Commentary for Bava Batra 69:3

התם להאי

But why should the ruling here be different from what we have learnt: 'If a man exchanges a cow for an ass and it calves, and similarly if a man sells a female slave and she bears a child, if the seller says that the birth took place before the sale<span class="x" onmousemove="('comment',' Lit., 'before I sold it, I.e., before the purchaser had taken possession, and therefore the offspring was not included in the sale. ');">⁵</span> and the purchaser that it took place after the sale,<span class="x" onmousemove="('comment',' Lit., 'since I bought it.' ');">⁶</span> they must share the offspring'?<span class="x" onmousemove="('comment',' The transaction has to be one of exchange and not of sale in the case of the cow, for the reason that, in the case of all movables except human beings, a transaction of sale is not completed until the article bought is 'pulled' by the purchaser. Hence no dispute would have been possible about the calf. In the case of an exchange, however, the transaction is concluded as soon as the article given in exchange-here, the ass-is handed over. V. B.M. 100a. ');">⁷</span> In that case each

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