הַמּוֹכֵר אֶת הַסְּפִינָה, מָכַר אֶת הַתֹּרֶן וְאֶת הַנֵּס וְאֶת הָעוֹגִין וְאֶת כָּל הַמַּנְהִיגִין אוֹתָהּ, אֲבָל לֹא מָכַר לֹא אֶת הָעֲבָדִים, וְלֹא אֶת הַמַּרְצוּפִין, וְלֹא אֶת הָאַנְתִּיקִי. וּבִזְמַן שֶׁאָמַר לוֹ הִיא וְכָל מַה שֶּׁבְּתוֹכָהּ, הֲרֵי כֻלָּן מְכוּרִין. מָכַר אֶת הַקָּרוֹן, לֹא מָכַר אֶת הַפְּרָדוֹת. מָכַר אֶת הַפְּרָדוֹת, לֹא מָכַר אֶת הַקָּרוֹן. מָכַר אֶת הַצֶּמֶד, לֹא מָכַר אֶת הַבָּקָר. מָכַר אֶת הַבָּקָר, לֹא מָכַר אֶת הַצֶּמֶד. רַבִּי יְהוּדָה אוֹמֵר, הַדָּמִים מוֹדִיעִין. כֵּיצַד, אָמַר לוֹ מְכוֹר לִי צִמְדְּךָ בְּמָאתַיִם זוּז, הַדָּבָר יָדוּעַ שֶׁאֵין הַצֶּמֶד בְּמָאתַיִם זוּז. וַחֲכָמִים אוֹמְרִים, אֵין הַדָּמִים רְאָיָה: One who sells a ship has sold along with it the toren, and the nes, and the ogin, and all of the equipment that is used for directing it. But he has not sold the slaves who serve as oarsmen, nor the packing bags that are used for transporting goods, nor the antikei on the ship. And when one said to the buyer: You are purchasing it, the ship, and all that it contains, all of these latter elements are also sold. One who sold a wagon [hakkaron] has not sold the mules that pull the wagon. Similarly, if one sold the mules, he has not sold the wagon. One who sold a yoke [hatzemed] has not sold the oxen, and one who sold the oxen has not sold the yoke. Rabbi Yehuda says: The sum of money indicates what one has sold. How so? If the buyer said to the seller: Sell me your yoke for two hundred dinars, since it is a known matter that a yoke is not sold for two hundred dinars he clearly intended to purchase the oxen as well. And the Rabbis say: The sum of money is not proof.
הַמּוֹכֵר אֶת הַחֲמוֹר, לֹא מָכַר כֵּלָיו. נַחוּם הַמָּדִי אוֹמֵר, מָכַר כֵּלָיו. רַבִּי יְהוּדָה אוֹמֵר, פְּעָמִים מְכוּרִין וּפְעָמִים אֵינָן מְכוּרִין. כֵּיצַד, הָיָה חֲמוֹר לְפָנָיו וְכֵלָיו עָלָיו, וְאָמַר לוֹ מְכוֹר לִי חֲמוֹרְךָ זֶה, הֲרֵי כֵלָיו מְכוּרִין. חֲמוֹרְךָ הוּא, אֵין כֵּלָיו מְכוּרִין: One who sells a donkey has not sold its vessels, i.e., its equipment, with it. Naḥum the Mede says: He has sold its vessels. Rabbi Yehuda says: There are times when the vessels are sold, and there are times when they are not sold. How so? If the donkey was before him and its vessels were on it, and the buyer said to him: Sell me this donkey of yours, its vessels are sold. If the buyer said to him: Is the donkey yours; I wish to purchase it, its vessels are not sold.
הַמּוֹכֵר אֶת הַחֲמוֹר, מָכַר אֶת הַסְּיָח. מָכַר אֶת הַפָּרָה, לֹא מָכַר אֶת בְּנָהּ. מָכַר אַשְׁפָּה, מָכַר זִבְלָהּ. מָכַר בּוֹר, מָכַר מֵימָיו. מָכַר כַּוֶּרֶת, מָכַר דְּבוֹרִים. מָכַר שׁוֹבָךְ, מָכַר יוֹנִים. הַלּוֹקֵחַ פֵּרוֹת שׁוֹבָךְ מֵחֲבֵרוֹ, מַפְרִיחַ בְּרֵכָה רִאשׁוֹנָה. פֵּרוֹת כַּוֶּרֶת, נוֹטֵל שְׁלֹשָׁה נְחִילִין וּמְסָרֵס. חַלּוֹת דְּבַשׁ, מַנִּיחַ שְׁתֵּי חַלּוֹת. זֵיתִים לָקֹץ, מַנִּיחַ שְׁתֵּי גְרוֹפִיּוֹת: One who sells a female donkey has sold its foal along with it. But one who sold a cow has not sold its young. One who sold a dunghill has sold its manure. One who sold a cistern has sold its water. One who sold a beehive has sold the bees in it, and likewise one who sold a dovecote has sold the doves. One who buys the produce of a dovecote from another, i.e., the doves that will hatch over the course of the year in a dovecote, must leave [mafriaḥ] the first pair of doves from the brood for the seller. If one buys the produce of a beehive, i.e., all the bees produced from a beehive over the course of the year, the buyer takes three swarms and then the seller renders the bees impotent, so that they will stop producing offspring and instead produce only honey. One who buys honeycombs must leave two combs. If one buys olive trees for felling, he must leave two shoots for the seller.
הַקּוֹנֶה שְׁנֵי אִילָנוֹת בְּתוֹךְ שְׂדֵה חֲבֵרוֹ, הֲרֵי זֶה לֹא קָנָה קַרְקַע. רַבִּי מֵאִיר אוֹמֵר, קָנָה קַרְקַע. הִגְדִּילוּ, לֹא יְשַׁפֶּה. וְהָעוֹלֶה מִן הַגֶּזַע, שֶׁלּוֹ. וּמִן הַשָּׁרָשִׁים, שֶׁל בַּעַל הַקַּרְקַע. וְאִם מֵתוּ, אֵין לוֹ קַרְקַע. קָנָה שְׁלֹשָׁה, קָנָה קַרְקַע. הִגְדִּילוּ, יְשַׁפֶּה. וְהָעוֹלֶה מִן הַגֶּזַע וּמִן הַשָּׁרָשִׁין, שֶׁלּוֹ. וְאִם מֵתוּ, יֶשׁ לוֹ קַרְקַע: With regard to one who buys two trees in the field of another, this one has not acquired any ground, but only the trees. Rabbi Meir says: He has acquired the ground under them. The mishna states a halakha in accordance with the opinion of the first tanna: If the trees grew, the owner of the field may not cut down their branches, despite the fact that their shade damages his field. And that which grows out of the trunk is his, i.e., it belongs to the owner of the tree, but that which grows out of the roots belongs to the owner of the ground. And if the trees died, their owner has no rights to the ground where the trees had stood. If one bought three trees, he has acquired the ground along with them. If they grew, the owner of the field may cut down their branches, as he sold a specific piece of land along with the trees, not his entire field. And that which grows out of the trunk and out of the roots is his, i.e., it belongs to the owner of the trees. And if the trees died, the owner of the trees still has possession of the ground, as it was sold along with the trees.
הַמּוֹכֵר רֹאשׁ בְּהֵמָה גַסָּה, לֹא מָכַר אֶת הָרַגְלָיִם. מָכַר אֶת הָרַגְלַיִם, לֹא מָכַר אֶת הָרֹאשׁ. מָכַר אֶת הַקָּנֶה, לֹא מָכַר אֶת הַכָּבֵד. מָכַר אֶת הַכָּבֵד, לֹא מָכַר אֶת הַקָּנֶה. אֲבָל בְּדַקָּה, מָכַר אֶת הָרֹאשׁ, מָכַר אֶת הָרַגְלָיִם. מָכַר אֶת הָרַגְלַיִם, לֹא מָכַר אֶת הָרֹאשׁ. מָכַר אֶת הַקָּנֶה, מָכַר אֶת הַכָּבֵד. מָכַר אֶת הַכָּבֵד, לֹא מָכַר אֶת הַקָּנֶה: One who sells the head of a large domesticated animal has not sold along with it the forelegs, as each part is considered important in its own right. All the more so, if one sold the forelegs he has not sold the head. Similarly, if one sold the windpipe and the lungs he has not sold the liver, despite the fact that they are sometimes attached, and if he sold the liver he has not sold the windpipe and lungs. But in the case of small domesticated animals, if one sold the head he has sold the forelegs, although if one sold the legs he has not sold the head. Likewise, if one sold the windpipe and lungs he has sold the liver, but if he sold the liver he has not sold the windpipe and lungs.
אַרְבַּע מִדּוֹת בַּמּוֹכְרִין. מָכַר לוֹ חִטִּים יָפוֹת וְנִמְצְאוּ רָעוֹת, הַלּוֹקֵחַ יָכוֹל לַחֲזֹר בּוֹ. רָעוֹת וְנִמְצְאוּ יָפוֹת, מוֹכֵר יָכוֹל לַחֲזֹר בּוֹ. רָעוֹת וְנִמְצְאוּ רָעוֹת, יָפוֹת וְנִמְצְאוּ יָפוֹת, אֵין אֶחָד מֵהֶם יָכוֹל לַחֲזֹר בּוֹ. שְׁחַמְתִּית וְנִמְצֵאת לְבָנָה, לְבָנָה וְנִמְצֵאת שְׁחַמְתִּית, עֵצִים שֶׁל זַיִת וְנִמְצְאוּ שֶׁל שִׁקְמָה, שֶׁל שִׁקְמָה וְנִמְצְאוּ שֶׁל זַיִת, יַיִן וְנִמְצָא חֹמֶץ, חֹמֶץ וְנִמְצָא יַיִן, שְׁנֵיהֶם יְכוֹלִין לַחֲזֹר בָּהֶן: There are four basic cases with regard to sellers and buyers. If the seller sold him wheat and said that the wheat was good, and it is found to be bad, the buyer, but not the seller, can renege on the sale. If the seller sold him what he thought was bad wheat and it is found to be good, the seller can renege on the sale but the buyer cannot. If he sold bad wheat and it is found to be bad, or good wheat and it is found to be good, neither one of them can renege on the sale, as the condition of the sale was met. If the seller sold reddish-brown wheat and it is found to be white, or white wheat and it is found to be reddish-brown, and similarly, if he sold olive wood and it is found to be wood of a sycamore, or he sold wood of a sycamore and it is found to be wood of an olive tree, or if the seller sold him wine and it is found to be vinegar, or vinegar and it is found to be wine, in all of these cases both the seller and the buyer can renege on the sale. Since the sale was for a different item than that which was delivered, the transaction can be nullified even if there was no mistake with regard to the price.
הַמּוֹכֵר פֵּרוֹת לַחֲבֵרוֹ, מָשַׁךְ וְלֹא מָדַד, קָנָה. מָדַד וְלֹא מָשַׁךְ, לֹא קָנָה. אִם הָיָה פִקֵּחַ, שׂוֹכֵר אֶת מְקוֹמָן. הַלּוֹקֵחַ פִּשְׁתָּן מֵחֲבֵרוֹ, הֲרֵי זֶה לֹא קָנָה עַד שֶׁיְּטַלְטְלֶנּוּ מִמָּקוֹם לְמָקוֹם. וְאִם הָיָה בִמְחֻבָּר לַקַּרְקַע וְתָלַשׁ כָּל שֶׁהוּא, קָנָה: This mishna discusses several methods of acquiring movable property. With regard to one who sells produce to another, if the buyer pulled the produce but did not measure it, he has acquired the produce through the act of acquisition of pulling. If he measured the produce but did not pull it, he has not acquired it, and either the seller or the buyer can decide to rescind the sale. If the buyer is perspicacious and wants to acquire the produce without having to pull it, and he wishes to do so before the seller could change his mind and decide not to sell, he rents its place, where the produce is located, and his property immediately effects acquisition of the produce on his behalf. With regard to one who buys flax from another, because flax is usually carried around this purchaser has not acquired it until he carries it from place to place and acquires it by means of the act of acquisition of lifting. Pulling the flax is ineffective. And if it was attached to the ground, and he detached any amount, he has acquired it, as the Gemara will explain.
הַמּוֹכֵר יַיִן וָשֶׁמֶן לַחֲבֵרוֹ וְהוּקְרוּ אוֹ שֶׁהוּזְלוּ, אִם עַד שֶׁלֹּא נִתְמַלְּאָה הַמִּדָּה, לַמּוֹכֵר. מִשֶּׁנִּתְמַלְּאָה הַמִּדָּה, לַלּוֹקֵחַ. וְאִם הָיָה סַרְסוּר בֵּינֵיהֶן, נִשְׁבְּרָה הֶחָבִית, נִשְׁבְּרָה לַסַּרְסוּר. וְחַיָּב לְהַטִּיף לוֹ שָׁלֹשׁ טִפִּין. הִרְכִּינָהּ וּמִצָּה, הֲרֵי הוּא שֶׁל מוֹכֵר. וְהַחֶנְוָנִי אֵינוֹ חַיָּב לְהַטִּיף שָׁלֹשׁ טִפִּין. רַבִּי יְהוּדָה אוֹמֵר, עֶרֶב שַׁבָּת עִם חֲשֵׁכָה, פָּטוּר: With regard to one who sells food or drink that has an established price, such as wine and oil, to another, and the price rises or falls and the buyer or the seller wishes to renege on the sale, if the price changed before the measuring vessel is filled, the merchandise still belongs to the seller and he can cancel the sale. Once the measuring vessel is filled the merchandise belongs to the buyer, and the seller can no longer cancel the sale. And if there was a middleman [sarsur] between them and the barrel belonging to the middleman, being used to measure the merchandise, broke during the transaction and the merchandise is ruined, it broke for the middleman, i.e., he is responsible for the ruined merchandise. The mishna teaches an additional halakha with regard to sales: And anyone who sells wine, oil, or similar liquids is obligated, after he transfers the liquid into the buyer’s vessel, to drip for him three extra drops from the measure. After he drips those three drops, if he turned the barrel on its side and drained out the last bits of liquid that it contained, this belongs to the seller and he is not required to give these last drops to the buyer. And a storekeeper is not obligated to drip three drops, because he is too busy to do this constantly. Rabbi Yehuda says: If the sale occurs on Shabbat eve as nightfall arrives, one is exempt from dripping these three drops, as there is a need to complete the transaction before Shabbat begins.
הַשּׁוֹלֵחַ אֶת בְּנוֹ אֵצֶל חֶנְוָנִי וּפֻנְדְּיוֹן בְּיָדוֹ, וּמָדַד לוֹ בְּאִסָּר שֶׁמֶן וְנָתַן לוֹ אֶת הָאִסָּר, שָׁבַר אֶת הַצְּלוֹחִית וְאִבֵּד אֶת הָאִסָּר, חֶנְוָנִי חַיָּב. רַבִּי יְהוּדָה פּוֹטֵר, שֶׁעַל מְנָת כֵּן שְׁלָחוֹ. וּמוֹדִים חֲכָמִים לְרַבִּי יְהוּדָה בִּזְמַן שֶׁהַצְּלוֹחִית בְּיַד הַתִּינוֹק וּמָדַד חֶנְוָנִי לְתוֹכָהּ, חֶנְוָנִי פָטוּר: With regard to one who sends his son to a storekeeper with a pundeyon, a coin worth two issar, in his hand, and the storekeeper measured oil for him for one issar and gave him the second issar as change, and the son broke the jug and lost the issar, the storekeeper must compensate the father, as he gave the jug and coin to one who is not halakhically competent. Rabbi Yehuda exempts him from liability, as he holds that the father sent his son in order to do this, i.e., to bring back the jug and coin. And the Rabbis concede to Rabbi Yehuda with regard to a case when the jug is in the hand of the child and the storekeeper measured the oil into it that the storekeeper is exempt if the child breaks the jug.
הַסִּיטוֹן מְקַנֵּחַ מִדּוֹתָיו אַחַת לִשְׁלֹשִׁים יוֹם, וּבַעַל הַבַּיִת אַחַת לִשְׁנֵים עָשָׂר חֹדֶשׁ. רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר, חִלּוּף הַדְּבָרִים. חֶנְוָנִי מְקַנֵּחַ מִדּוֹתָיו פַּעֲמַיִם בַּשַּׁבָּת, וּמְמַחֶה מִשְׁקְלוֹתָיו פַּעַם אַחַת בַּשַּׁבָּת, וּמְקַנֵּחַ מֹאזְנַיִם עַל כָּל מִשְׁקָל וּמִשְׁקָל: A wholesaler [hassiton] must clean his measuring vessels, which are used for measuring liquids such as oil and wine, once every thirty days, because the residue of the liquids sticks to the measure and reduces its capacity. And a homeowner who sells his goods must clean his measuring vessels only once every twelve months. Rabban Shimon ben Gamliel says: The matters are reversed. In the case of one who is constantly using his vessels for selling merchandise the residue does not adhere to the measuring vessel, and therefore a wholesaler must clean his measures only once a year. But in the case of a homeowner, who does not sell as often, the residue adheres to the measuring vessel; therefore, he must clean them every thirty days. A storekeeper, who constantly sells merchandise in small quantities, cleans his measuring vessels twice a week and cleans his weights once a week; and he cleans the pans of his scales after each and every weighing, to ensure that no merchandise has adhered to the pans, thereby increasing their weight.
אָמַר רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל, בַּמֶּה דְבָרִים אֲמוּרִים, בַּלַּח. אֲבָל בַּיָּבֵשׁ, אֵינוֹ צָרִיךְ. וְחַיָּב לְהַכְרִיעַ לוֹ טֶפַח. הָיָה שׁוֹקֵל לוֹ עַיִן בְּעַיִן, נוֹתֵן לוֹ גֵרוּמָיו, אֶחָד לַעֲשָׂרָה בַּלַּח וְאֶחָד לְעֶשְׂרִים בַּיָּבֵשׁ. מְקוֹם שֶׁנָּהֲגוּ לָמֹד בַּדַּקָּה, לֹא יָמֹד בַּגַּסָּה. בַּגַּסָּה, לֹא יָמֹד בַּדַּקָּה. לִמְחֹק, לֹא יִגְדֹּשׁ. לִגְדֹּשׁ, לֹא יִמְחֹק: Rabban Shimon ben Gamliel said: In what case is this statement, that it is necessary to clean a measuring vessel, said? With regard to moist items, which are likely to adhere to the measuring vessels. But with regard to dry goods, which do not adhere to the measuring vessels, one does not need to clean his measuring vessels. And before adding the weights and merchandise the seller is obligated to let the pans of the scale that will hold the merchandise tilt an extra handbreadth for the buyer by adding a weight to that side. If the seller weighed for him exactly, i.e., with the scales equally balanced initially, instead of allowing the scales to tilt an extra handbreadth, he must give the buyer additional amounts [geirumin], an additional one-tenth in the case of liquids sold by weight, and an additional one-twentieth in the case of dry goods. The mishna continues to discuss the correct method of weighing: In a place where they were accustomed to measure merchandise in several stages with a small measuring vessel, one may not measure all the items at once with a single large measuring vessel. In a place where they measure with one large measuring vessel, one may not measure with several small measuring vessels. In a place where the custom is to level the top of the measuring vessel to remove substances heaped above its edges, one may not heap it, and where the custom is to heap it, one may not level it.