תלמוד על בבא בתרא 4:12

¹¹¹In a slightly different formulation, this paragraph is also in Baba batra 4:2. Rebbi Jeremiah said, both Admon and Rebbi Aqiba said the same thing, as we have stated there¹¹²Mishnah Baba batra 4:2. The Mishnah belongs to a series of statements about commercial contracts. If somebody sold cisterns in his backyard to a third party, R. Aqiba holds that nobody buys anything which he cannot use; therefore, it is understood that the seller, by offering the cisterns for sale, did also offer access to them. But the Sages hold that people also buy real estate for speculation and, therefore, the sale covers only what is explicitly stated in the sales contract and nothing more.: “If he sold them to another person, Rebbi Aqiba said, he does not have to buy access, but the Sages say, he has to buy access.” He had not heard that Rebbi Hila said, Rebbi Yasa in the name of Rebbi Joḥanan: They disagree when nothing was mentioned¹¹³The sales contract does not mention access.. Where do we hold? If it is obvious that access was included¹¹⁴If the right of access to the property was mentioned in the contract., everybody agrees that he does not have to pay for access. If it is obvious that access was not included¹¹⁵It is not necessary that access was excluded, it suffices if the contract states that only cisterns are sold., everybody agrees that he has to pay for access. But we must hold that nothing was mentioned. Then Rebbi Aqiba said, he does not have to buy access, but the rabbis say, he has to buy access. But in the case here, even while it is clear that he had access, everybody¹¹⁶This is not everybody; everybody except Admon. The question in Ketubot is not one of interpretation of commercial contracts but of enforcing a claim if it is not known against whom the claim could be enforced. agrees that he has to pay for access.