Torah Community Connections

Week 107 - Sunday - 9 December 2001

BAVA BATRA: CHAPTER 4: MISHNAH 5

One who sells an olive press has sold the sea and the pressing stone and the maidens. But he has not sold the pressing logs and the wheel and the beam. When he said to him: It and all that is within it - all of these are sold. R. Eliezer says: He who sells an olive press, sold the beam.

Kehati

This mishnah deals with what is included in the sale of an olive press.

One who sells an olive press - without specifying anything further, has sold the sea - this being a large storage vat for oil (Yad Ramah); others interpret this as referring to a large stone with a cavity in which the olives are placed, (Rambam; Bartenura), and the pressing stone - a large stone with a cavity in which a wooden handle is inserted, this is then used to crush the olives (Rashbam); and the maidens - Cedar posts used to support the beams in the olive press. As all the above are permanently installed, they are included in items included in the sale of an olive press (Rashbam) But he has not sold the pressing logs - Logs which are placed upon the crushed olives and upon which the heavy beam is then lowered so as to squeeze out the oil, and the wheel - The pulley wheel used to raise and lower the beam, and the beam - itself as the latter three items are all portable and are therefore not included in the sale.

When he - the seller - said to him - the buyer, It and all that is within it -that he is selling the olive press and all its contents, all of these are sold - all items used within the olive press are included in the sale.

R. Eliezer says: He who sells an olive press, sold the beam - Because that is the major item in pressing oil (Gemara; Rashbam). The halakhah does not follow R. Eliezer.

BAVA BATRA: CHAPTER 4: MISHNAH 6

One who sells a bathhouse, did not sell the boards, and the benches, and the curtains. When he said to him, It and all that is within it -all of these are sold. This way or that way, he has not sold either the water cisterns or the wood sheds.

Kehati

This mishnah describes what is included and what is not included in the sale of a bathhouse.

One who sells a bathhouse, did not sell the boards - placed on the ground so that people do not blister or dirty their feet (Rashbam; Hameiri); others interpret this to mean shelves upon which people place their clothes (Rambam; Bartenura), and the benches - upon which people sit in the bathhouse; another version of the text reads sapalim rather than safsalim, where this would then refer to cups used to carry the water with which one washes, and the curtains - Another interpretation is that this refers to towels (Rashbam); all the above, as portable objects, are not included in the sale of the bathhouse. When he - the seller - said to him - the buyer, It and all that is within it - that he is selling the bathhouse and all its contents, all of these are sold - the sale includes portable objects as well.

This way or that way - Even if the person sold the bathhouse with all its contents, he has not sold - as part of the bathhouse, either the water cisterns - used to supply the bathhouse, or the wood sheds - where wood used to heat the bathhouse is stored. The reason for this is that these - unlike the earlier items - are not used exclusively for a bathhouse (Rashbam). The Gemara quotes a baraita that if a person sold a bathhouse and everything used within it, that includes all its contents, including the water cisterns and the wood sheds.

Return to Mishna Yomit Index

Visit the Mishna Yomit Archives