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Babylonian Talmud: Tractate Baba Bathra
The halachah follows the ruling of the Sages. R. Jeremiah b. Abba, however, said in the name of Samuel that the halachah follows the ruling of R. Akiba. Said R. Jeremiah b. Abba to R. Huna: Did I not frequently say in the presence of Rab that the halachah follows the ruling of R. Akiba, and he did not say a word to me? Said R. Huna to him: How did you report his ruling? — He said to him: I reported them [with the names] reversed.1 It is for that reason [said R. Huna] that he did not say anything to you.
Rabina said to R. Ashi: May we say that they [Rab and Samuel here] are in accord with their respective views [as expressed in the following passage]: R. Nahman said in the name of Samuel, If brothers divide an inheritance, neither has a right of way against the other nor the right of 'ladders', nor the right of 'windows', nor the right of 'watercourses', and take good note of these rulings, since they are definite.2 Rab, however, said that they have [these rights].3 [R. Ashi answered:] Both statements are necessary.4 For if I had only the latter, I would say that Rab's reason [for allowing the right of way] is because one brother can say to the other, I want to live on this land as my father lived: and in proof that this is a valid plea in the mouth of an heir, the Scripture says, In the place of thy fathers shall be thy sons.5 In the other case, however, I might think that Rab agrees with Samuel. If again I had only the former statement, I might think that only in that case did Samuel say [that the vendor interprets the terms of sale liberally], but here he agrees with Rab. Hence both statements are necessary.
R. Nahman said to R. Huna: Does the law follow our6 opinion or yours? — He replied: The law follows your view, since you have continual access to the gate of the Exilarch, where the judges are in session.7
It has been stated: If there are two apartments one within the other, and both are sold or given away [at the same time to two different persons], they have no right of way against one another.8 Still less have they if the outer one is given and the inner one is sold.9 If the outer one is sold and the inner one given, [the students] wanted to infer from this that there is no right of way from one to the other,10 but this is not correct. For have we not learnt:11 'This12 applies only to a sale, but if the owner makes a gift, he includes all these things'? This shows that a donor is presumed to make a gift in a liberal spirit.13 So here, the donor gives in a liberal spirit.14
MISHNAH. IF A MAN SELLS A HOUSE, HE [IPSO FACTO] SELLS [WITH IT] THE DOOR, BUT NOT THE KEY;15 HE SELLS [WITH IT] A MORTAR16 FIXED [IN THE GROUND] BUT NOT A MOVABLE ONE; HE SELLS [WITH IT] THE CASING OF A HANDMILL BUT NOT THE SIEVE,17 AND NOT A STOVE OR AN OVEN.18 IF HE SAYS TO THE PURCHASER, [I SELL] THE HOUSE AND ALL ITS CONTENTS,
Baba Bathra 65b
ALL THESE THINGS ARE INCLUDED IN THE SALE.1
GEMARA. Are we to say that the Mishnah is not in agreement with R. Meir, for if it were according to R. Meir, surely he has laid down that 'if a man sells a vineyard, he [automatically] sells with it the implements of the vineyard'?2 — You may in fact say that it concurs with R. Meir, for there he was speaking of things which are part and parcel of the vineyard,3 but here [the Mishnah speaks of] things which are not part and parcel of the house. But does not the Mishnah mention a key side by side with a door, [as much as to say], Just as a door is part and parcel of a house, so a key is part and parcel of the house4 [and yet it is not sold with the house]?5 — The more tenable opinion therefore is that the Mishnah does not agree with R. Meir.
Our Rabbis taught: If a man sells a house, he ipso facto sells the door, the cross-bar, and the lock, but not the key; the mortar that has been hollowed [out of stone], but not one that has been fixed; the casing of the handmill but not the sieve; and not the oven, the stove, or the handmill. R. Eliezer, however, says that everything attached to the ground6 is in the same category as the ground. If the vendor uses the formula, 'the house and all its contents', all these things are sold with. In either case, however, he does not sell the well, the cistern, or the verandah.
Our Rabbis taught: 'If a man hollows out a pipe and then fixes it, water from it makes a mikweh7 unfit for use. If, however, he first fixes it and then hollows it, it does not render the mikweh unfit for use.'8 To whom [are we to ascribe this dictum]? For it cannot be either R. Eliezer or the Rabbis! — Which [statement of] R. Eliezer [have you in mind]?9 Shall I say, the one about the house?10 possibly the reason [why he says there that fixtures are in the same category as the ground] is because he holds that the vendor interprets the terms of sale liberally, whereas the Rabbis hold that he interprets them strictly.11 Is it then the statement about the beehive, as we have learnt: 'R. Eliezer says that a beehive12 is on the same footing as the soil; it may serve as a surety for a prosbul,13
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