Bava Batra, Chapter Five, Mishnah Five

 

Introduction

Mishnah five deals with what is included in the sale of large and small animals.

 

Mishnah Five

1)                     He who has sold the head of a large animal, has not sold the feet.

a)                                           If he sold the feet, he has not sold the head.

b)                                          If he sold the lungs he has not sold the liver.

i)                                                       If he sold the liver he has not sold the lungs.

2)                     But in the case of a small animal:

a)                                           If he sold the head he has sold the feet.

i)                                                       If he sold the feet he has not sold the head.

b)                                          If he sold the lungs he has sold the liver.

i)                                                       If he sold the liver he has not sold the lungs.

 

Explanation

This mishnah draws a distinction between large animals, such as cows, and small animals such as sheep or goats.  In section one we learn that each part of a large animal is significant enough to be sold separately.  In other words, if one sells one part of a large animal, he has not necessarily sold another part of the animal with it.  However, with small animals some parts are sold with others and some parts are sold alone. For instance, if one bought the head, the feet are automatically included.  Likewise if one bought the lungs, the liver is automatically included.  However, the opposites are not true.  If one bought the feet he has not automatically bought the head.  If one bought the liver he has not automatically bought the lungs.

 

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