Bava Batra, Chapter Five, Mishnah One

 

Introduction

Mishnah one deals with what is included in the sale of a boat, a wagon pulled by mules or oxen.

 

Mishnah One

1)                     If a man sold a ship, he has also sold the mast, the sail, the anchor, and all the means of steering it.

a)                                           But he has not sold the slaves, the packing-bags, or the lading.

b)                                          But if he had said, “It and all that is in it”, all these are sold also.

2)                     If a man sold a wagon, he has not sold the mules, and if he sold the mules, he has not sold the wagon.

a)                                           If he sold the yoke, he has not sold the oxen, and if he sold the oxen, he has not sold the yoke.

b)                                          Rabbi Judah says:  “The price tells all.  How is this so?  If one said to him, “Sell me your yoke for 200 zuz, it is known that no yoke costs 200 zuz.”

c)                                           But the sages say:  “The price is not proof.”

 

Explanation

Section one:  If a man sells a ship without specifying what is included in the sale, all of the fixed parts of the ship are included in the sale.  However, the slaves and the bags used for packaging the merchandise on the ship are not included in the sale, unless he were to specify that they were.  This law is similar to many of the laws we learned in the previous chapter.

Section two:  Even though a wagon is pulled by mules, if a man sold a wagon the mules are not automatically included in the sale.  Likewise, if he sold the mules, he has not automatically sold the wagon.  The same is true with regards to oxen and the yoke used to steer them.  If a person sold one, he has not necessarily sold the other.  Rabbi Judah disagrees and he thinks that the price should be able to determine what was included in the sale.  If a person sold a yoke for an exorbitantly high price, it is patently obvious that the oxen were part of the sale.  However, the sages do not believe that the price is proof.  If a buyer pays a high amount for a yoke and then wishes to claim that he bought the oxen as well as the yoke he must bring proof.

 

 

 

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