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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Bava Basra 76

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.


(a) The Beraisa states 'Sefinah Nikneis bi'Meshichah'.
What does Rebbi Nasan (who adds two points) say? What does 'Osiyos' mean?

(b) What is the problem with ...

  1. ... Rebbi Nasan's statement?
  2. ... the Tana Kama's statement (even after we add 've'Osiyos bi'Mesirah' to it)?
(c) So how do we amend Rebbi Nasan's statement?
(a) What would Rebbi Nasan hold if one were to acquire Osiyos with Mesirah alone?

(b) And what does he mean when he says that one acquires Osiyos with a Sh'tar?

(c) According to both Tana'im, one cannot acquire a Sh'tar-Chov with Meshichah.
Why not?

(d) Rebbi Nasan statement 'Sefinah bi'Meshichah' appears to tally with the Tana Kama's opinion.
How do we initially interpret their Machlokes?

(a) We conclude that Rebbi Nasan and the Tana Kama do not argue with regard to acquiring a ship through Meshichah.
Like whom do they then hold, like Rav or Shmuel?

(b) Then over what are they arguing?

(c) This too, is not a new Machlokes.
Which Tana'im argued over the same point before?

(d) Rebbi, in another Beraisa, says 'Osiyos Niknos bi'Mesirah'.
What do the Chachamim say?

Answers to questions



(a) In another Beraisa, Rebbi says 'Sefinah Nikneis bi'Mesirah'.
What do the Chachamim say? How, according to them, could one acquire a ship, other than by means of Meshichah?

(b) In that case, having established the Tana Kama of Rebbi Nasan like Rebbi, why does one require Meshichah to acquire the ship? Why not with Mesirah?

(c) Why is Mesirah not Koneh in a Simta?

(a) Abaye and Rava categorize the locations of the various Kinyanim. Mesirah acquires in the Reshus ha'Rabim and in a Chatzer that belongs exclusively to the seller.
In which equivalent two locations is Meshichah Koneh?

(b) In which locations does Hagbahah acquire?

(c) If Rebbi is speaking in a Reshus ha'Rabim, what do the Chachamim mean when they say ...

  1. ... 'ad she'Yimshachenah'?
  2. ... 'O ad she'Yiskor es Mekomo'? What rights of ownership does one have in a Reshus ha'Rabim?
(a) Like which Tana do we initially establish Abaye and Rava with regard to Mesirah?

(b) We conclude however, that even the Chachamim would agree that a ship can be acquired in the Reshus ha'Rabim with Mesirah.
When is that?

(c) In which case do they then argue with Rebbi to require specifically Meshichah?

(d) In that case, why does Rebbi validate Mesirah?

(a) According to Rav Papa, what does someone who acquires a Sh'tar-Chov need to specify?

(b) Where does he specify this? Like which Tana does Rav Papa hold?

(c) Does this mean, Rav Ashi asked Rav Kahana, that if the seller fails to write this, the purchaser only acquires the Sh'tar to use as a bottle-stopper.
What is the basis of Rav Ashi's Kashya? What does he personally hold?

(d) What was Rav Kahana's reply?

Answers to questions

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