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Daily Daf Dose
By: Reb Avrahom Klein
(Choshen Mishpat Siman 215)
In the previous few dafim, the Gemora discussed which items are included when selling a house, courtyard, olive press, bathhouse, city and field. The reason why everything is not included in the sale is because when someone is for example selling a house, he’s only selling it because he’s strapped for cash. So although we assume that a seller sells b’ayin yufeh - generously, this doesn’t include items which are not part of the house. We therefore can say that the seller had no intention of selling any items, if not for the fact that he needed the money.
According to the above logic, there would be instances where everything that belongs in that particular place is included in the sale.
1. A person giving a house, field etc. as a gift. Since he wasn’t forced into giving it, then he must have given it wholeheartedly, and he is not withholding anything.
2. Brothers that divided an inheritance. Since each brother took their own field, for example, then obviously they completely divided the inheritance, and everything in each brothers field is exclusively his.
3. If someone made a kinyan chazakah (propriety act) on the property of a deceased convert.
4. One who consecrates a house, field etc., the halachah is that everything is hekdesh. Since he wasn’t forced into consecrating it, then he must have given it wholeheartedly, and he is not withholding anything.
(Choshen Mishpat Siman 215)
In the previous few dafim, the Gemora discussed which items are included when selling a house, courtyard, olive press, bathhouse, city and field. The reason why everything is not included in the sale is because when someone is for example selling a house, he’s only selling it because he’s strapped for cash. So although we assume that a seller sells b’ayin yufeh - generously, this doesn’t include items which are not part of the house. We therefore can say that the seller had no intention of selling any items, if not for the fact that he needed the money.
According to the above logic, there would be instances where everything that belongs in that particular place is included in the sale.
1. A person giving a house, field etc. as a gift. Since he wasn’t forced into giving it, then he must have given it wholeheartedly, and he is not withholding anything.
2. Brothers that divided an inheritance. Since each brother took their own field, for example, then obviously they completely divided the inheritance, and everything in each brothers field is exclusively his.
3. If someone made a kinyan chazakah (propriety act) on the property of a deceased convert.
4. One who consecrates a house, field etc., the halachah is that everything is hekdesh. Since he wasn’t forced into consecrating it, then he must have given it wholeheartedly, and he is not withholding anything.
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