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BAVA BASRA 87
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SUMMARY

1. The Gemara explains why the Mishnah says that a person who wants to acquire a field of flax may do so by harvesting some of it.
 
2. If a middleman is buying oil from a wholesaler using his own barrel and his barrel breaks, it is his loss.
 
3. There is a dispute in the Mishnah about who is responsible for the loss when a boy is sent by his father to buy oil, and he receives change. He then breaks the jar of oil, the oil spills out and is lost, and he loses the change.
 
4. The Gemara explains the dispute (#3).
 
5. There is a dispute about whether this explanation (#4) also explains who is responsible to pay for the broken bowl of oil.

A BIT MORE

1. The Gemara explains that this is actually a mode of acquisition called Chazakah (if he harvests in a way which makes the land fit for the next plowing, -Rashbam), though which one may acquire land, and it is not a regular act of pulling which is fit for movable objects. Otherwise, he would not be able to acquire the flax attached to the ground by pulling some of it out of the ground.
 
2. By using his own vessel he acquired the oil for himself, and he cannot claim to be just a representative of the buyer.
 
3. Tana Kama: The storekeeper is liable to pay for the damages. Rebbi Yehudah: The storekeeper is exempt from paying for the damages.
 
4. The Gemara explains that, with regard to the lost oil and change, the dispute is whether the father sent the child merely to inform Shimon to send the oil and change to him with an adult (Tana Kama), or whether the father wanted Shimon to send them with the child (Rebbi Yehudah).
 
5. Some say that the case refers to a storekeeper also sells jars for the oil, so the same dispute applies. Others say that the jar belonged to the buyer, and the argument is whether the storekeeper is responsible for what happens to it if he used it to measure the oil, which he was not instructed to do.

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