One who sells an ass has not sold its gear. R. Nachum Hamadi says: He has sold its gear. [With riding gear, such as saddle and (saddle) cushion, all agree that he acquires them, even if they are not on it at the time of the sale. Where do they differ? With carrying gear, such as sack and (saddle) bags. The first tanna holds that he has not sold him the latter, and Nachum Hamadi holds that he has. The halachah is in accordance with the first tanna, viz.: he has not acquired the carrying appurtenances, even if they were not on it at the time of the sale.] R. Yehudah says: They are sometimes sold and sometimes not sold. How so? If an ass were (standing) before him with its gear on, and he said to him: "Sell me this ass" [implying: as it is, with its gear], its gear is sold. (If he said:) "Is it your ass?" [connoting: (If it is,) sell it to me, then it is as if he sells an ass itself, and] its gear is not sold, [even if it were upon it at the time of the sale. The halachah is not in accordance with R. Yehudah.]
Bartenura on Mishnah Bava Batra
לא מכר אל כליו – the utensils that are made for riding such as the saddle and pack-saddle, no one would argue that he purchased it, even if they were not upon it (i.e., the animal) at the time of the sale. What they do dispute about are the utensils of burden, such as the sack and the bag with two pouches (see Talmud Bava Batra 78a). The first Tanna/teacher [of the Mishnah] holds that he did not sell the utensils of burden that are upon it (i.e., the animal). But Nahum HaMadi holds that he sold the utensils of burden that are upon it. But the Halakha is according to the first Tanna/teacher, and he did not acquire the utensils of burden, and even if they were upon it (i.e., the animal) at the time of the sale.
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English Explanation of Mishnah Bava Batra
Introduction
Mishnah two deals with what is included in the sale of a donkey.
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Bartenura on Mishnah Bava Batra
חמורך זה – implying as it is with its utensils.
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English Explanation of Mishnah Bava Batra
If a man sold a donkey he has not sold its trappings. Nahuma of Madi says: “He has sold its trappings.” Rabbi Judah says: “Sometimes they are sold and sometimes they are not sold. How is this so? If the donkey was before him with its trappings on it and he said, ‘Sell me this donkey of yours’, the trappings are sold (with the. If he said, ‘Sell me that donkey of yours’, the trappings are not sold.” A donkey is usually packed with several bags used to carry the donkeys load. These are the “trappings” referred to in the mishnah. According to the first opinion, if a man sold a donkey, the trappings are not sold. Nahum of Madi dissents and declares that they are sold. Rabbi Judah states that one can determine if the trappings were sold by the circumstances and by the language used in the sale. If the donkey was standing in front of the seller with its trappings on it and the seller specified that he wants to buy this donkey, then he has bought the trappings as well. Since he saw the trappings we can assume that his intention was to buy them with the donkey. However, if he just tells him to sell “that donkey of yours” we cannot be sure that his intention was to buy the donkey standing in front of him. Since we cannot determine what he intended to buy or what the seller intended to sell, the trappings are not included in the sale.
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Bartenura on Mishnah Bava Batra
חמורך [הוא] – it is like he is asking him: “Is this your donkey? Sell it to me.” It is like he is selling a donkey, undefined, and the utensils are not sold, even if they are upon it at the time of the sale. But the Halakha is not according to Rabbi Yehuda.
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English Explanation of Mishnah Bava Batra
Questions for Further Thought: • How is Rabbi Judah’s opinion in this mishnah similar to his opinion in mishnah one?
