POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Bava Basra 77
BAVA BASRA 76& 77- sponsored by Harav Ari Bergmann of Lawrence,
N.Y., out of love for the Torah and for those who study it.
1) SALE OF OSIYOS (cont.)
(a) Version #1 - Rashbam - (Ameimar): The Halachah follows
Rebbi, Osiyos are acquired through Mesirah.
(b) Version #2 - Tosfos - (Ameimar): The Halachah follows
Chachamim, Osiyos are not acquired through Mesirah. (End
of Version #2)
(c) Rav Ashi: Did you hear that, or do you say it from
(d) Ameimar: I heard it.
(e) Rav Ashi: Reasoning also says so!
1. Osiyos are Mili (have no intrinsic value), they
cannot be acquired through Mili (Rashbam - another
document; Tosfos - Mesirah).
(f) Question: But Rabah bar Yitzchak taught, there are two
laws of documents:
1. If the seller said 'Acquire the field for Ploni
(e.g. Chalifin) and write the document', he can
retract his authorization of a document, but not the
gift (the people present acquired immediately for
2. If he said 'Acquire the field for him on condition
that you write the document', he can retract the
document and the gift (until Ploni receives the
3. (R. Chiya bar Avin): There is a third law, if the
seller wrote the document in the buyer's absence;
2) WHAT IS INCLUDED WITH A WAGON
(g) Answer: Agav is different (it is a strong acquisition).
i. A seller may write the document in the buyer's
4. When the buyer makes Chazakah on the field, he
acquires the document, wherever it is. (Ran - even
if it contains extra rights for the buyer, i.e.
i. (Mishnah): Metaltelim can be acquired Agav
(along with acquisition of) land, through
money, a document or Chazakah. (Rashbam - the
document is acquired just because the seller
wants to give it; Tosfos - Agav is a weak
acquisition, like Mili, and it works.)
(h) Support: Agav is stronger than Chalifin regarding money:
money is not acquired through Chalifin, but it is
acquired Agav land.
1. Rav Papa had 12,000 Dinarim in Bei Chuza'i; he gave
them to Rav Shmuel bar Acha, Agav the corner of his
house, in order that the watchman would give them to
Rav Shmuel (to return to Rav Papa).
(i) (Mishnah): He did not sell the slaves, bags or Antiki.
(j) Question: What is Antiki?
(k) (Rav Papa): The merchandise in the ship.
(a) (Mishnah): If one sells a wagon, he did not sell the
mules; if he sold the mules, he did not sell the wagon.
(b) If one sells a yoke, he did not sell the oxen; if he sold
the oxen, he did not sell the yoke;
(c) R. Yehudah says, the price indicates whether or not he
sold the oxen;
1. If he sold a yoke for 200 Zuz, surely this includes
(d) Chachamim say, the price is not a proof.
(e) (Gemara - Rav Tachlifa bar Ma'arava - Beraisa): If one
sells a wagon, he sells the mules.
(f) R. Avahu: But our Mishnah says, he did not sell the
(g) Rav Tachlifa: I will no longer recite this Beraisa (it is
(h) R. Avahu: It is not mistaken - the case is, the mules are
attached to the wagon.
(i) (Mishnah): If one sells a yoke, he did not sell the
(j) Question: What is the case?
1. If people (only) call a yoke a yoke, and (only) call
oxen oxen, obviously, the oxen are not sold!
(k) Answer #1: Rather, 'yoke' refers to the yoke and the
(l) Rejection: If so, he surely sold the oxen as well!
(m) Answer #2: Rather, (most) people call a yoke a yoke, and
call oxen oxen, and a minority use 'yoke' to refer to the
oxen as well.
1. R. Yehudah says, the price indicates what he sold;
Chachamim say, the price is not a proof.