Bava Batra 71A

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Text Excerpt

איפכא מתנינן לה.

learned the reverse, that is to say, according to our version of the baraita, it is the judges of the exile who maintain that the claimant collects only half the sum, which corresponds to the halakha taught by Rava.

מתני׳ לא את הבור ולא את הגת ולא את השובך ⁠– בין חרבין, בין ישובין. וצריך ליקח לו דרך, דברי רבי עקיבא. וחכמים אומרים: אינו צריך.

Mishnah: In continuation of the previous Mishnah (68b) discussing one who sells a field, the Mishnah teaches that even if he says that he is selling it and everything that is in it, has sold neither the cistern, nor the winepress, nor the dovecote, whether it is abandoned or utilized, as these items are not part of the field itself. And the seller must purchase for himself a path through the buyer’s domain to reach whatever remains his. This is the statement of R' Akiva, who holds that one who sells, sells generously; therefore, whatever is not explicitly excluded from the sale is assumed to be sold, and it is presumed that the seller did not retain for himself the right to the path that he requires to access his property. And the Rabbis say: The seller need not purchase a path through the buyer’s domain, as it is assumed that since the seller withholds these items for himself, he also reserves a path to reach them.

ומודה רבי עקיבא בזמן שאמר לו: ״חוץ מאלו״, שאינו צריך ליקח לו דרך. מכרן לאחר ⁠– רבי עקיבא אומר: אינו צריך ליקח לו דרך, וחכמים אומרים: צריך ליקח לו דרך.

And R' Akiva concedes that when the seller says to the buyer in the bill of sale that he is selling the field apart from these things, i.e., the cistern and the winepress, he need not purchase for himself a path through the buyer’s domain. Since these items would have been excluded from the sale even if he had said nothing, it is assumed that he also meant to reserve for himself the right to access them. But if the seller kept the field but sold the cistern and winepress to another person, R' Akiva says: The buyer need not purchase for himself a path through the seller’s domain to reach what he has bought, since a seller sells generously. But the Rabbis say: He must purchase for himself a path through the seller’s domain.

Text data via Sefaria: William Davidson Edition - English and William Davidson Edition - Vocalized Aramaic, CC-BY-NC; edition provenance: Koren. Display terminology has been modernized for readability.