Tuesday, 28 March 2017

Bava Batra 65: Buying Fixed and/or Movable Property When Purchasing a Residence

In yesterday's daf, we discussed whether a buyer requires to purchase a path to property only accessed through the seller's own property.  The rabbis consider whether people in certain relationships have chazaka to access to each other's property.  Rav Nachman quotes Shmuel, saying that brothers do not have chazaka with each other regarding their fathers' inheritances.  The rabbis consider a case example where one residence is built behind the other.  Even in this circumstance, people do not have rights of access, even when this property is received as a guest.

A new Mishna teaches that a person who sells a house is assumed to have included the sale of its door and its mortar fixed to the ground and the immovable lower millstone.  Not included are the house's key, portable mortar, the upper stone,  the oven nor the double stove.  

The Gemara suggests that this Mishna is in accordance with the opinion of Rabbi Meir: "If one sold a vineyard, he has sold all of the utensils of the vineyard".  But what about the items that are not fixed? And is a key "fixed" in a house or not?  Which parts of a home are considered to be separate entities and which are part of the house?  The rabbis look to other teachings, including a duct that connects to a mikva.  Again, we are reminded that Rabbi Eliezer believes that seller sell generously while the rabbis believe that sellers sell sparingly.

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