If a man sold a ship, he has also sold the mast, the sail, the anchor, and all the means of steering it. But he has not sold the slaves, the packing-bags, or the lading. But if he had said, “It and all that is in it”, all these are sold also. If a man sold a wagon, he has not sold the mules, and if he sold the mules, he has not sold the wagon. If he sold the yoke, he has not sold the oxen, and if he sold the oxen, he has not sold the yoke. Rabbi Judah says: “The price tells all. How is this so? If one said to him, “Sell me your yoke for 200 zuz, it is known that no yoke costs 200 zuz.” But the sages say: “The price is not proof.” If a man sold a donkey he has not sold its trappings. Nahuma of Madi says: “He has sold its trappings.” Rabbi Judah says: “Sometimes they are sold and sometimes they are not sold. How is this so? If the donkey was before him with its trappings on it and he said, ‘Sell me this donkey of yours’, the trappings are sold (with the donkey). If he said, ‘Sell me that donkey of yours’, the trappings are not sold.” If a man sold a donkey he has sold its foal. If a man sold a cow he has not sold its calf. If he sold a dungheap, he has sold the dung on it. If he sold a cistern, he has sold the water in it. If he sold a bee-hive he has sold the bees. If he sold a dovecote he has sold the pigeons. If a man bought the fruit of a dovecote from his fellow he must let go the first pair that are hatched. [If he bought], the fruit of a beehive he may take three swarms and then [the seller] may make the rest sterile. [If he bought] honeycombs he must leave two honeycombs. [If he bought] olive trees to cut down the branches, he must leave two shoots. If a man bought two trees in his fellow’s field, he has not bought the ground [in which they grow]. Rabbi Meir says: “He has bought the ground”. When they grow (branches), he (the seller) may not trim them. What comes up from the stem belongs to him (the buyer) but what comes up from the roots belongs to the seller. And if they die, the ground is not his [to replant new trees]. If he bought three trees, he has bought the ground [between them]. When they grow he may trim them, And what comes up whether from the stem or from the roots belongs to him (the buyer). And if they die the ground is his. He who has sold the head of a large animal, has not sold the feet. If he sold the feet, he has not sold the head. If he sold the lungs he has not sold the liver. If he sold the liver he has not sold the lungs. But in the case of a small animal: If he sold the head he has sold the feet. If he sold the feet he has not sold the head. If he sold the lungs he has sold the liver. If he sold the liver he has not sold the lungs. There are four rules with regards to those who sell:If one has sold good wheat and it turns out to be bad, the buyer can retract. If he sold bad wheat and it is found to be good, the seller can retract. [But if one sold] bad wheat and it is found to be bad, or good wheat and it is found to be good, neither may retract. [If one has sold] dark wheat and it turned out to be white; Or white and it turned out to be dark; Or [if he sold] olive wood and it turned out to be sycamore wood; Or sycamore wood and it turned out to be olive wood; Or [if he sold] wine and it turned out to be vinegar; Or vinegar and it turned out to be wine; Either of them may retract. If a man sold produce to his fellow and the buyer drew it towards him but did not measure it, [the buyer] has acquired [the produce]. If [the seller] had measured it but [the buyer] did not draw it towards him, he has not acquired [the produce]. If [the buyer] is clever he will rent the place [in which the produce is located]. If a man bought flax from his fellow he has not acquired it until he has moved it from one place to another. If it was still attached to the ground, and he plucked any small quantity of it, he has acquired possession. If a man sold wine or oil to his fellow, and its value rose or fell, if [the price rose or fell] before the measure was filled up, it belongs to the seller, [and he may refuse to sell except at the higher price]. But if [the price rose or fell] after the measure was filled up, it belongs to the buyer [and he may refuse to buy except at the lower price]. If there was a middleman between them, and the jar broke, it is broken to [the loss of] the middleman. [After emptying the measure] the seller must let three more drops drip [for the buyer]. If he then turned the measure over and drained it off, what flows out belongs to the seller. The shopkeeper is not obligated to let three more drops drip. Rabbi Judah says: “[Only] on the eve of Shabbath as it becomes dark is he exempt.” If a man sent his child to a shopkeeper with a pondion (a coin) in his hand and he measured him out an issar’s (a coin worth half a pondion) worth of oil and gave him an issar in change and the child broke the flask and lost the issar, the shopkeeper is liable. Rabbi Judah declares him exempt, since the father sent the child for this purpose. And the Sages agree with Rabbi Judah that if the flask was in the child’s hand, and the shopkeeper measured the oil into it, the shopkeeper is exempt. The wholesaler must clean out his measures once every thirty days and the householder once every twelve months. Rabban Shimon ben Gamaliel says: “The rule is just the opposite.” The shopkeeper must clean out his measures twice in the week and polish his weights once a week and clean out his scales after every weighing. Rabban Shimon ben Gamaliel said: “When is this so (that one needs to clean out measures)? With regards to liquid measures, but with regards to dry measures it is not necessary. [And a shopkeeper] must let the scales sink down a handbreadth [to the buyer’s advantage]. If he gave him an exact measure, he must give him his overweight, a tenth for liquid measures and a twentieth for dry measures. Where the custom is to measure with small measures they should not measure with large measures and where the custom is to measure with large measures they should not measure with small measures. Where the custom is to smooth down [what is in the measure] they should not heap it up, and [where the custom is] to heap it up, they should not smooth it down.
Mishnah Bava Batra 5
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