Saturday, December 12, 2009

Halachos of the Daf - Bava Basra 78

(Choshen Mishpat Siman 220)

When selling a donkey, the following items are included even if the donkey is not wearing it at the time of the sale:
1) Blanket – the donkey wears it the whole day to keep warm.
2) Saddle.

Not included in the sale, even if the donkey is wearing it at the time of sale:
1) Sack – used to store cargo.
2) Sidesaddle – used by women when riding donkeys.

In an instance where the seller specified that “I’m selling the donkey and everything that is on it”, then even the sack and sidesaddle are included in the sale.

The reason why the blanket and saddle are included, and not the sack or sidesaddle, is because only the items that are used to ride the donkey are included in the sale, and not the cargo. Even though a woman rides on the sidesaddle, it is still considered cargo, since the women sit in a position similar to cargo.

As mentioned yesterday, the amount paid is not an indication if other items are included in the sale.