Bava Batra, Chapter Four, Mishnah Three

 

Introduction

Mishnah three continues to discuss what parts of the house are sold with a house when the house is sold without specification as to what is being sold.  Mishnah four discusses what parts of a courtyard are sold, also when specification is lacking.

 

Mishnah Three

1)                     If a man sold a house he has sold also the door, but not the key.

a)                                           He has sold a permanent mortar but not a movable one.

b)                                          He has sold the convex millstone (the lower, usually fixed stone) but not the concave one.

c)                                           Nor [has he sold] the oven or the stove.

d)                                          But if he had said:  “[I am selling to you] the house and all that is in it, these are also sold.”

 

Explanation

The mishnah lists the things that are permanent parts of the house and therefore are sold as part of the house even though not specified in the sale.  The door is a permanent part of the house and therefore it is sold with the house.  The key is not a part of the house and hence, is not part of the house.  A permanent mortar, used for crushing, is part of the house but a movable one is not.  The millstone fixed to the ground is part of the house but the movable, top millstone is not.  Nor are ovens and stoves part of the house.  Finally the mishnah clarifies that if the seller had specified that he is selling all that is in the house, all of these things are also including.

 

 

image_print