Siman 215

One who sells the courtyard has sold all the houses within it, the outer ones and the inner ones, even if the inner ones do not open to the courtyard, as they are traversed via the outer ones. Also, pits, cisterns, trenches, and caves are sold implicitly, for even though they are not nullified implicitly to a house, as was written in the previous siman, they are nullified to a courtyard. Similarly, if there are houses in it containing sand from which glass is made, they are also sold implicitly. Shops that open to the courtyard, if they are designated only for the residents of the courtyard to sell them their needs, are sold with it; but those that open to the public domain or to an alleyway are not sold with it. If they were open to both here and there, if the majority of their use is with the courtyard, they are sold with it, and if not, they are not sold with it. The matter does not depend on the place where they open, but rather on the use; for if they serve only the residents of the courtyard to sell only to them their needs, even if they do not open to the courtyard, they are sold with it. And if they serve the people of the public domain or the people of the alleyway, even if they open to the courtyard, they are not sold with it, for so it implies in the Gemara [Bava Batra 67a] and in the poskim. However, the way of the matter is such: those that serve only the courtyard are open only to the courtyard, and those that serve outside of it are open outside of it [so it appears to me]. Regarding movable objects, a courtyard is equal to a house, and anything that is not sold in a house is not sold in a courtyard. When he said to him, "it and everything within it," behold all the implements of the house and the courtyard, even though they are movable, are sold, except for wheat, barley, and other foodstuffs; even if they are placed in the pits of the courtyard, they do not belong to the courtyard, for they are not included in the implements of the courtyard. Similarly, he has not sold the bathhouse nor the press-stone when they are in the courtyard, even though he wrote "everything within it," for they have a name of their own and the name "courtyard" is not called upon them, and they are like wheat and barley. Nevertheless, some say that if he demarcated for him outer boundaries and also wrote to him the language "and everything within it," or if he wrote "and I have not reserved anything in these sales," according to those who disagree in siman 214, section 5, everything is sold, including the bathhouse and the press-stone, for they are to a courtyard like a pit and a cistern are to a house. And it is a simple matter that one who buys a courtyard buys all the airspace up to the firmament; and even according to the one who disagrees there in section 8, it is only in one who sells a measure of land, but not in one who sells a complete courtyard [Sma].

One who sells a beit habad in which they make oil from olives has sold the large stone built into the ground upon which they grind the olives, and the cedar beams that support the main beam during the grinding of the olives, and the yekavim, which is the pit into which the oil descends when the olives are pressed, and the vessels in which they place the crushed olives—which in the Gemara is called the mifarkeset—and the boards that they place around the olives so that they do not scatter, for all of these are attached and fixed to the press. However, he has not sold the upper millstone, which is not attached to the press. And when he said, "it and everything within it," behold, they are all sold. And in either case, he has not sold the weights with which they press the olives, nor the wheel, nor the beam, because these are complete movables. And some say that even these are sold when he said, "it and everything within it," since they are the appurtenances of the press, just as in a courtyard the appurtenances are sold when he said, "everything within it," even though they are complete movables; and our teacher, the Rema, ruled accordingly. However, he has not sold the sacks nor the martzufim—which are leather sacks in which they place the olives—and they are not included in what he wrote, "and everything within it," for they are not appurtenances of the beit habad, but rather appurtenances of the olives, and the olives themselves are not sold in the sale of a beit habad. Nevertheless, if he said to him or wrote to him, "I am selling you the beit habad and all its appurtenances," they are also included because they are always placed in the beit habad. And if there were shops outside the beit habad where they spread out olives or sesame seeds, and they also sell in them other things that have no connection at all to the beit habad, such as bread and wine and the like, they are not sold by what he said, "all its appurtenances," for they are not designated for the appurtenances of the press, unless he also demarcated for him the outer boundaries [Sma], for then he has acquired them as well since they are also used for the press and the boundaries are outside of them; and if not, he has only acquired what is within it.

One who sells a bathhouse has sold the house of planks, which is the room where they store the planks and sit upon them when they are naked; and the house of the basins, which are wooden bowls in which they place water before each person as in our bathhouses, and in their days there was a specific room for the bowls where they were placed when not in the time of bathing; and the house of the benches upon which they sit in the courtyard of the bathhouse when they are clothed; and the house of the curtains with which they dry themselves, and in their days there were specific rooms for all of these. However, he has not sold the planks themselves, nor the basins themselves, nor the benches themselves, nor the curtains themselves. And even though they are complete accessories to the bathhouse and are always fixed in the bathhouse, nevertheless, since they are movable objects, they are not sold within the category of the bathhouse. And when he said to him, "it and all that is within it," behold, they are all sold. And it is not similar to the sacks and leather bags of the olive press which are not related to the work of the press but are rather accessories of the press to bring olives in them; this is not the case with these items, which are related to the work of the bathhouse. And all the more so if he said to him, "the bathhouse and all its accessories I am selling to you," they are sold. And even when he said to him, "it and all that is within it," he has not sold the pools that supply water to the bathhouse. And even though they supply for the entire year in the summer months and in the rainy months and always belong to the bathhouse, nevertheless, since they are not in the bathhouse building, they are not sold with it; nor the storage house for the wood. And all the more so that the water and the wood themselves are not sold. And if he said to him, "the bathhouse and all its accessories I am selling to you," behold, they are all sold even though they are outside of it, since they are the complete accessories for the bathhouse. Therefore, even though he did not delineate for him the outer boundaries, they are sold. And it is not similar to the shops of the olive press which are accessories for other things as well. And there is one who wrote that this is specifically when they are within the boundaries and he wrote to him, "these are its boundaries," and he wrote to him, "all its accessories" [Tur].

One who sells a city has sold houses, courtyards, pits, ditches, and caves, bathhouses and dovecotes, olive presses, and all the fields within it, and also the known fields that belong to the city, and all the gardens and fields of non-irrigated land within it and adjacent to it, and the thickets surrounding it—which are forests—and preserves for animals, birds, and fish whose faces are toward the city, even though they are distant from it. However, he has not sold the movable property within it, even movable ovens and stoves. And when he says to him, "I am selling you it and everything within it," they are all sold, even animals, slaves, and other movable property; for although they are not nullified to a courtyard, nevertheless, regarding a city, due to its great size, they are nullified to it and included in it when he says "what is within it," as it is sometimes the practice to sell all the movable property with it. And in either case, he has not sold its "shirayim"—which are pieces of a valley adjacent to the city but somewhat separated from it, such that there is an interruption of hard rocks between them—nor its "daughters"—which are the villages adjacent to it—nor the "khodashim" that are set aside—which are those distant from it. Likewise, he has not sold the watchtower of the city [the Rif]. And if it stands near the sea or a river and the city has a portion there, that portion is not sold to him. Likewise, if the city has some portion on dry land in a place very distant from the city, it is not sold to him. Nor the preserves of animals, birds, and fish whose faces are not toward the city; and even if he said to him "everything within it," they are not sold [the Beit Yosef], since they are not within the city, and even if he said "all its uses," for they are not uses of the city at all [it appears to me]. And it seems to me that if he delineated external boundaries for him and these are within the boundaries, even if he did not say to him "all its uses" and "everything within it," these are sold, for regarding a city it is not relevant to say "he expanded the boundaries for him," and it requires further study.

One who sells a field has sold the stones arranged for a fence and the stones placed upon the sheaves; for if they were placed even once, they belong to the field because they are a necessity of the field. Even though they are movable objects, nevertheless, since they are fixed and designated for this field, they are considered like the field itself, and are superior to the vessels of a bathhouse. Similarly, he has sold the smooth reeds placed under the vines in order to support them, and he has sold the grain and the fruits attached to the ground and to the trees, even if they have reached the point of being harvested and plucked. Similarly, he has sold a reed-thicket, which are many reeds growing from a single trunk, specifically when the area is less than a beit rova of land, for then they are nullified to the field even if the reeds are thick and long. And he has sold the shomira, which is a dwelling made for the watchman of the field, specifically when it is made with clay on its top and around the walls, even though it is not fixed and attached to the ground. But when it is not made with clay, it is considered a complete movable object even if it is fixed and attached to the earth, for it is not considered land at all in such a case. And some say the opposite: that when it is made with clay, even if it is attached to the land, it is not sold with it because it is considered a distinct entity, and when it is not made with clay, it is sold with it even though it is not attached, for it is nullified to the field [Tur]. The primary view is like the first opinion [Shach]. Similarly, he has sold the carob tree that is not grafted, meaning before the carob has aged. Similarly, he has sold the "virgin sycamore," which is a tree that produces a type of fig, and in its youth, when its branches have not yet been cut, it is called a virgin sycamore; when it ages and its branches are cut to be replaced, it is called a "sycamore stump." Therefore, a virgin sycamore, even if its branches are thick, is not considered a field unto itself, but a sycamore stump, even if its branches are thin, is considered a field unto itself and is not sold with it. Similarly, he has sold all the palm trees within it and all the trees, even those standing on the boundary, and certainly he has sold the boundaries themselves. However, he has not sold the stones that are not arranged for a fence, nor the stones that are not placed upon the sheaves, even though they are prepared for this, if they were never placed even once. But when they were placed once for the purpose of use, to be placed so permanently, they are sold [and it appears to me that everyone agrees on this; and examine this]. Also, he has not sold the reeds in the vineyard that are not placed under the vines, even though they are planed and smooth and prepared for this, nor the grain uprooted from the ground, even if it still needs the field to dry there. And at a time when he says to him, "it and everything within it," behold, they are all sold. In either case, he has not sold a reed-thicket that is a beit rova, even if the reeds are thin and small. Nor has he sold a small bed of spices that has a distinct name, such as when they call it "the rose garden of so-and-so." Nor the shomira that was explained according to the opinions we clarified. Nor has he sold the grafted carob, nor the sycamore stump. Nor has he sold the cistern within it, nor the winepress, nor the dovecote, whether they are intact or ruined, for all these are like a distinct entity. And the seller must purchase a path for himself from the buyer in order to go to the cistern, the pit, the winepress, and the dovecote that remained his within the field, for a seller sells with a generous eye and did not reserve anything for himself in what he sold, as I wrote in siman 214, section 6. And if he specified and said "except for these," he does not need to purchase a path for himself, as I wrote there. And in all that has been explained, the boundaries do not help, since they stand within it, except that they have a distinct name; and what would the boundaries avail [it appears to me].

In what case are all these not included in the field? Regarding a seller; and even though one who sells, sells with a generous eye, this only means that regarding what he sold he did not reserve anything for himself. However, regarding that which he did not specify in the sale, why should we say that he sold them? And why did the buyer not specify them explicitly? But one who gives a gift, the recipient acquires all of them—everything found attached to the ground, whether in a house, in a field, in a courtyard, or in a winepress. And the reason for the matter is that regarding everything attached to the ground within the location of the sale, even though they have their own names, nevertheless there is a basis to say they were included, for if not so, he should have specified that he reserved them so as not to err. However, regarding a sale we say the opposite: since the buyer is not ashamed before the seller, why did he not command the seller to mention them explicitly? Therefore, the mind leans more toward the view that he did not sell them to him. But regarding a gift, where the giver gives with a more generous eye than a sale, and the recipient is ashamed to mention to the giver that he should mention them explicitly, therefore every attachment within it belongs to the gift. The general rule of the matter: one who gives land, the recipient acquires everything attached to it unless he specifies. And specifically what is within the thing given, but what is outside of it, such as a porch or a room and the like, there is no difference between a sale and a gift. And so too regarding movable objects there is no difference, as I wrote in siman 220, and so too regarding detached items that are within the land, there is no difference between a sale and a gift.

And so too, brothers who divided [an inheritance] and one of them acquired a field, he has acquired everything [within it] just as in a gift. For since they came to divide, and this one took this field and that one the other, they have completely withdrawn from one another regarding everything that is fixed, attached, and standing within this land. And so too regarding a house, a courtyard, and an olive press. And so too, one who takes possession of the property of a convert and performed a chazakah in a field, then he has acquired everything found attached to that land, and the chazakah of the land counts for everything found there that is attached. For even with two fields, when there is no boundary between them, one acquires with a single chazakah, as I wrote in siman 275. And so too, one who consecrates a field has consecrated everything attached to the land as in a gift, for one who consecrates does so with a completely generous eye, and since he did not explicitly reserve them, he presumably consecrated them and now wishes to retract.

And even regarding a seller and a buyer, all these matters were only stated in a place where there is no custom and there are no known names for each and every thing individually. However, in a place where they practiced that one who sells a field or a house or a courtyard has sold such and such, it is sold, and we rely on the custom, whether regarding real property or regarding movable property, for the custom is a great principle in all commerce, and we follow the language of the people of that place, as was written at the beginning of siman 214; see there.