Bava Batra 83 – Four Types of Errors in Sales

If the seller sold what was purported to be superior wheat and it was found to be inferior, the buyer can retract. The seller might also want to void the sale if the price rises, but he does not have this option. It is not a fraudulent sale, where both can retract. Rather, it is more akin to a case of price fraud or overcharge since the buyer did receive wheat, albeit of inferior quality.

Similarly, if he sold him inferior wheat, and it was found to be superior, the seller can retract.

The "red" wheat is reddened by the sun, and it produces more flour, while the "white" wheat yields superior bread. If one agreed to sell red wheat and it was found to be white, or vice versa, both can retract.

Art: Woman Cutting Bread by Christian Krohg

Bava Batra 82 – Recitation over First Fruit

When one buys trees, the question of whether he owns the land under them is crucial for bringing the first fruit from these trees.

If he owns the land, he also recites the prescribed verses, thanking God for the Land He gave him. If he does not own the land, he brings the first fruit but cannot recite the verses. Why not? One should be allowed to recite Torah verses!  - Either because his words "the Land that You gave me" will appear false, or because he may regard his fruit as definite first fruit, and because of that neglect his tithe obligations.

Art: A North African Fruit Vendor by Guiseppe Signorini

Bava Batra 81 – Buying Trees

If someone purchases two trees in his neighbor's field, he has not acquired any land - he has merely purchased the rights to their produce. Thus, if a tree dies, the buyer takes the dead wood, but he may not plant a tree on that site. Rabbi Meir, however, says that he has acquired land.

Therefore, if the branches of the trees grow until they extend over the seller's land, the seller may not trim them, even if they block sunlight and thus damage his crops. Since the buyer gets no land, it is understood that the seller pledges his own land to provide for the tree's needs.

If someone purchases three trees, he has acquired land since he surely intended to buy a field of trees. Therefore, if the branches grow over the seller's land, the seller may trim them.

Art: Part at Monsieur Wall by Corot

Bava Batra 80 – Buying Doves

If one buys the production of a dovecote from his fellow,  he must allow the first pair of doves that are produced to fly with the mother – that is, to remain with her; they are not included in the sale.

Doves tend to lay a pair of eggs almost every month of the year. These eggs hatch and produce one male and one female, which themselves begin to mate at the age of two months.

In order to stay in the dovecote, the mother must have her daughter as a companion in addition to her mate. The daughter, too, must have her offspring as companions since her mother is not company enough. The buyer must, therefore, leave all these pairs and not take them for himself.

Art: Three Ringed Doves by Henry Weekes

Bava Batra 79 – Selling a Donkey and its Foal

One who sells a donkey has sold its foal, but if one sells a cow, he has not sold its calf. If one sells a dump, he has sold its manure. If one sells a pit, he has sold its waters. If one sells a beehive, he has sold the bees. If one sells a dovecote, he has sold the doves. In all these cases, the contents are considered subsidiary to and are sold along with the primary item that contains them.

Why is a donkey different from a cow? In this case, he said, "I am selling you a nursing donkey." For the cow, this may be interpreted as buying the cow for its milk, but the non-kosher milk of a donkey is useless to the buyer, and therefore the "nursing" adds its foal to the sale.

Art: A Spring Day, or Beehives by Sergey Ivanovich Svetoslavsky

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

Bava Batra 77 – Sale of a Debt Obligation

One who sells a note of indebtedness to his fellow must write for him a document of sale that states, "Acquire the promissory note and whatever lien is in it." If he does not do so, the buyer acquires only the paper on which it is written for use, such as a bottle stopper. The sale would then become void because of the law against overcharge.

If one says to his fellow, "Sell me this yoke for 200 zuz," then it is evident that the yoke alone is not sold for this amount, and thus, the oxen are included. But the Sages say," The purchase price is no proof." It may be viewed as a gratuity that the buyer gives to the seller or an overpayment, in which case the sale would be voidable.

Art: Oxen Pulling a Cart by Rosa Bonheur