Soncino English Talmud
Bava Batra
Daf 78b
speaks of a different case. Rabina said to R. Ashi: Come and hear! [We learnt:] He who sold a waggon has not sold the mules. And R. Tahlifa the Palestinian recited in the presence of R. Abbahu: He who sold the waggon has sold the mules; and [the master] said unto him: Surely we have learned that he has not sold! And he replied. Shall I cancel it? And [the master] said to him: No; your teaching may be interpreted [as dealing with the case] where [the mules] were harnessed to it. From this it must be inferred that the Mishnah [speaks of the case] where [the mules] are not harnessed [to the waggon]; and since the first part [is concerned with the case] when they are absent from it, the latter part also [must be dealing with the case] when they are absent from it! — On the contrary, consider the [very] first part [which reads]: But he does not sell the crew nor the Enteke; and it has been stated: What is the meaning of Enteke? R. Papa said: The merchandise which it contains. Now, since the first part [deals with the case] when it [the merchandise] is in it [the ship], the latter part also [must deal with a similar case, which is] when it [the equipment] is upon it [the ass]! But [the only way out of the difficulty is to conclude that] the Tanna dealt with different cases in the different parts of the Mishnah. (Mnemonic ZeGeM NeSeN.) Abaye said: R. Eliezer and R. Simeon b. Gamaliel and R. Meir and R. Nathan and Symmachus and Nahum the Mede are all of the opinion that when a man sells an object he sells it and all its accessories. [As to] R. Eliezer, we learnt: R. Eliezer says: He who sells the building of an olive-press has also sold the beam. [As to] R. Simeon b. Gamaliel, we learnt: R. Simeon b. Gamaliel says: He who sells a town has also sold the Santer. [As to] R. Meir, it has been taught: R. Meir says: He who sells a vineyard has sold the vineyard tools. [As to] R. Nathan and Symmachus, [the case of] the small boat and the fishing boat. Nahum the Mede, in the case just mentioned. R. JUDAH SAYS: SOMETIMES IT IS SOLD, etc. What is the difference between THIS ASS OF YOURS and IS THE ASS YOURS? — Raba said: [When the buyer used the expression,] THIS ASS OF YOURS, he was aware that the ass was his, and the reason, therefore, why he said unto him, 'THIS', [must have been] on account of its equipment. [But when he asked], 'IS THE ASS YOURS?' [he did so] because he was not aware that the ass was his, and this was [the implication of] his inquiry: 'is the ass yours? Sell it to me.' MISHNAH. HE WHO SOLD AN ASS HAS [ALSO] SOLD [ITS] FOAL. HE WHO SOLD A COW HAS NOT SOLD ITS CALF [ALSO]. HE WHO SOLD A DUNGHILL HAS [ALSO] SOLD THE MANURE IN IT. HE WHO SOLD A CISTERN HAS [ALSO] SOLD ITS WATER. HE WHO SOLD A BEE-HIVE HAS [ALSO] SOLD THE BEES. HE WHO SOLD A DOVE-COTE HAS [ALSO] SOLD THE DOVES. GEMARA. Of what case [does the first part of the Mishnah speak]? If [it is] that the [seller] said unto him, '[I sell you] it and its young', then even [in the case of the] cow and its young the same [law should apply]. If, [however], he did not specify, 'it and its young', [then] even [in the case of the] ass also [the foal should] not [be included in the sale]? — R. Papa answered: [The Mishnah speaks of a case] where [the seller] said unto him, 'I sell you a milch-ass or a milch-cow'. [Consequently in the case of the] cow, it may properly be assumed [that the seller thought the buyer] would require the cow for the sake of its milk, but [in the case of an] ass, what could he have meant [by mentioning 'milch']? It must [therefore] be concluded that he [meant] to say, '[I sell you] it [the cow] and its calf'. Why is [the foal] called Sayyah? Because it follows gentle talk. R. Samuel b. Nahman said in the name of R. Johanan: What is the meaning of the verse: Wherefore hamoshelim [they that speak in parables] say, etc.? — Hamoshelim, [means] those who rule their evil inclinations. Come Heshbon, [means,] come, let us consider the account of the world; the loss incurred by the fulfilment of a precept against the reward secured by its observance, and the gain gotten by a transgression against the loss it involves. Thou shalt be built and thou shalt be established — if thou dost so, thou shalt be built in this world and thou shalt be established in the world to come. 'Ayyar Sihon: if a man makes himself like a young ass that follows the gentle talk [of sin]; what comes next? For a fire goes out Meheshbon etc.: A fire will go out from those who calculate [the account of the world] and consume those who do not calculate. And a flame from the city of Sihon: From the city of the righteous who are called trees. It has devoured 'Ar Mo'ab: This refers to one who follows his evil inclination like a young ass that follows gentle talk. The high places of Arnon, refers to the arrogant; for it has been said: Whosoever is arrogant falls into Gehenna. Wanniram — the wicked says: There is no High One; Heshbon is perished — the account of the world is perished. Unto Dibon — the Holy One, blessed be He, said: 'Wait until judgment cometh'; and we have laid waste
Sefaria
Bava Batra 79b · Bava Batra 83b · Numbers 21:27 · Numbers 21:28 · Numbers 21:28 · Numbers 21:30
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