Soncino English Talmud
Bava Batra
Daf 77b
in accordance with the law we have learned [that] a deed may be written for the seller though the buyer is not with him. [In this case], as soon as [the buyer] takes possession of the ground he acquires [also] the deed, irrespective of the place in which it is kept. And this accords with what we have learned, that movable property may be acquired with landed property by means of money, deed and possession! — [Acquiring a deed] on the basis [of land bought jointly with it] is different [from its independent acquisition]; for a coin which cannot be acquired by halifin may [yet] be acquired by virtue of land [bought jointly with it]. As in the case of R. Papa. He had a money claim of twelve thousand zuz at Be-Huzae. He passed them over into the possession of R. Samuel b. Aha by virtue of his threshold. When the latter came [back] he went out to meet him as far as Tauak. BUT HE DOES NOT SELL THE CREW, NOR THE PACKING BAGS, NOR THE STORES, ETC. What is the meaning of Enteke? — R. Papa said: The merchandise which it contains. MISHNAH. HE WHO SOLD A WAGGON HAS NOT SOLD THE MULES, HE WHO SOLD THE MULES HAS NOT SOLD THE WAGGON. HE WHO SOLD THE YOKE HAS NOT SOLD THE OXEN. HE WHO SOLD THE OXEN HAS NOT SOLD THE YOKE. R. JUDAH SAYS: THE PRICE INDICATES [WHAT IS TO BE INCLUDED IN THE SALE]. HOW? — [IF] HE SAID UNTO HIM: SELL ME YOUR YOKE FOR TWO HUNDRED ZUZ; IT IS OBVIOUS THAT A YOKE [ALONE] IS NOT [SOLD] FOR TWO HUNDRED ZUZ. BUT THE SAGES SAY: THE PRICE IS NO PROOF. GEMARA. R. Tahlifa the Palestinian recited [a Baraitha] before R. Abbahu: He who sold the waggon has sold the mules. 'But surely', [the master said,] 'we learned: HE HAS NOT SOLD'! He said unto him: Shall I cancel it? He replied unto him: No; your teaching may be interpreted [as dealing with the case] when [the mules] were harnessed to it. HE WHO SOLD THE 'YOKE' HAS NOT SOLD THE OXEN, ETC. How is this to be understood? If it be said that [the Mishnah speaks of a place where] a yoke is called yoke and oxen [are called] oxen, [in this case] surely he sold him the yoke, but has not sold him the oxen And if the oxen also are called 'yoke', all was [obviously] sold! — [The law in the Mishnah] is necessary [to be stated in order to provide] for a place where a yoke is called 'yoke' and oxen, oxen'; while there are also some who call the oxen [also] 'yoke'. [In such a case], R. Judah holds the opinion that the price indicates [what was the intention of the seller], and the Rabbis [the Sages] hold the opinion [that] the price is no proof. But if the [excessive] price is no proof [that the oxen were included in the sale], the [return of the overcharge or the] cancellation of the [entire] purchase should follow!
Sefaria
Bava Metzia 40b · Shevuot 38b · Bava Metzia 100b · Bava Metzia 47a · Bava Kamma 12a · Gittin 22a · Bava Metzia 4b · Kiddushin 7a · Kiddushin 26a · Bava Metzia 46a · Bava Kamma 104b · Bava Metzia 40b · Bava Batra 83b
Mesoret HaShas
Shevuot 38b · Bava Metzia 100b · Bava Metzia 47a · Bava Kamma 12a · Gittin 22a · Bava Metzia 4b · Kiddushin 7a · Bava Metzia 46a · Bava Kamma 104b · Bava Metzia 40b · Bava Batra 83b