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CHARTS FOR LEARNING THE DAILY DAF
brought to you by Kollel Iyun Hadaf of Har Nof
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Bava Basra Chart #3
Bava Basra Daf 76a-b
IN WHICH TYPE OF DOMAIN IS EACH KINYAN EFFECTIVE?(1)
DOMAIN OF THE SELLER
RESHUS HA'RABIM, OR A DOMAIN OF A THIRD PARTY
SIMTA, OR A DOMAIN OWNED BY BOTH PARTIES
DOMAIN OF THE BUYER
(1) Not every object can be acquired with every type Kinyan. This chart
shows only *where* a Kinyan can possibly work, if a certain type of Kinyan
works in the first place for a certain object.
(2) When the buyer lifts the object three Tefachim (or one Tefach; see
Tosfos in Bava Kama 29b, DH Ela) in the domain of the seller, it is
considered as though he has brought the object into his own domain.
Therefore Hagbahah is more effective than Meshichah and works even in the
domain of the seller.
(3) Even though this Halachah is not written explicitly in the Gemara,
nevertheless it appears that Mesirah is an effective Kinyan in the domain of
the seller, like Hagbahah, since it does not work in a manner similar to
"Chatzer" (as does Meshichah), as we find that it is effective in Reshus
ha'Rabim. Rather, Mesirah works in a manner similar to "Yad," like Hagbahah.
Nevertheless, it is less effective than Hagbahah in that Mesirah does not
work except when there is "Da'as Acheres Makneh" (as Tosfos writes on 75b,
DH Achzah, and 76a, DH Iy).
(4) For an object that can be acquired through Meshichah, Mesirah will *not*
work in a Simta or in the domain of the buyer, according to the RASHBAM
(76b, DH Lo Kasha) and the RI (76a, in Tosfos DH Sefinah), since it is
possible to do Meshichah, and Meshichah is a preferable form of Kinyan.
According to RABEINU TAM (cited by Tosfos ibid.), Mesirah is effective in
such a case.
(5) Meshichah works mid'Rabanan, because it is considered as though the
buyer is bringing the object into his domain. It is similar in this sense to
the Kinyan of Chatzer (which is mid'Oraisa). Therefore, Meshichah works only
when the object is pulled into an area in which the buyer owns a share. (See
above footnote #3.)
(6) However, if the buyer leased the area from the seller, than the Kinyan
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