wine press or dovecote but did not sell the field. According to Rabbi Akiva in such a case the buyer need not buy a path from the seller; according to the sages he must. This entire section was taught in mishnah two of our chapter and there we explained it in greater depth.
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Bartenura on Mishnah Bava Batra
זכו בשדה זכו בכולן – even a cistern and a wine-press and a dovecote that are in the field, because each one merits with its own and it is removed from his fellow completely.
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English Explanation of Mishnah Bava Batra
When is this so? With regards to he that sells his field. But if he gives it as a gift, he gives everything that is in it. If brothers who divided [an inheritance] came into possession of a field, they come into possession of everything that is in it. If a man secured title by possession of the property of a convert, and secured title by possession of the [convert’s] field, he secures title to everything that is in it. If a man dedicated a field [to the Temple] he has dedicated everything in it. Rabbi Shimon says: “If a man dedicated a field, he has dedicated only the grafted carob trees and cropped sycamores.” This section states that all that we have learned in the previous parts of the mishnah is true only when a person sells a piece of land to another. However, if he were to give the land to another person as a gift, we assume that he is giving not only the land but all of the things in it as well. This is true even though he does not specify that he is giving all that is in it. Furthermore, when brothers inherit land, they also inherit all that is on the land. When a person secures property that belonged to a convert who died without inheritors, he too secures not only the land but all that is in it. [A convert’s non-Jewish family do not inherit him. Therefore if he dies without children his property will not go to any inheritors.] Finally, when one dedicates a piece of land to the Temple, we assume that he is dedicating not just the land, but all that is in it. Over this last detail Rabbi Eliezer disagrees. According to him when a person dedicates a piece of land he is only dedicating the trees which receive their water and nutrients directly from the land. All of the other things are not part of his dedication to the Temple.
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Bartenura on Mishnah Bava Batra
החזיק בכולם – And even though that a carob [tree] and a sycamore [tree] are not neglected regarding the field, they are like two fields, and there is pathway between them and if he gained possession of one of them, he bought its neighbor.
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English Explanation of Mishnah Bava Batra
Questions for Further Thought: • Section 1b: Why does the mishnah need to emphasize that cisterns, wine presses and dovecotes are not sold with a field no matter if they lie in waste or are in use? What might you have thought had the mishnah not included this line? • Section 3: Why is there a difference between one who sells a piece of land to another and one who gives it away?
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Bartenura on Mishnah Bava Batra
הקדיש כולם – when he dedicates it [to the Temple], he dedicates it with good will.
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Bartenura on Mishnah Bava Batra
לא הקדיש אלא חרוב – from all of these that are mentioned in our Mishnah, regarding a sale, he did not sell, regarding devoting to the Temple, he did not devote, for the knowledge of the one who dedicates is like the knowledge of the sell, except for the grafted carob tree and the fully grown sycamore tree, and even though that the sale was not a sale, with a dedication it is sanctified, and the reason is that since from a dedicated field, it absorbs.
