Mechirah - Chapter 25

In this chapter, the Rambam focuses on defining the intention of the seller: which articles he intended to sell and which not.

I.e., in the contract of sale it is explicitly stated that the appurtenances are being sold together with the house itself.

Without making any specific conditions.

The Kessef Mishneh states that this refers to a patio built outside the house. If, however, the patio is within the house - e.g., a house that has a courtyard that it surrounds on all sides - the courtyard is automatically sold with the house.

Sefer Me’irat Einayim 214:2 states that this law applies even if the only entrance to the patio is through the house.
The rationale is that since the patio is a distinct and significant entity, it is not considered to be subordinate to the house.

It is not considered to be an important entity in its own right.

Since it does not have an independent entrance of its own, it is not considered to be a distinct entity, but rather is subordinate to the house (Sefer Me’irat Einayim 214:4).

The Maggid Mishneh states that this applies even if the room is less than four cubits in size, in which case, in many circumstances it would not be considered to be an independent entity. The Tur and the Ramah (Choshen Mishpat 214:2), however, differ and maintain that the room must be four cubits in size. The Kessel Mishneh explains that the Rambam is referring to a storeroom.

See Chapter 21 Halachah 17, which states that there are times when a person will draw the boundaries of a property larger than those that he is actually selling.

A roof of this size is considered to be an important entity.

Our translation is taken from the Rambam’s Commentary on the Mishnah (Bava Batra 4:2). The rationale for the ruling is that such a cistern or reservoir is a distinct and significant entity. From the statements of the other commentaries, it is not clear that they maintain that this type of cistern projects upward.

Chapter 24, Halachah 15.

See a parallel in Chapter 26, Halachah 4. Similarly in instances when a person sells a room or a roof, it is necessary for the previous owner to purchase a path.

Therefore, we assume that the seller did not retain for himself any further right to the property.

Since it is unnecessary to mention this condition in order to acquire the cistern, we assume that he is doing so to avoid having to purchase a path (Maggid Mishneh).

Here also we follow the principle that the seller is assumed to have been generous when making the sale and enabled the purchaser access to the article that he purchased (Maggid Mishneh).

The Ramah (Choshen Mishpat 214:2) writes that if the purchaser has a means of access to the cistern that does not involve going through his neighbor’s property, he is not allowed to access through his neighbor’s property.

Therefore, to enter his property, the purchaser or recipient of the inner room must purchase a path from the purchaser or recipient of the external room, or appease him so that he grants him such a path.
The Maggid Mishneh states that this law applies only when the owner sells or gives away both properties at the same time. If, however, he sells or gives away one of the properties first, the purchaser or the recipient of the second possesses the right of access to his property. The rationale is that when the owner sells or gives away the inner room, but retains ownership of the outer room, the purchaser or recipient of the inner room receives the right of access to that room with the gift or sale. He retains that right even if the owner transfers ownership of the outer room to another person afterwards.
Similarly, if the owner first sells or gives away the outer room, the owner does not retain the right to enter the inner room. And therefore, if he sells or gives away that inner room, he cannot sell or give this right together with it. These principles are affirmed by the Shulchan Aruch (Choshen Mishpal 214:10).

For as the Rambam proceeds to explain, a recipient of a gift is granted greater privileges than a purchaser.

An oven has an opening for one pot, while a range has an opening for two.

This refers to an oven or a range that is permanently attached to the ground within a house. Those that are not permanently attached are not sold with the house (Maggid Mishneh).
The standard printed text of Bava Batra 65a states “He did not sell the oven or the range.” Apparently, the Rambam had a different version of this Talmudic passage. The Shulchan Aruch (Choshen Mishpat 214:11) quotes the Rambam’s ruling.

A beam fixed in the wall used to bolt a door (Sefer Me’irat Einayim 214:42).

This fixture is permanently affixed to the ground (Rambam’s Commentary on the Mishnah, Zavim 4:2).

Although these blocks are attached to the ground, Bava Batra 69a is unsure whether or not they are considered to be permanent parts of the house. Therefore, they are considered to be the property of the seller.

Although water reservoirs and cisterns are not included in the sale of a house, they - and larger storage structures - are included in the sale of a courtyard. For storage structures are standard for a courtyard, but not for a home (Ri Migash). The Rashba explains that since a courtyard is used for laundry and for livestock, water reservoirs and the like are necessary.

The rooms that open into the courtyard.

Even if they do not open up within the courtyard. (See Sefer Me’irat Einayim 215:2.)

For they are important entities and are not included in a sale unless explicit mention is made of them.

Oil was produced in Talmudic times through two processes. Either the olives were ground in a grinder and then the oil left to drip out, or the olives were crushed and then the oil would seep out.

The Rambam’s rulings are quoted by the Shulchan Aruch (Choshen Mishpat 215:2). The Rashbam interprets Bava Batra 67b, the source for this halachah, slightly differently. His conception is cited by the Tur.

In his Commentary on the Mishnah (Bava Batra 4:5), the Rambam explains that they would have a wooden beam attached to the stone that would crush the olives. This beam was rotated, and by doing so lifted and let down the stone that would crush the olives.

The Tur and the Ramah differ and maintain that when the seller says “the olive press and all of its contents are sold,” the above articles are also included in the sale.

Made from animal hair.

Including the sacks (Sefer Me’irat Einayim 215:12).

Where many goods - e.g., bread and wine - are sold.

The sesame seeds are spread out to dry. This makes it easier for oil to be made from them. Although the press is used primarily to make olive oil, sesame seed oil is also produced there from time to time (Maggid Mishneh).

Sefer Me’irat Einayim 215:14 emphasizes that the seller must also say: “I am selling you an olive press and all its accessories.” When he makes such a statement and includes the stores in his drawing of the boundaries, it is apparent that he desires to include them in the sale.

In the Rambam’s Commentary on the Mishnah (Bava Batra 4:6), he explains that in this room there is place to store away the people’s clothes. And in his Commentary on Keilim 22:10, he explains that this room would contain long wooden planks where the bathers would sit. Their clothes would be stored in baskets under which incense was burned to make them fragrant.

For they are movable property that is not an integral part of the building.

For these are distinct entities that are not necessarily associated with the bathhouse.

The Tur (Choshen Mishpat 214) states that for these to be included in the sale, the seller must include them in the drawing of the boundaries of the property he is selling. Although this does not appear to be the Rambam’s intent, the Ba’er HaGolah states that he follows this view.