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|BAVA BASRA 78 (14 Nisan) - dedicated by Mr. D. Kornfeld l'Iluy Nishmas his grandmother, Chayah bas Aryeh Leib Shpira (nee Sole), on the day of her Yahrzeit.|
1. The Mishnah records a dispute about what is included in the sale of a donkey.
2. The Gemara explains the dispute (#1).
3. Rebbi Yehudah says that what is included depends on how the buyer asks the seller to sell him the donkey.
4. Abaye cites a list of Tana'im who maintain that people generally sell some accessories together with an item.
5. The Gemara derives many lessons from the verses that start, "Al Ken Yomru ha'Moshlim" (Bamidbar ch. 21).
A BIT MORE
1. The Gemara explains that it is clear that some things, such as the donkey's saddle, are included.
2. The dispute concerns certain items, such as bags used to transport cargo on the donkey. The Tana Kama says that they are not included, while Nachum ha'Madi says that they are included.
3. If the buyer asks, "Chamorcha Hu?" he is essentially asking, "If this is your donkey, I would like to buy the donkey itself (not including vessels)." If he says, "Chamorcha Zu," he is implying that he already knows that it is the seller's donkey, and he specifically wants to buy this donkey, with everything that is on it.
4. The exception on this list is Rebbi Meir. Even though Rebbi Meir is on this list, he maintains that, in general, one sells all regular accessories with an item, as opposed to the other Tana'im on the list who maintain that one sells only some of the accessories with an item.
5. One lesson derived from these verses is that a person who is haughty ends up in Gehinom.
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