Bava Batra 78b — the Talmud in English

And we reject this:

not

as you say, rather

Rabbi Judah, ![](pamud.bmp "

precise page location")

is stating another matter.

That is to say, the Sages and Nahum the Mede disagreed when they are no longer upon it. And it follows that when they are upon it, everyone agrees that he sold all of them. And Rabbi Judah came to disagree with the implication of their words, and to say: sometimes they are not sold even when they are still upon it.

Ravina said to Rav Ashi: ta shma from the Mishna concerning the wagon and the mules, about which the Sages and Nahum the Mede disagreed when they are no longer upon it:

For we learned [67b]:

The one who sells the wagon—

he does not sell the mules.

And Rav Tahlifa bar Ma'arava taught

before Rabbi Abahu

a beraita:

The one who sells the wagon—

he sells the mules.

And he said to him,

Rabbi Abahu:

But we

learned, “The one who sells the wagon”—

he does not sell

the mules—

in the Mishna,

and how did you teach us a beraita that maintains that the one who sells the wagon sells the mules!?

And he said,

he asked,

to him,

Rav Tahlifa said to Rabbi Abahu: “Should I perhaps

remove it”,

that is, should I remove and discard this beraita, since it is corrupted, for its words contradict the words of the Mishna?

And he said to him,

Rabbi Abahu:

No,

do not remove and discard the beraita, but

interpret

and establish

your teaching—

your beraita—

with

mules that are

attached to it,

to the wagon.

It follows—

it is implied—

that the Mishna,

which says, “The one who sells the wagon does not sell the mules,” speaks

when they are not attached to it.

And since its beginning,

if the beginning speaks

when they are no longer upon it,

presumably

its conclusion also

speaks

when they are no longer upon it.

And we reject this:

on the contrary,

if, as you say, one may prove from one clause in the Mishna concerning another clause, then

say about the beginning,

that one should prove from the first Mishna in the chapter that the Mishna speaks when they are still upon it:

For we learned [73a]: “The one who sells the ship sells the mast, the sail, the anchors, and all that guides it,

but he does not sell the slaves

or the sacks

or the merchandise.”

And we said [above 77b]:

“

What is merchandise?”

And he

said,

he explained,

Rav Pappa: the merchandise inside it,

the merchandise inside the ship is called “merchandise,” but merchandise that is still outside the ship is not called “merchandise.”

And since its beginning,

if the beginning speaks

when they are still upon it,

then according to your words

its conclusion also speaks when they are still upon it.

And it is certainly impossible to say this, for the clause concerning the wagon and the mules speaks when they are no longer upon it.

Rather,

necessarily: one cannot learn from one clause in the Mishna to its fellow clause, because

the tanna

of the Mishna

teaches matters separately,

each halakha standing on its own: one when they are still upon it, and one when they are no longer upon it.

And there is no reason to wonder at this, for everything follows the usual practice of the world: there is something that is included with its fellow when it is upon it, and there is something that is not included with it even when it is upon it. And there is something for which specifically when it is upon it they are related to one another.

Mnemonic: Zagam Nesan

Abaye said: Rabbi Eliezer

and Rabban Shimon ben Gamliel and Rabbi Meir and Rabbi Natan and Sumkhus and Nahum the Mede—all maintain:

when a person sells something,

he sells it and all its implements.

[Note: source segment A0117 is rendered above together with its continuation.]

The six tannaim whom Abaye mentioned disagreed with the Sages, and all of them add to the words of the Sages, maintaining that when a person sells an object, his intention is to sell the object and all its implements.

Indeed, each and every one of the tannaim does not necessarily maintain that all the implements of the object are included in the sale , and it is possible that some of them are not included; nevertheless, all of them add to the words of the Sages and increase the acquisition of the implements of the objects being sold.

And these are the words of the tannaim:

1.

Rabbi Eliezer: for we learned [above 67b]: “The one who sells the oil press sells the vat, the press-board, and the upright posts, but he does not sell the beams, the wheel, or the beam.”

above, 67b: One who sells an olive press sells the vat, the press beam, and the upright posts, but he does not sell the millstones, the wheel, or the beam.

Rabbi Eliezer says: The one who sells the oil press sells the beam.

The Sages maintain: He sells only things fixed in the oil press, but not the movable things among them,

and Rabbi Eliezer maintains: even the beam is included in the sale, since it is the principal part of the oil press.

2.

Rabban Shimon ben Gamliel: for we learned [above 68a]: “The one who sells the city sells houses, cisterns, ditches and caves, bathhouses, dovecotes, oil presses, and irrigated fields, but not the movable property.”

above, 68a: One who sells a city sells houses, cisterns, ditches, caves, bathhouses, dovecotes, olive presses, and irrigated fields, but not the movable property.

Rabban Shimon ben Gamliel says: The one who sells the city—

he sells the santar.

3.

Rabbi Meir: for it was taught: Rabbi Meir says: The one who sells the vineyard—

he sells

the

implements of the vineyard.

And the Sages disagree with Rabbi Meir and maintain that some of the implements of the vineyard are not sold with it.

4–5.

Rabbi Natan and Sumkhus:

for it was taught [above 73a]: “The one who sells the ship sells the ladder and the cistern of water inside it.”

Rabbi Natan says: The one who sells the ship sells the

small boat.

And

Sumkhus says: The one who sells the ship sells the

skiff.

And Rava said: “Small boat” means “skiff,” and each one called it according to the custom of his place.

But according to the Sages, the one who sells the ship does not sell the small boat or the skiff.

6.

Nahum the Mede: this is what we said,

what we learned in our Mishna, that the Sages and Nahum the Mede disagreed whether the one who sells the donkey sells its implements or not,

We learned in the Mishna:

Rabbi Judah says: sometimes they are sold,

sometimes they are not sold. How so? If the donkey was before him and its implements were upon it, and he said to him, “Sell me this donkey”—its implements are sold. “Is it your donkey?”—its implements are not sold.

And the Gemara asks:

What is different about “your donkey, this one,” and what is different about “is it your donkey?”

He said,

he explained,

Rava:

when he said to him

“your donkey, this one,”

the buyer certainly

knew

that the

donkey belonging to him,

the seller,

was.

For he could have said, “Sell me your donkey,” when there were not two donkeys before him.

And

if so,

this that he said to him,

“your donkey,”

this one,

certainly

he said it because of its implements, meaning, this donkey as it is.

But when he said to him, “

Is it your donkey!?”

that is an expression of a question,

for he did not know

that the

donkey belonging to him,

the seller,

was.

that it was.

And what he said to him, “Is it your donkey?” was not intended to say: “This donkey as it is,” but

this is what he said to him:

this is what he said to him:

“Is this donkey

your donkey, which you will sell to me?”

Therefore he did not sell the donkey together with its implements, because Rabbi Judah maintains that one who sells a donkey without specification does not sell its implements, even when they are upon it.

Mishna:

A person

who sells the donkey sells

with it

the

colt,

the foal,

but if he

sells the cow, he does not sell

with it

its calf,

and the Gemara explains what is different about a cow from a donkey.

A person who

sells to his fellow

a

refuse heap,

a place where he regularly puts the dung of his animals, even if he sold him the refuse heap without specification, and did not say to him, “I am selling you the refuse heap together with the dung in it”—

he sells

with it its

dung,

the dung that is found inside it at the time of the sale.

And likewise, a person who

sells to his fellow

a

cistern

of collected water , presumably,

he sells with the cistern

its

water.

Similarly, a person who

And likewise, a person who

sells to his fellow

a

beehive,

presumably,

he sells with it the

bees

inside it.

inside it.

And likewise, a person who

sells to his fellow

a

dovecote,

presumably,

he sells with it the

doves

inside it.

doves

Gemara:

We learned in the Mishna: The one who sells the donkey sells the foal; the one who sells the cow does not sell its calf.

And we wonder: What is different about a donkey and its foal, and what is different about a cow and its calf!?

What are the circumstances? In any event, the difficulty arises:

If

if

it is speaking in a case such as

the seller said to him, the buyer, explicitly:

the buyer:

“I am selling you her and her offspring,” then it is obvious that

even a cow and its calf as well

even a cow and its offspring also

are sold.

And

if

it is speaking in a case such as

he did not say to him, “Her and her offspring”, “I am selling you,” and the tanna of the Mishna maintains that the offspring is not sold as part of the mother, since they are separate entities, and it is possible for the offspring to exist without its mother, then

even

even

with a

donkey as well, it is not

sold, the foal with its mother [all the more so, it should not be sold with its father]!?

He said,

he explained,

Rav Pappa: Whether one sells a cow or whether one sells a donkey, presumably he does not sell its offspring with it.

said to him,

And what are the circumstances here? For example,

the seller said to him,

the buyer:

“I am selling you a nursing donkey,”

and

“I am selling you a nursing cow.”

Therefore, the one who sells the cow does not sell its offspring with it, whereas the one who sells the donkey sells its offspring with it.

For

granted, when he sold the

it is possible to say

cow and said to him, “I am selling you a nursing cow,”

he wants it for its milk

it can be said:

He did not intend to sell its offspring, but

he needs it for its milk,

the seller wants a milk-producing cow, and therefore he said to him “nursing cow,” so that he would not give him a cow that does not give milk; and if he gave him a cow that does not produce milk, this is a mistaken transaction.

But when he sold the

what did he mean by saying to him

donkey and said to him, “I am selling you a nursing donkey,” certainly they did not intend its milk, for it is forbidden to drink it. If so,

Infer from this: “Her”—

what is he saying to him: “A nursing donkey”?

and her offspring

Conclude from this: “Her”,

the donkey,

and her offspring

I am selling you,

he is saying to him.

Therefore we learned: One who sells a donkey—the donkey is nursing—has sold the nursing foal that nurses from it and is bound after it,

but if he sold a cow—the cow is nursing—he has not sold its offspring.

And

the Gemara explains:

Why did it call

the offspring of the donkey

a foal?

Because such is the nature of the offspring of a donkey,

that

it

walks

and comes

after pleasant speech

([speech])

pleasant,

that is, when it is called calmly and with mere allusion, it goes to the place that the person desires, but an old donkey needs to be struck in order to direct it onto the proper road. And since the nature of the foal—to go after pleasant speech—was mentioned, the Gemara brought the exposition of Rabbi Shmuel bar Nachmani concerning a person who is easily enticed after his inclination.

Rabbi Shmuel bar Nachman said that Rabbi Yohanan said

What is the meaning of that which is written

([Numbers 21:27, 28, 30]): “

Therefore the rulers will say

, Come to Heshbon, let the city of Sihon be built and established. For fire went out from Heshbon, a flame from the city of Sihon; it consumed Ar of Moab, the masters of the high places of Arnon. And we have destroyed Heshbon as far as Dibon, and the women as far as Nophah, which is as far as Medeba.”

Indeed, the plain meaning of the verse speaks of Sihon’s war against the first king of Moab, from whom Sihon took all his land through Balaam’s curse .

And the legal consequence is: Although the people of Israel were prohibited from waging war against Moab, as it is stated [Deuteronomy 2:9]: “And the Lord said to me: Do not distress Moab and do not provoke them to war, for I will not give you an inheritance from his land”; nevertheless, through Sihon’s conquest, this land became permitted to the people of Israel. [Hullin 60b]

But the entire lengthy account in the verse is still not settled: how did Sihon conquer the land of Moab, and what does this verse come to teach us!?

Rather, necessarily: Moses our teacher wrote it for exposition, as follows.

And thus Rabbi Shmuel bar Nachman expounded in the name of Rabbi Yohanan:

“The rulers”

that the verse stated,

these are

the righteous who

rule over their inclination

and subdue it.

And thus the rulers—the righteous—said

“Come to Heshbon”

that is:

Come and let us calculate

the calculation of the world.

And what is “the calculation of the world”?

The calculation of

the loss of a mitzva

, that he is idle from work and loses profit because he is occupied with a mitzva, or that he gave charity and his property was diminished,

against its reward

, the abundant reward of the mitzva that the person will receive in the time to come.

And

so too, the calculation of

the reward of a transgression

, which he enjoyed through it in this world,

against its loss

, which he will lose more in the time to come.

“Let it be built and established”—

know that

if you do this

, as we said, to calculate in each and every matter the loss against the reward, certainly

you will be built in this world

and established for the World to Come.

All this is said concerning one who calculates his ways.

But: “

The city of Sihon: If a person places

himself

like this city

that goes after pleasant speech

, just as the city follows a call made calmly and a slight allusion, so too he is enticed by his inclination and follows the words of the heretics, and does not rule over his inclination.

What is written

in the verse that comes

after it?

“For fire went out from Heshbon,” and so forth —

fire will go out

from the righteous who

calculate

the calculation of the world,

and it will consume those who do not calculate.

And even if they are righteous, nevertheless they will not be able to attain that degree to which those who calculate the calculation of the world have reached; and we already learned [above 75a]: Each person is burned by the canopy of his fellow; the lesser is burned by the canopy of his fellow who is greater than he.

And it is further said:

“And a flame

went out

from the city of Sihon”—

from the cities

of

righteous people who were called trees

([trees]).

And this fire and flame is

“it consumed Ar of Moab”

; “Ar” is from the language of city, and “Moab” from the language of desire —

this is one who goes after his inclination

and his desire

, like this city that goes after pleasant speech.

And it is further said concerning that fire, that it consumes

“the masters of the high places of Arnon”—

these are the arrogant

, the masters of pride, who raise their opinion over themselves like these high places of Arnon.

For the Master said: Anyone in whom there is arrogance falls into Gehinnom

, as it is stated [Proverbs 21:24]: “The proud, arrogant one is called a scorner; he acts with the fury of arrogance,” and “fury” means none other than Gehinnom, as it is stated [Zephaniah 1:15]: “A day of fury is that day .”

And “we have destroyed”

is a hint to what

the wicked person said: There is no exalted one

, and he says this in opposition to the Divine Presence, for the blessed Name is exalted over all and dwells in the heights,

And the wicked person further says:

“Heshbon is destroyed,” destroyed

is the calculation of the world

, there is no judgment and no judge, and I will not be called to account for my sins.

And our answer to the wicked person is:

“As far as Dibon”—

the Holy One, blessed be He, said

to the wicked person:

Wait until there comes

the day of

judgment.

arrives.