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 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.
1) THE BUYER'S VESSELS IN THE SELLER'S PREMISES
(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;
2) MESHICHAH OF THINGS THAT CAN BE LIFTED
1. If (the buyer or seller) unloaded and brought it
into his house: if he set the price before
measuring, neither party can retract;
(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.
2. If he set the price after measuring, either party
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!
(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
(f) Answer (Ravina): Until they set the price, neither
(g) Answer #4 (Ravina - Rav and Shmuel): The buyer's vessels
acquire for him everywhere...(except for in a public
1. Question: What does this come to include?
(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).
2. Suggestion: It includes the seller's premises.
(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
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
(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
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;
3) MEASURING OUT PART OF THE SALE
1. Produce can be lifted, yet he acquires through
(j) Answer: The case is, they are great loads, they cannot be
(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
(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
(n) Answer: A small animal digs its claws in the dirt
(Rashbam; R. Chananel - scratches), therefore it is hard
2. Even though it can be lifted, it is acquired through
(a) (Rav and Shmuel): If Reuven sold to Shimon 'A Kor (of
grain) for 30 (Sela'im)', either can retract until all is
(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
1. Each amount is acquired, even though the vessel is
(d) Answer: The case is, he said 'A Hin for 12, each Log for
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.