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Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld

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Bava Basra 86

BAVA BASRA 86 - dedicated by Mr. and Mrs. D. Kornfeld in honor of the engagement of Avi Turkel to Estie Isseroff. May they build a Bayis Ne'eman b'Yisrael and be a constant source of Nachas to both of their families.


(a) Answer #3 (Rava - Beraisa): (His - Tosfos deletes this from the text) donkey-drivers or workers pulled the merchandise into his house: whether he set the price before or after measuring, either party can retract;
1. If (the buyer or seller) unloaded and brought it into his house: if he set the price before measuring, neither party can retract;
2. If he set the price after measuring, either party can retract.
3. Just as the seller's vessels do not acquire in the buyer's premises, also the buyer's vessels do not acquire in the seller's premises!
(b) Rejection #1 (Rav Nachman bar Yitzchak): The merchandise was dumped onto the floor of the buyer's premises, it was not unloaded into vessels.
(c) Objection (Rava): You cannot say that, the Beraisa does not say 'dumped', it says 'unloaded'!
(d) Rejection #2 (Mar bar Rav Ashi): The merchandise was bundles of garlic, which are not put into vessels.
(e) Question (Huna brei d'Mar Zutra): Once it is in the buyer's premises, once the seller wants the buyer to acquire, he should acquire, even without setting the price!
(f) Answer (Ravina): Until they set the price, neither decides absolutely.
(g) Answer #4 (Ravina - Rav and Shmuel): The buyer's vessels acquire for him everywhere...(except for in a public domain).
1. Question: What does this come to include?
2. Suggestion: It includes the seller's premises.
(h) Rejection: The case is, the seller told him to acquire (it is as if the seller lent his premises to the buyer in order to acquire).
(a) (Mishnah): Land is acquired through money, a document or Chazakah; Metaltelim are only acquired through Meshichah.
(b) (Rav Chisda or Rav Kahana or Rava): That only applies to things that are not normally lifted;
1. Things that are normally lifted are acquired through Hagbahah, not Meshichah.
(c) Question (Rav Ada bar Masnah - Beraisa): If one steals a wallet on Shabbos, he must pay - he is liable for stealing (from the moment he picked it up) before he is liable for desecrating Shabbos (when he comes to the public domain)
1. If he was dragging it out, he need not pay, the liabilities come at the same time (since he is liable to die, he need not pay). 2. Even though a wallet can be lifted, he acquires it through Meshichah!
(d) Answer (Abaye): The case is, the wallet has a rope on it.
(e) Question (Rav Ada): I agree, he drags it by a rope, but still, it is fitting to be lifted!
(f) Answer (Abaye): I meant, the wallet is very heavy, it is fitting to be dragged by a rope.
(g) Question (Beraisa): In the seller's premises, he does not acquire until he does Hagbahah or takes it out of the premises;
1. Inference: The case is, it can be lifted; it can be acquired through Hagbahah or Meshichah!
(h) Answer (Rav Nachman bar Yitzchak): The Beraisa puts together the laws of two different cases: something that can be lifted is acquired through Hagbahah; something that cannot be lifted is acquired through Meshichah.

(i) Question (Mishnah): If Reuven sold produce to Shimon and he did Meshichah but did not measure it, Shimon acquires;
1. Produce can be lifted, yet he acquires through Meshichah!
(j) Answer: The case is, they are great loads, they cannot be lifted.
(k) Question (end of the Mishnah): If Shimon buys flax from Reuven, he does not acquire until he moves it from place to place (i.e. Hagbahah);
1. Flax also can be sold in great loads!
(l) Answer: Flax is slippery (Rashbam - therefore, people do not make big loads of it; R. Chananel - therefore, even a big load is not usually dragged, therefore Hagbahah acquires it).
(m) Question (Ravina - Mishnah - R. Meir and R. Shimon ben Elazar): A large animal is acquired through Mesirah, a small animal is acquired through Hagbahah;
1. Chachamim say, a small animal is acquired through Meshichah.
2. Even though it can be lifted, it is acquired through Meshichah!
(n) Answer: A small animal digs its claws in the dirt (Rashbam; R. Chananel - scratches), therefore it is hard to lift.
(a) (Rav and Shmuel): If Reuven sold to Shimon 'A Kor (of grain) for 30 (Sela'im)', either can retract until all is measured out;
(b) If he said 'A Kor for 30, each Se'ah for a Sela', after each Se'ah is measured out, neither can retract (the sale of that Se'ah).
(c) Question (Beraisa): If the measure belongs to one of them, the buyer acquires every amount as it enters the vessel;
1. Each amount is acquired, even though the vessel is not full!
(d) Answer: The case is, he said 'A Hin for 12, each Log for a Sela';
1. Just as Rav Kahana taught, that the Hin measure in the Mikdash had notches to denote how many Lugim are inside, this measure had notches.
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