Bava Batra 64B

Study Bava Batra folio 64B with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.

Text Excerpt

As R' Akiva holds that one who sells, sells generously, so that whatever is not explicitly excluded from the sale is assumed to be sold, while the Rabbis hold that one who sells, sells sparingly, so that whatever is not explicitly included in the sale is assumed to be unsold. And perhaps that whic

The Talmud rejects this opinion and asks: From where do you arrive at such a conclusion? Perhaps R' Akiva and the Rabbis do not disagree whether, in principle, a person who sells, sells generously or sparingly, but rather their disagreement is limited to this specific case. As R' Akiva holds that a

Rather, the proof is from the last clause of the Mishnah, which states: If the seller kept the house but sold the pit and the cistern to another, R' Akiva says: The buyer need not purchase for himself a path through the seller’s domain. But the Rabbis say: He must purchase for himself a path throu

The Talmud rejects this proof as well: Perhaps they disagree about the following: R' Akiva holds that we follow the intention of the buyer, as we assume that he would not have bought the pit if he would have to fly through the air to get there. And the Rabbis hold that we follow the intention of th

Rather, the proof that these tanna’im disagree whether one who sells, sells generously or sparingly is from this Mishnah (71a), which teaches: One who sells a field, even if he states that he is selling everything in it to the buyer, has sold neither the cistern, nor the winepress, nor the dovecote