When a person sells a ship, included in the sale are the mast, the sail, its anchors, the ropes used to steer it, the ramp and the ladder with which one ascends to the ship and descends to its lower deck, and the reservoir of drinking water it contains. Not included in the sail is the beitzit - the small boat in which one sails to land, the dugit - the small boat with which the sailors fish - the servants who work on the ship, or the sacks and the merchandise that it contains. When the seller tells the purchaser: "I am selling you a ship and everything it contains, they are all included in the sale.
⚓ Ship = Navigation Gear
Selling a ship includes the mast, sail, anchors, oars, gangplank, ladder, and water reservoir. Not included: the small rowboat, the fishing dinghy, crew-servants, leather sacks, or cargo.
When a person sells a carriage, he has not sold the mules if they are not attached to it. If he sells the mules, he has not sold the carriage. If a person sells a yoke, he does not sell the oxen. If he sells the oxen, he does not sell the yoke. This applies even in a place where, when some people say "oxen," they are referring to a yoked team.
When a person sells a single yoke, he also sells the cow. When he sells a cow, he does not sell its yoke. When he sells a wagon, he sells the oxen. When he sells oxen, he has not sold the wagon. In all these matters and the like, the price of the article is no proof of the seller's intent.
🐂 Yoke ≠ Oxen, Oxen ≠ Yoke
The yoke and the animals are legally separate unless explicitly linked. Selling a wagon includes the oxen but not vice versa. Selling a yoke includes the cow; selling the cow doesn't include the yoke.
When a person sells a donkey, included in the sale are the saddlecloth and the saddle, even though they are not on the donkey. The saddle-bags and a riding seat for women are not included in the sale, even if they are on the donkey at the time of the sale.
The price paid for an article is not considered to be proof of the seller's intent. If the purchaser erred with regard to a sum that one might ordinarily err, the laws of ona'ah are applied, or the transaction is nullified, as is the law with regard to any seller and purchaser. If, however, the error is inordinately greater than one would make, the transaction is not nullified. We assume that the extra money is a present that the purchaser gave the seller, and the purchaser receives merely a donkey without its saddlebags. The same applies in all analogous situations: We do not bring proof of the seller's intent from the price.
When a person sells a maid-servant, included in the sale are all the garments she is wearing, even if there are one hundred. Nevertheless, jewelry - e.g., a bracelet, a nose ring, a finger ring or a choker worn around the neck - are not included in the sale. If the seller says: "I am selling you a maid-servant and everything that is upon her," even if she is wearing articles that are worth 100 maneh, they are all included in the sale.
🫏 Riding Gear Goes With the Donkey
Selling a donkey includes the saddlecloth and saddle even if not on it — but not saddle-bags or a women's seat. Selling a maid-servant includes all clothing she wears but not jewelry. The price paid is not proof of what was included.
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Pregnant and Nursing Animals — What the Description Conveys
If a person tells a colleague, "I am selling you a pregnant maid-servant," or "I am selling you a pregnant cow," the fetus is sold together with the mother. If a person tells a colleague, "I am selling you a nursing maid-servant," or "I am selling you a nursing cow," the infant or the calf is not included in the sale. If a person tells a colleague, "I am selling you a nursing donkey, the donkey colt is included in the sale, because no one ever sells a donkey for its milk.
🐄 Pregnant vs. Nursing
'Pregnant cow' — the calf is included. 'Nursing cow' — the calf is not included. Exception: a nursing she-donkey includes the foal, since no one buys a donkey for its milk.
If a person tells a colleague, "I am selling you the head of this servant," or "... of this donkey," half of the animal is included in the sale. Similar laws apply with regard to any organ on which the life of the animal depends. If the seller tells the purchaser: "The hand of this servant..." or "the forearm of this donkey is sold to you," an evaluation is made between them. Similar laws apply with regard to any organ on which the life of the animal does not depend. If he tells him: "I am selling you the head of this cow," only the head is included in the sale, for the head of a cow is always being sold in butcher shops.
When a person sells the head of a large animal, the feet are not included in the sale. If he sells the feet, the head is not sold. If he sells the windpipe, the liver is not sold. If he sells the liver, the windpipe is not sold. With regard to a small animal, however, different laws apply. When a person sells the head, the feet are included in the sale. If he sells the feet, the head is not sold. If he sells the windpipe, the liver is sold. If he sells the liver, the windpipe is not sold.
When a person sells a water reservoir, the water is not included in the sale. When he sells a garbage dump, the garbage is included in the sale. When he sells a beehive, the bees are included in the sale. When he sells a dovecote, the doves are included in the sale.
🐾 Head Means Half an Animal
Selling the 'head' of a slave or donkey includes half the animal. Selling a cow's head is just the head — it's sold separately in butcher shops. For large animals, head and legs are separate; for small animals, selling the head includes the legs.
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🎓 Key Principles
Chapter 27
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Functional Equipment Travels With the Vessel A ship's sale includes all items integral to navigation — mast, sail, anchors, oars. Items that are separate economic entities (the fishing dinghy, the rowboat, crew, cargo) are not included. The question is whether the item serves the vessel's operation.
🐂
Animals and Their Equipment Are Legally Separate The halacha draws consistent distinctions: a yoke is not an ox; a wagon is not the mules. They can be sold together or apart. Neither's sale implies the other's, because they are independent economic objects.
💰
Price Is Not Proof of What Was Included The price paid cannot be used as evidence of what the sale included. If there was an error within the range of ona'ah, normal ona'ah rules apply; if the price excess is extreme, we assume it was a gift — but the items sold remain only those explicitly or standardly included.
🔍
The Description of the Sale Object Controls Pregnant vs. nursing, head vs. hand — the exact words used in a sale determine what is transferred. These distinctions are precise and counterintuitive (nursing donkey includes the foal; nursing cow does not), reflecting the practical reality of how these animals are used.