Chi vende un asino ha venduto il suo puledro. [la Gemara interpreta questo come un esempio del proprio detto: "Ti sto vendendo un asino infermieristico." A che serve il latte di un asino? Deve quindi essere il suo intento e il suo puledro.] Se ha venduto una mucca, non ha venduto il suo vitello. [Questo, quando dice: "Ti sto vendendo una mucca da latte". Per una mucca sta (per essere venduto) per il suo latte, e questo era il suo intento: "una mucca per il suo latte".] Se uno vendeva ashpah [un posto alto tre o più soffioni o tre o più soffi profondi, usato come un deposito di sterco], ha venduto il suo letame [cioè i suoi animali]. Se ha venduto un bor (vedi 2: 1), ha venduto la sua acqua. [Questa è un'opinione individuale, con la quale i saggi differiscono. L'halachah è conforme ai saggi.] Se ha venduto un alveare, ha venduto le api. Se ha venduto una colombaia, ha venduto le colombe. Chi acquista i "frutti" della colombaia [i principianti di tutto l'anno] dal suo vicino "insegue" il primo (breichah) (covata) [e li lascia al venditore. Ogni due nascite si chiama "breichah". Vengono lasciati con la madre in modo che (le madri) non volino via.] (Uno che compra) i "frutti" di un alveare [le api nate nell'alveare durante quell'anno] prendono tre sciami, [i primi tre in partenza l'alveare e li mette nel suo alveare. Perché i primi sono i migliori e la qualità diminuisce progressivamente.] E [dopo quello] si alterna. [Cioè, ne prende uno (sciame) e ne lascia uno al venditore per crescere e combinarsi con l'ospite per popolare l'alveare; e così, in successione.] (Uno che compra) i favi lascia due [per il nutrimento delle api nella stagione delle piogge.] (Uno che compra) gli ulivi per tagliare lascia due germogli [che vengono poi ripiantati. ]
Bartenura on Mishnah Bava Batra
המוכר את החמור מכר את הסייח – the offspring of the donkey and in the Gemara (Talmud Bava Batra 78b) it establishes that he (i.e., the seller) said to him (i.e., the purchaser): This nursing donkey I am selling [to you],” for the milk of the she-ass, of what benefit Is it? But absolutely, she and her offspring are spoken of to him. And the concluding part [of our Mishnah] where he stated: “I am selling to you a nursing cow.” He did not acquire her offspring, for a cow exists for its milk, and he mentioned to him: “a cow for its milk.”
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English Explanation of Mishnah Bava Batra
Introduction Mishnah three deals with what is included in the sale of various items such as donkeys, cows, and beehives. Mishnah four deals with the a person who buys trees in another person's field and whether or not the buyer has acquired the land on which the trees grow.
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Bartenura on Mishnah Bava Batra
מכר אשפה – a tall place of three handbreadths or more, or three [handbreadths] deep or more, for it is normal to place there the manure of his cattle.
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English Explanation of Mishnah Bava Batra
If a man sold a donkey he has sold its foal. If a man sold a cow he has not sold its calf. The question in this section is whether or not a person has sold the young child of a mother animal, when he has sold the mother. According to the mishnah when he sells a donkey he has sold the foal but when he sells a cow he has not sold the calf. The Talmud explains that the mishnah is dealing with a case where the seller says that he is selling a nursing donkey or cow. Since people do not use donkeys for milk, it can be assumed that when he said nursing donkey he intended to sell the donkey and its young, who may be nursing from its mother. However, since people do use cows for milk, it may be that he was selling the cow on its own, without the young, and the reason why he called it a nursing cow was to let the buyer know that this cow produces milk.
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Bartenura on Mishnah Bava Batra
מכר בור מכר מימיו – Our Mishnah is the opinion of a single authority, but the Rabbis dispute it and state that if one sold a cistern, one did not sell its water, and the Halakha is according to the Sages.
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English Explanation of Mishnah Bava Batra
If he sold a dungheap, he has sold the dung on it. If he sold a cistern, he has sold the water in it. If he sold a bee-hive he has sold the bees. If he sold a dovecote he has sold the pigeons. In this section four things are listed, which if the outer container is sold, the contents are sold with it. Since the sole purpose of the container is to hold the contents, we can assume that when the sale was made, the intent of both the buyer and the seller was to include the contents.
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Bartenura on Mishnah Bava Batra
הלוקח פירות שובך – what the doves gave birth to all year.
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English Explanation of Mishnah Bava Batra
If a man bought the fruit of a dovecote from his fellow he must let go the first pair that are hatched. [If he bought], the fruit of a beehive he may take three swarms and then [the seller] may make the rest sterile. If a person buys the young pigeons that will be born in a dovecote (where pigeons are raised), then he return to the seller the first pair that are born. This is in order for the parents, who are still owned by the seller, to have a pair of young to take care of, so that the parents won't fly away. If one buys the bees that will be born in a beehive, he may take three swarms. After taking the three swarms, the seller may cause the bees to be sterile so that their energy will be devoted to making honey and not to making young. Alternatively, the last phrase of this section of the mishnah may state that after taking the first three swarms, the buyer takes alternative swarms. The lack of clarity in the mishnah is due to the dual meaning of the Hebrew word.
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Bartenura on Mishnah Bava Batra
מפריח – the purchaser [must let the first brood fly away].
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English Explanation of Mishnah Bava Batra
[If he bought] honeycombs he must leave two honeycombs. [If he bought] olive trees to cut down the branches, he must leave two shoots. When a person buys honeycombs from another persons beehive, he must leave at least two honeycombs behind, in order to feed the bees that are left. Similarly, when a person buys an olive tree with the intent to cut down the branches he must leave two branches so the tree can regenerate.
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Bartenura on Mishnah Bava Batra
בריכה ראשונה – and leave it for the seller and every two offspring are called a בריכה/brood and he leaves them with its mother in order to be in the company of their mother so that they don’t fly away.
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Bartenura on Mishnah Bava Batra
פירות כוורת – bees that are born from this beehive this year. The purchaser takes three swarms, three groups from the bees born that first go out from the beehive and brings them into his own beehive. The first ones are important/valuable, whereas the last of the last is the worst. From there, he (i.e., the owner) makes the bees impotent, meaning to say, he takes one, and leaves one for the seller in order that they can grow and become attached with the parents so that the beehive will be refreshed and similarly forever.
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Bartenura on Mishnah Bava Batra
חלות דבש – the honey with the wax together are combined to make honeycombs.
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Bartenura on Mishnah Bava Batra
מניח שתי חלות – that the bees are supported from them all the rainy days.
