Bava Batra 61 - August 25, 21 Av

When one sells a house, it does not include certain parts of the house, unless the seller specifies that the sale includes everything in the house. The Mishna lists the properties not included in the sale – the yetzia, for which the Gemara brings two possible definitions, an inner room used for storage, and a room with a parapet of ten handsbreadths. Rav Yosef quotes a braita that says there are two other synonyms for the word yetzia – tzela and ta – and sources from the Torah and tannaitic sources are brought to show where these words are used. Mar Zutra qualifies the yetzia exclusion to one where the yetzia was four cubits. Ravina questions this but Mar Zutra resolves the difficulty. Why was it necessary for the Mishna to add the case of the room if one could have derived the ruling for the storage room from the yetzia? It teaches that even if the seller designates a border, and the storage room is included in the border, if the seller says “house,” the room is not included. This accords with two statements of Rav Nachman that the Gemara proceeds to analyze and establish the circumstances of the cases. Why did Rav Nachman need to teach about both cases – why couldn’t we have derived one from the other? The Gemara mentions certain terms and explains what would be included in a sale if that particular term was used, such as ara, arata, zihara, and nichsei. 

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