Bava Batra 78 – Selling a Donkey

If one sells a donkey to his fellow, he has not sold its gear. However, Nachum the Mede says he has sold his gear, too.

All agree that the saddle, blanket, girth under the donkey's belly, and breast strap are sold. These are necessary for the use of the donkey. The argument is about the sack and saddlebag, specifically cargo gear. The first teacher holds that ordinarily, a donkey is used for riding, and the cargo gear is not included in the sale. Nachum holds that ordinarily, a donkey is used for transporting cargo; therefore, its cargo gear is included in the sale.

Is the argument about the gear that is on the donkey or the gear that is not? This question remains unresolved, and the one who wants to extract money from his fellow needs to prove his right.

Art: Nun with Donkey by Giovanni Fattori