Thus, according to the author’s view, the upper stone is not included. Yet there is no doubt that it should be included, because a millstone cannot exist without an upper stone; moreover, if the seller takes this upper stone, he will not benefit from it except in conjunction with the lower one.
The correct view regarding the millstone, then, is that it is included if it is set into the ground—that is, firmly fixed—for in that case the upper stone is included just as the lower stone is included.
Except for what has been deposited in it, such as treasure and stones, and anything separate from it, such as a rope, bucket, pulley, lock, furnishings, and key.
His statement, “except for what has been deposited in it, such as treasure”: Treasure deposited in the ground is not included in the sale, because it is separate from it. Thus, if the buyer finds treasure in this land, it is not included in the sale; rather, it belongs to its owner, if it bears an inscription or something similar. If it bears no such inscription, then it belongs to the one who finds it, because it was not included in the sale. For example, if you hired workers to dig a cesspit in the house, and they found this treasure while digging, it belongs to the workers—unless you hired them specifically to dig for the treasure, in which case it belongs to you. Accordingly, if the buyer finds buried treasure, the seller has no right to demand it, claiming, “The treasure is mine,” unless he establishes by proof that it is his, because treasure is not an appurtenance of the land.
His statement, “and stones”: Some stones have value and may be buried in the ground, then found by this person. We say that such a stone is not included with the house, because it was deposited there. If it was deposited there, it is not included. As for a stone that is naturally part of the land, it is included, because it is part of the land’s natural composition.
His statement, “and anything separate from it”: Likewise, whatever is separate from it is not included. An example of this is his statement: