י״ג בניסן ה׳תשע״ז (April 9, 2017)

Bava Batra 77a-b: Wagon And All

The Mishna on today’s daf continues with the discussion of what is included in the standard sale of certain objects.

When there is an agreement to sell a karon – a wagon or chariot – it does not ordinarily include the peradot – the animals that pull the wagon. Similarly, if the peradot are sold, it would not include the karon.

Although most of the commentaries explain the peradot as the animals that pull the wagon – most likely following the approach of Rabbeinu Gershom Meor HaGola , who explains that the animals most often used to pull wagon were mules (in Hebrew a mule is called a pered) – the Rambam offers an alternative definition in his Commentary to the Mishna. According to the Rambam, the term peradot refers to wooden poles that extended from the wagon to which the animals were attached. Perhaps they were called peradot because they were separate from the body of the wagon (the Hebrew root p-r-d means separated).

The Mishna continues, teaching that when there is an agreement to sell a tzemed – the yoke that sits on the animals that holds them together during work – it does not ordinarily include the bakar – the animals that are held together by the yoke. Similarly, if the bakar are sold, it would not include the tzemed.

Although the term tzemed is used in the Bible to mean a pair of animals, e.g. cattle or donkeys, in Rabbinic usage the term came to mean the implement that held the pair of animals together, i.e. a yoke.

Rabbi Yehuda argues that we should be able to infer from the sale price whether the agreement included both things or just one. Since everyone knows that a tzemed – a yoke – is not sold for 200 zuz, it is obvious that the animals were included, as well. of the Mishna argue with this reasoning, and rule that we cannot deduce the people’s intent based on the price that was agreed upon and paid.

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