brought to you by Kollel Iyun Hadaf of Yerushalayim
& Revach l'Neshamah - http://www.revach.net
1. When one sells an entire courtyard (which clearly includes the houses), the water reservoirs in the houses are also included.
2. However, the movable objects in the houses and yard are not deemed to be included in the sale.
3. Even if he says he is selling the yard "and everything in it," it still does not include the bathhouse, wine press, or oil press.
4. Rebbi Eliezer argues that if someone sells a yard, he is merely selling the air of the yard, not the houses in it.
5. In a similar vein, the Mishnah discusses what is included in the sale of a wine or oil press and a bathhouse.
A BIT MORE
1. Even though the Gemara earlier taught that when one sells a house, the water reservoir in the house is not assumed to be included, when one sells an entire courtyard it is deemed to be a more inclusive sale which also includes the reservoirs in the houses.
2. This is unless the seller says he is selling the courtyard, "and everything in it."
3. He is only selling things related to living there, such as vessels used in the house, not other types of things such as bathhouses.
4. The Gemara records a dispute about the exact terms used in the sale in which Rebbi Eliezer maintains that only the air of the yard is sold. For example, one opinion is that the word used is indeed "Chatzer," which Rebbi Eliezer understands to mean only the air of the yard, while the Tana Kama understands that this is like the term "Chatzer ha'Mishkan" used in the Torah, which included everything in the Mishkan.
5. Here, as well, there is a difference between what is normally included, what is included when one says "and everything in it," and items that have to be specified even when one says "and everything in it" in order to be included in the sale.
Next Daf Index to Revach for Maseches Bava Basra