Mar 262017

When one says (or writes in a contract) that one is selling “part of the land” – is the intention half or not?  Different uses of the word “part” may mean different things.  Raba brings a few cases and explains the differences.  However, Abaye disagrees with him and thinks there is no distinction between the cases as each can be explained in the same manner.  A Levite can sell one property and stipulate that the owner give him the Levite tithes.  How can one do this if it is selling something that does not yet exist?  The assumption is he is retain rights to part fo the land.  Reish Lakish makes an assumption that one can learn from here to a different case and Rav Zevid and Rav Pappa debate what the relevance of Reish Lakish’s statement is.  Rav Dimi discusses the difference between a sale with no specification, one where it was stipulated that the buyer acquires the depths and the heights, and one where the buyer acquired from the depths of the earth to the height of the sky.  What items are included in each case?  The gemara tries to prove his statement from the next mishna, but then rejects the proof.

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