Translation:Shulchan Aruch/Choshen Mishpat/215

Paragraph 1- If one sells a courtyard, he has sold the pits, ditches and caves that are contained therein, all the inner and outer houses, all sand-houses and all stores that are open to the courtyard. The stores that are not opened into the courtyard, however, would not be sold along with the courtyard. If they were open both to the courtyard and outside the courtyard and most of its use is with the courtyard, they would be sold with the courtyard. If most of its use is not with the courtyard, it would not be sold with it. He will not have sold the movable items inside the courtyard that would not be sold with the house. If the seller said he is selling the courtyard and everything inside, all the items of the house would be sold, even the movable items, except for wheat or barley. In either cases, he will not have sold the bathhouse or the olive press inside. There are those who say that if he specified the outer borders everything would be sold, just as we said with respect to pits and ditches. We already discussed above in Siman 214 that there are those who disagree with respect to pits and ditches, and the same is true here.

Paragraph 2- If one sells an olive press, he has sold the large stone that is built on the ground where they grind the olives, the cedar poles that are used to lean the beams on while grinding the olives, the vats, the vessels where they place the crushed olives, which are the crushers and the tablets surrounding the olives to ensure they do not scatter. He would not, however, have sold the upper millstone. In a case where the seller said he is selling the olive press and everything inside, all of the foregoing will have been sold. In either case, he will not have sold the tools used to destroy the olives, the wheel or the beam. There are those who say that if the seller said he is selling what is inside, these would all be sold and this seems to me to be the primary view. He will not have sold the goat-skin or leather sacks. If the seller said he is selling the olive press and all its accessories, everything would be sold. If there were stores where they laid out olives or sesame outside the olive press and the seller specified their outer borders, the buyer would acquire everything. If he did not specify, the buyer would only acquire what was inside the olive press.

Paragraph 3- If one sells a bathhouse, he will have sold the room with the boards the customers sit on while they are undressed, the room where they place wooden bowls filled with water in front of the customers, the room that contains benches the customers sit on in the bathhouse-courtyard while dressed and the room where they dry themselves off with curtains. He will not, however, have sold the boards, the bowls, the benches or the curtains themselves. In a situation where the seller said he is selling the bathhouse and everything inside, he will have sold all of the foregoing. In either case he will not have sold the pools that supply the water, whether in the summer or the rainy season, nor will he have sold the wood-storeroom. If the seller said he is selling the bathhouse and all its accessories, they would all be sold, even if they were outside the bathhouse. There are those who write that this only applies where these areas are within the borders and he wrote in the sale document, “these are the borders.”

Paragraph 4- If one sells a city, he has sold its houses, pits, ditches, caves, bathhouses, birds’ nests, olive press, irrigated fields and those adjacent to it, forests that surround it, known fields and animal, bird and fish traps facing the city, even if distant from the city. He will not, however, have sold the movable items contained therein. In a case where he says he selling the city and everything inside, all the aforementioned would be sold. In either case, he will not have sold the small strips of valley adjacent to the city, the nearby villages or the forests that are separate from the city. He will also not have sold his share in the city or dry land or animal, bird or fish traps that are not facing the city.

Paragraph 5- If one sells a field, he has sold the stones arranged for the fence, the stones placed on the sheaves because they are for the field’s needs, the field’s borders, the reeds that are placed under the grapes to keep them in place, the grain attached to the ground even if its harvesting time has arrived, the cluster of reeds that less than a quarter-kav even if its reeds are thick and strong, the watchman’s hut that is made with cement even if not permanent, the ungrafted carob tree, the uncut sycamore even if they are thick and all the palm trees even if standing on the border. He will not, however, sold the stones that are not arranged for the fence or the stones not placed on the sheaves, even if they were designated for that. There are those who say that if they were placed on the sheaves one time they would be sold. He will not have sold the reeds of the vineyard that are not placed under the grapes, even if they are smooth and designated for it. He will not have sold grain that has been uprooted from the ground, even if it still needs the field to dry. If the seller said he is selling the field and everything contained therein, all the aforementioned would be sold. In either case, he will not have sold a cluster of reeds that is a quarter-kav, even if the reeds are thin and small. He will not have sold a small row of spices that has its own name, such as where they are called so and so’s “bavrada.” He would not sell the watchman-hut in a case where it is not made of cement, even if it was attached to the ground. He will not have sold a grafted carob tree or trimmed sycamore, even if they are thin. He will not have sold the field’s pit, press or nest, whether used or abandoned. The seller must purchase a path from the buyer so he can access the pit, ditch, press or nets that he retained within the field. If the seller specifically said “except for these,” he would not need to purchase a path.

Paragraph 6- When is this true? In the case of a sale because the buyer should have specified and did not and thus only receives these items. In the case of a gift, however, the recipient would acquire everything, regardless of whether it is a house, courtyard or olive press. The general rule is that were one gifts real property, the recipient would acquire everything that is attached unless the donor specifies otherwise. This is only with respect items that are inside the property being given. There is no distinction between a sale and gift, however, for that which is outside the property, such as a mattress, room or something similar.

Paragraph 7- Similarly, if brothers divided and one brother received a field, he would obtain everything. If one takes possession of a convert’s property, he has taken possession of the entire field. If one consecrates a field, he has consecrated the entire field.

Paragraph 8- Even in the case of a seller and buyer, all of the foregoing and any similar rules are only in a place where is no custom and no known definitions for each item. In a place where the custom is that where the seller sells x, he has also sold y, y will be sold and we rely on the custom, regardless of whether it is real property or movable items. This is a big principle in all of the rules of commerce. We always follow the way people speak in that place and we follow the custom.