Saturday 1 April 2017

Bava Batra 69: Stones, Trees and Other Possible Inclusins in the Sale of Land

According to a Mishna introduced yesterday, we are specific about what is included when selling one's field.  Today, the Gemara begins with several options that explain what the MIshna has suggested.  One of those debates what is meant by the rocks that are used by the ground.  Are these referring to the rock that anchor down the sheaves so that they don't blow away?  What about the rocks that are built into a fence?  More difficult, what about the rocks that are waiting to be built into a fence?  Because of this discussion, we are privy to some of the agricultural and architectural practices of the ancient middle east.  

The Gemara considers the need for explicit clarification regarding the sale of trees or vineyards along with land that is sold.  What if the palm trees are promised to another person?  Might the new contract take precedence, or will the new contract be held as null and void?

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