Bava Batra 69a:1בבא בתרא ס״ט א:א
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69aס״ט א

גמ׳ מאי אבנים שהן לצרכה הכא תרגימו אבני דאכפא עולא אמר אבנים הסדורות לגדר והא תני ר' חייא אבנים צבורות לגדר תני סדורות

GEMARA: The mishna teaches that one who sells a field has sold the stones in the field that are for its use. The Gemara clarifies: What is meant by stones that are for its use? Here in Babylonia they interpreted it as follows: Stones placed on the sheaves in the field to protect them from being scattered by the wind. Ulla says: The mishna is referring to stones that are arranged for the future building of a fence for the field. The Gemara asks: But didn’t Rabbi Ḥiyya teach in a baraita that they are stones that are piled up for the future building of a fence, and not necessarily arranged? The Gemara answers: Teach that Rabbi Ḥiyya said: They are stones that are arranged for the future building of a fence.

הכא תרגימו אבני דאכפא לר"מ דמתקנן אע"ג דלא מחתן לרבנן הוא דמחתן

The Gemara elaborates on the two explanations: It was stated that here in Babylonia they interpreted the mishna as referring to stones that are placed on the sheaves. According to Rabbi Meir this should be understood as referring to stones that are ready to be used to protect the sheaves, even though they are not yet placed on them. This is in keeping with Rabbi Meir’s opinion that whenever a place is sold, all the accompaniments that are necessary for its proper utilization are included in the sale (see 78b). According to the Rabbis, the mishna is referring specifically to stones that are already placed on the sheaves.

ולעולא דאמר אבנים הסדורות לגדר לר"מ דמתקנן אע"ג דלא סדרן לרבנן הוא דסדרן:

And according to Ulla, who says that the mishna is referring to stones that are arranged for the future building of a fence for the field, according to Rabbi Meir, stones that are ready to be used for building a fence are also included in the sale, even though they are not yet arranged for that purpose. According to the Rabbis, the mishna is referring specifically to stones that are already arranged for building a fence.

ואת הקנים שבכרם שהן לצרכו: קנים מאי עבידתייהו אמרי דבי רבי ינאי קנים המחולקין שמעמידים תחת הגפנים לר"מ דמשפיין אע"ג דלא מוקמן לרבנן הוא דמוקמן:

The Gemara continues with its clarification of the mishna, which teaches that one who sells a field has also sold the reeds in the vineyard that are for its use. The Gemara asks: With regard to the reeds, what is their purpose in the vineyard? The Sages of the school of Rabbi Yannai said: These are reeds that are split on top and placed under the vines so that the boughs of the vines can rest on them. According to Rabbi Meir, this is referring to reeds that have been smoothed and made ready for this purpose, even though they are not yet set in their place. According to the Rabbis, the mishna refers specifically to reeds that are already set in their place.

ואת התבואה המחוברת לקרקע וכו': ואע"ג דמטאי למיחצד: ואת חיצת הקנים שפחותה מבית רובע: ואע"ג דאלימי:

The Gemara continues expounding the mishna, which includes among the components that are sold with a field the produce that is still attached to the ground. The Gemara comments: Even though the time has already come for the produce to be cut down, it is included in the sale since it is still attached to the ground. The mishna also includes among the things that are sold with a field the cluster of reeds that occupy less than a beit rova. The Gemara notes: Even though these reeds are thick, they are still classified as part of the field.

ואת השומירה שאינה עשויה בטיט: אע"ג דלא קביעא בארעא: ואת החרוב שאינו מורכב ואת בתולת השקמה: אע"ג דאלימי:

The mishna teaches that one who sells a field sells with it the watch station that is not plastered with clay. The Gemara comments: Even though it is not fixed in the ground and can still be moved, since it is not plastered, it is not significant enough to be considered an independent entity, and it is considered part of the field. The mishna also includes the following among the components that are sold with a field: And the carob tree that has not been grafted, and the untrimmed sycamore. The Gemara notes: Even though they are big and thick, since they have not yet reached the stage of grafting, in the case of the carob, or trimming, in the case of the sycamore, they are considered part of the field.

אבל לא מכר את האבנים שאינן לצרכה: לר"מ דלא מתקנן לרבנן דלא מחתן

The Gemara proceeds to explain the second half of the mishna, which teaches: But he has not sold along with the field the stones that are not designated for use in the field. On the assumption that the mishna speaks of stones that are placed on the sheaves to prevent them from being scattered, according to Rabbi Meir, the mishna is referring to stones that are not ready to be used for this purpose, whereas according to the Rabbis, even if the stones are ready to be used to protect the sheaves, they are not included in the sale if they are not yet placed on them.

ולעולא דאמר אבנים הסדורות לגדר לר' מאיר דלא מתקנן לרבנן דלא סדרן:

And according to Ulla, who says that the mishna is referring to stones that are arranged for the future building of a fence for the field, according to Rabbi Meir, this clause addresses a case where the stones were not ready to be used for this purpose, whereas according to the Rabbis, it addresses a case where the stones were not yet arranged for building a fence, even though they were ready to be used for that purpose.

ולא את הקנים שבכרם שאינן לצרכו: לר' מאיר דלא משפיין לרבנן דלא מוקמן: ולא את התבואה התלושה מן הקרקע: ואע"ג דצריכא לארעא:

The mishna teaches that one who sells a field has not sold the reeds in the vineyard that are not designated for its use. The Gemara explains: According to Rabbi Meir, this is referring to a case where the reeds are not smoothed, whereas according to the Rabbis, the reference is to reeds that are not yet set in their place, even if they are smoothed. The mishna further teaches: One who sells a field has also not sold the produce that is detached from the ground. The Gemara comments: The produce is not included in the sale even though it still requires the ground, that is, it needs to be left in the field in order to dry out completely.

ולא את חיצת הקנים שהיא בית רובע: ואע"ג דקטיני א"ר חייא בר אבא א"ר יוחנן לא חיצת הקנים בלבד אלא אפילו ערוגה קטנה של בשמים ויש לה שם בפני עצמה אינה נמכרת עמה אמר רב פפא והוא דקרו לה וורדא דפלניא:

The mishna teaches that one who sells a field has not sold the cluster of reeds that occupy a beit rova. The Gemara comments: And this is so even though they are thin, as since they occupy the area of a beit rova they are considered a separate entity and are not part of the field. Concerning this ruling, Rabbi Ḥiyya bar Abba says that Rabbi Yoḥanan says: It is not only a cluster of reeds that is considered a separate entity, and therefore not included in the sale; rather, even a small garden bed of spices that does not occupy the area of a beit rova but has a distinct name is not sold along with the field. Rav Pappa said: What this means is that people call it the roses [vardda] of so-and-so, thereby establishing for it a name of its own.

ולא השומירה העשויה בטיט: ואע"ג דמחברא בארעא: (ולא את חרוב המורכב ולא סדן השקמה: ואע"ג דקטיני:)

The mishna teaches that the sale does not include the watch station that is plastered with clay. The Gemara comments: And this is the halakha even though it is attached to the ground, as it is still considered a separate entity and not part of the field. The mishna teaches: He has also not sold the carob tree that has been grafted, and he has not sold the sycamore trunk. The Gemara notes: Even though they are small, they are considered their own entity.

בעי רבי אלעזר מלבנות של פתחים מהו היכא דמחברי בטינא לא תיבעי לך דהא מחבר כי תיבעי לך דנקיטי בסיכי מאי תיקו

Apropos the discussion of a watch station that is attached to the ground, the Gemara cites a discussion about the sale of a house: Rabbi Elazar raised the dilemma: With regard to wooden door frames, what is the halakha? Are they sold together with the house, or not? The Gemara explains the question: Do not raise the dilemma in a case where the frames are attached to the house with clay, as they are certainly attached to the house and sold along with it. When you can raise this dilemma is where they are connected only with small wooden pegs. What is the ruling in that case? No resolution was found for this question, and so the dilemma shall stand [teiku] unresolved.

בעי רבי זירא מלבנות של חלונות מהו מי אמרינן לנוי בעלמא הוא דעבידי או דלמא כיון דמחברי מחברי תיקו

Rabbi Zeira raises a similar dilemma about what is included in the sale of a house: With regard to window frames, what is the halakha? Are they sold together with the house, or not? Do we say that they serve merely as an ornament, and are not included in the sale, and the seller can remove them from the house and keep them for himself? Or perhaps, since they are attached to the window, they are attached. The dilemma shall stand unresolved.

בעי רבי ירמיה מלבנות של כרעי המטה מהו כל היכא דמיטלטלי בהדה לא תיבעי לך דהא מיטלטלי כי תיבעי לך היכא דלא מיטלטלי מאי תיקו:

And similarly, Rabbi Yirmeya raised a dilemma: With regard to stands for the legs of a bed that are placed under the legs to prevent them from being damaged by moisture, what is the halakha? The Gemara explains the question: Do not raise the dilemma wherever the stands move along with the bed, as they move along with it and are therefore not considered part of the house. Where you can raise this dilemma is where they do not move along with the bed. What is the ruling in that case? No resolution was found for this question either, and therefore the dilemma shall stand unresolved.

ולא את חרוב המורכב ולא סדן השקמה וכו':

The mishna teaches: One who sells a field has not sold the carob tree that has been grafted, and he has not sold the sycamore trunk.