Bava Basra Chart #3
Chart for Bava Basra Daf 76a-b
IN WHICH TYPE OF DOMAIN IS EACH KINYAN EFFECTIVE? (1)
| (A) DOMAIN OF THE SELLER |
(B) RESHUS HA'RABIM, OR A DOMAIN OF A THIRD PARTY |
(C) SIMTA, OR A DOMAIN OWNED BY BOTH PARTIES |
(D) DOMAIN OF THE BUYER |
||
| 1 | HAGBAHAH | Yes (2) | Yes | Yes | Yes |
| 2 | MESIRAH | Yes (3) | Yes | Yes (4) | Yes (4) |
| 3 | MESHICHAH | No (5) | No (5) | Yes | Yes |
| 4 | CHATZER | No (6) | No | No | Yes |
Chart for Bava Basra Daf 76a-b
HOW DOES ONE ACQUIRE A BEHEMAH GASAH (7) OR A BOAT?
| (A) IN RESHUS HA'RABIM, WHEN THE SELLER SAYS, "GO AND ACQUIRE IT" (8) (ABAYE AND RAVA) |
(B) IN RESHUS HA'RABIM,WHEN THE SELLER SAYS, "GO AND PULL IT" (8) (THE SECOND BERAISA) |
(C) IN A SIMTA (THE FIRST BERAISA) |
||
| 1 | MESIRAH | is Koneh (9) | Rebbi: is Koneh (10) R. Nasan: not Koneh |
not Koneh (11) |
| 3 | MESHICHAH | not Koneh | not Koneh | is Koneh |
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FOOTNOTES:
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(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 works.
(7) A Behemah Dakah, in contrast, is not acquired through Mesirah since it is not the common to transfer it through Mesirah. See below footnote #5.
(8) That is, the seller says to the buyer at the time of the transaction, "Lech Chazek" ("go and acquire it") or "Lech Meshoch" ("go and pull it towards you").
(9) Since Meshichah is not an effective Kinyan in Reshus ha'Rabim, Mesirah becomes the common mode of transfer there and is a valid Kinyan (Rashbam, 76b).
(10) He holds that when the seller says, "Meshoch" the seller does not mean that the buyer should specifically do Meshichah, but rather he is just saying that the object is ready to be taken at any time.
(11) Since it is the normal manner to do Meshichah, Mesirah is not an effective form of Kinyan in a Simta (Rashbam, 76b). Rabeinu Tam (Tosfos DH Sefinah) argues and maintains that Mesirah also is an effective form of Kinyan in a Simta, since it was obviously common to transfer animals with Mesirah and not just with Meshichah (as we find that Mesirah is an effective Kinyan when it is done in Reshus ha'Rabim).