פירוש על בבא בתרא 5:1

המוכר את הספינה – undefined.

Introduction Mishnah one deals with what is included in the sale of a boat, a wagon pulled by mules or oxen.

מכר את התורן – (see Talmud Bava Batra 73a) a tall [piece of] wood upon which they suspend the banner/flag. And the banner is a kind of curtain that they suspend on the mast towards the wind.

If a man sold a ship, he has also sold the mast, the sail, the anchor, and all the means of steering it. But he has not sold the slaves, the packing-bags, or the lading. But if he had said, “It and all that is in it”, all these are sold also. If a man sells a ship without specifying what is included in the sale, all of the fixed parts of the ship are included in the sale. However, the slaves and the bags used for packaging the merchandise on the ship are not included in the sale, unless he were to specify that they were. This law is similar to many of the laws we learned in the previous chapter.

עוגין – iron that they tie with rope and throw it into the depths of the water to detain and to anchor the ship.

If a man sold a wagon, he has not sold the mules, and if he sold the mules, he has not sold the wagon. If he sold the yoke, he has not sold the oxen, and if he sold the oxen, he has not sold the yoke. Rabbi Judah says: “The price tells all. How is this so? If one said to him, “Sell me your yoke for 200 zuz, it is known that no yoke costs 200 zuz.” But the sages say: “The price is not proof.” Even though a wagon is pulled by mules, if a man sold a wagon the mules are not automatically included in the sale. Likewise, if he sold the mules, he has not automatically sold the wagon. The same is true with regards to oxen and the yoke used to steer them. If a person sold one, he has not necessarily sold the other. Rabbi Judah disagrees and he thinks that the price should be able to determine what was included in the sale. If a person sold a yoke for an exorbitantly high price, it is patently obvious that the oxen were part of the sale. However, the sages do not believe that the price is proof. If a buyer pays a high amount for a yoke and then wishes to claim that he bought the oxen as well as the yoke he must bring proof.

מנהיגים – These are oars that through them they lead the ship to the place that they desire.

מרצופין – large sacks that they place goods into.

אנתיקי – [the funds and stores connected with the business – see Talmud Bava Batra 77b] the practical things that are within the ship, and all of these are considered here that are in the sale, he did not sell if he gave or dedicated the ship [to the Temple]. These are not included in the gift and the dedication to the Temple, and are not similar to a cistern or a subterranean masoned storeroom or a winepress [mentioned] in the chapter above (Chapter 4, Mishnah 2), for all of them are in land and are made void regarding a field regarding sanctification [to the Temple] and gifting. But these are not made void at all.

פרדות – [mules], animals that pull the wagon, but they are not attached to it (i.e., the wagon) at the time of the sale. But there are those who explain פרדות as wood that is separate from the wagon that on pulls the wagon with them, but they are not attached to the it at the time of the sale.

צמד – it is the yoke that they attach and tie [the] bulls together with.

אין הדמים ראיה – for that which he said that one-sixth [overcharge] he purchased [the object], and he (i.e., the seller) returns the overcharge; more than one-sixth, the purchase is void; these words are incidental that the mind errs as the purchaser thinks that it is worth such. And this is an errant purchase, but in order that the mind doesn’t error, such as the example that he purchased a yoke that was worth a Zuz for two hundred, we say that it was given to him as a gift, and there is no voiding of the transaction here. But the Halakha is not according to Rabbi Yehuda.