הַמּוֹכֵר אֶת הַבַּיִת לֹא מָכַר יָצִיעַ וְאַף עַל פִּי שֶׁהִיא פְּתוּחָה לְתוֹכוֹ וְלֹא אֶת הַחֶדֶר שֶׁלְּפָנִים הֵימֶנּוּ וְלֹא אֶת הַגָּג בִּזְמַן שֶׁיֵּשׁ לוֹ מַעֲקֶה גָּבוֹהַּ עֲשָׂרָה טְפָחִים רַבִּי יְהוּדָה אוֹמֵר אִם יֵשׁ לוֹ צוּרַת פֶּתַח אַף עַל פִּי שֶׁאֵינוֹ גָּבוֹהַּ עֲשָׂרָה טְפָחִים אֵינוֹ מָכוּר: MISHNA: One who sells a house without specifying what is included in the sale has not sold the gallery, an extension built above or alongside the main building, and this is so even if the gallery is attached to the house and opens into it. Nor has he sold the room behind the house, even if it is accessible only from inside the house. He has also not sold the roof when it has a parapet ten handbreadths high, as such a roof is considered a separate entity and is therefore not included in the sale of the house. Rabbi Yehuda says: If the parapet has the form of a doorway, that is, if it consists of two upright posts with a beam crossing over them, then even if the parapet is not ten handbreadths high, the roof is not sold together with the house, unless it is specifically included in the sale.
גְּמָ׳ מַאי יָצִיעַ הָכָא תַּרְגִּימוּ אַפְּתָא רַב יוֹסֵף אָמַר בַּדְקָא חֲלִילָה לְמַאן דְּאָמַר אַפְּתָא לָא מִזְדַּבְּנָא כׇּל שֶׁכֵּן בַּדְקָא חֲלִילָה לָא מִזְדַּבְּנָא לְמַאן דְּאָמַר בַּדְקָא חֲלִילָה אֲבָל אַפְּתָא מִזְדַּבְּנָא GEMARA: What is a gallery? Here in Babylonia they interpreted this as referring to an attic [apta]. Rav Yosef said: It means a windowed structure [bidka ḥalila] attached to the main building. The Gemara notes that according to the one who says that an attic is not sold together with a house, all the more so is a windowed structure attached to the house not sold together with a house, as it is certainly considered a separate entity and not part of the main building. But according to the one who says that a gallery is a windowed structure attached to the house, it is only such a structure that is not included in the sale of the house, but an attic is sold together with a house.
תָּאנֵי רַב יוֹסֵף שָׁלֹשׁ שֵׁמוֹת יֵשׁ לוֹ יָצִיעַ צֵלָע תָּא יָצִיעַ דִּכְתִיב הַיָּצִיעַ הַתַּחְתֹּנָה חָמֵשׁ בָּאַמָּה רׇחְבָּהּ צֵלָע דִּכְתִיב וְהַצְּלָעוֹת צֵלָע אֶל צֵלָע שָׁלֹשׁ וּשְׁלֹשִׁים פְּעָמִים תָּא דִּכְתִיב וְהַתָּא קָנֶה אֶחָד אֹרֶךְ וְקָנֶה אֶחָד רֹחַב וּבֵין הַתָּאִים חָמֵשׁ אַמּוֹת וְאִי בָּעֵית אֵימָא מֵהָכָא כּוֹתֶל הַהֵיכָל שֵׁשׁ וְהַתָּא שֵׁשׁ כּוֹתֶל הַתָּא חָמֵשׁ Rav Yosef taught: A small structure attached to a building has three names in the Bible: Gallery [yatzia], side chamber [tzela], and cell [ta]. Such a structure is called a gallery, as it is written: “The bottommost gallery [hayyatzia] was five cubits wide” (I Kings 6:6). It is also called a side chamber, as it is written: “And the side chambers [vehatzelaot] were one over another, thirty-three times” (Ezekiel 41:6). Additionally, it is called a cell, as it is written: “And the cell [vehata] was one reed long, and one reed wide; and the space between the cells was five cubits” (Ezekiel 40:7). And if you wish, say instead that it can be seen that a small structure attached to a building is called a cell from here, as was taught in the mishna (Middot 4:7): The wall of the Sanctuary was six cubits wide, and the cell [vehata] in back of it was six cubits wide, and the wall of the cell was five cubits wide.
אָמַר מָר זוּטְרָא וְהוּא דְּהָוֵי אַרְבַּע אַמּוֹת § Relating to the mishna’s statement that a gallery is not included in the sale of a house, Mar Zutra said: And that is the halakha only when the gallery has an area of at least four by four cubits.
אֲמַר לֵיהּ רָבִינָא לְמָר זוּטְרָא לְדִידָךְ דְּאָמְרַתְּ עַד דְּהָוֵי אַרְבַּע אַמּוֹת אֶלָּא מֵעַתָּה גַּבֵּי בוֹר דִּתְנַן לֹא אֶת הַבּוֹר וְלֹא אֶת הַדּוּת אַף עַל פִּי שֶׁכָּתַב לוֹ עוּמְקָא וְרוּמָא הָכִי נָמֵי אִי הָווּ אַרְבַּע אַמּוֹת אִין אִי לָא לָא Ravina said to Mar Zutra: According to your opinion, that you say a gallery is not excluded from the sale of a house unless it is at least four by four cubits in size, there is a difficulty. As if that is so, then with regard to the exclusion of a pit or a cistern from the sale of a house, about which we learned in a mishna (64a): One who sells a house has sold neither the pit nor the cistern, even if he writes for the buyer in the bill of sale that he is selling him the depth and the height of the house; so too, should we say that only if they have an area of at least four by four cubits, yes, they are excluded from the sale of the house, but if not, no, they are not excluded? This is difficult, as a pit is not four cubits wide, and consequently, it would never be excluded.
הָכִי הַשְׁתָּא הָתָם הָא תַּשְׁמִישְׁתָּא לְחוּד וְהָא תַּשְׁמִישְׁתָּא לְחוּד הָכָא אִידֵּי וְאִידֵּי חֲדָא תַּשְׁמִישְׁתָּא הִיא אִי הָוֵי אַרְבַּע אַמּוֹת חֲשִׁיב וְאִי לָא לָא חֲשִׁיב: Mar Zutra responded: How can these cases be compared? There, in that mishna, this, the excavations, have a discrete use, to store water, and they cannot possibly be used as living quarters, and that, the house, has a discrete use, to serve as living quarters, and so they are considered separate entities even if the excavation is not four cubits wide. But here, in the case of a gallery, both this, the gallery, and that, the house, have the same use, and so if the gallery is at least four by four cubits it is deemed significant and considered a separate entity, but if it is not four by four cubits, it is not deemed significant in its own right, but simply another part of the house.
וְלֹא אֶת הַחֶדֶר שֶׁלִּפְנִים הֵימֶנּוּ הַשְׁתָּא יָצִיעַ לָא מִיזְדַּבַּן חֲדַר מִיבַּעְיָא The mishna teaches that one who sells a house without specifying what is included in the sale has not sold the gallery, nor has he sold the room behind the house, even if it is accessible only from it. The Gemara asks: Now that the mishna taught that a gallery is not sold along with the house, is it necessary to teach that a room behind the house is not included in such a sale?