Talmud Bavli
Talmud Bavli

Commentary for Bava Batra 126:6

תא שמע ולא את הגג בזמן שיש לו מעקה גבוה עשרה טפחים

Shall we say [that the following Mishnah] supports R. Dimi: The vendor does not transfer the well and the cistern even though he inserts the words 'depth and height'?<span class="x" onmousemove="('comment',' Infra 64a. ');"><sup>9</sup></span> Now if you should assume that the space below and above is transferred automatically, then the insertion of the words 'depth and height' should avail to transfer well, cistern and cavities [should they not]? — [We suppose the Mishnah to refer to the case] where these words were not inserted.<span class="x" onmousemove="('comment',' And if they are, they avail to effect the transfer of well and cistern. ');"><sup>10</sup></span> But the Mishnah distinctly says, 'although he inserts the words [depth and height']? — We must explain the Mishnah thus: Even if these words are not actually inserted they are regarded as being inserted for the purpose of transferring the space below and above; and as regards a well and a cistern, if the words 'depth and height' are inserted, these are transferred, but otherwise not.<span class="x" onmousemove="('comment',' And we do not require the words, 'from the depth of the earth to the height of heaven'. ');"><sup>11</sup></span> Come and hear:<span class="x" onmousemove="('comment',' This is a further argument in support of R. Dimi's view, ');"><sup>12</sup></span> NOR THE ROOF SO LONG AS IT HAS A PARAPET TEN HANDBREADTHS HIGH.

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