Bava Batra

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.  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.  Rab, however, said that they have [these rights].  [R. Ashi answered:] Both statements are necessary.  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.  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 our  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. 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.  Still less have they if the outer one is given and the inner one is sold.  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,  but this is not correct. For have we not learnt:  'This  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.  So here, the donor gives in a liberal spirit. MISHNAH. IF A MAN SELLS A HOUSE, HE [IPSO FACTO] SELLS [WITH IT] THE DOOR, BUT NOT THE KEY;  HE SELLS [WITH IT] A MORTAR  FIXED [IN THE GROUND] BUT NOT A MOVABLE ONE; HE SELLS [WITH IT] THE CASING OF A HANDMILL BUT NOT THE SIEVE,  AND NOT A STOVE OR AN OVEN.  IF HE SAYS TO THE PURCHASER, [I SELL] THE HOUSE AND ALL ITS CONTENTS,