Soncino English Talmud
Bava Batra
Daf 65b
ALL THESE THINGS ARE INCLUDED IN THE SALE. 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'? — 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, 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 house [and yet it is not sold with the house]? — 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 ground 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 mikweh unfit for use. If, however, he first fixes it and then hollows it, it does not render the mikweh unfit for use.' 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]? Shall I say, the one about the house? 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. Is it then the statement about the beehive, as we have learnt: 'R. Eliezer says that a beehive is on the same footing as the soil; it may serve as a surety for a prosbul,
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