SALE OF OSIYOS (cont.)
Version #1 - Rashbam - (Ameimar): The Halachah follows Rebbi. Osiyos are acquired through Mesirah.
Version #2 - Tosfos - (Ameimar): The Halachah follows Chachamim. Osiyos are not acquired through Mesirah. (End of Version #2)
Rav Ashi: Did you hear that, or do you say it from reasoning?
Ameimar: I heard it.
Rav Ashi: Reasoning also says so!
Osiyos are Mili (mere words, without intrinsic value). They cannot be acquired through Mili (Rashbam - another document; Tosfos - Mesirah).
Question: Rabah bar Yitzchak taught that there are two laws of documents:
If the seller said 'acquire the field for Ploni (through Chalipin) and write the document', he can retract his authorization of a document, but not the gift (they acquired immediately for Ploni);
If he said 'acquire the field for him on condition that you write the document', he can retract the document and the gift (until Ploni receives the document).
(R. Chiya bar Avin): There is a third law. The seller wrote the document in the buyer's absence;
A seller may write the document in the buyer's absence.
When the buyer makes Chazakah on the field, he acquires the document, wherever it is. (Ran - even if it contains extra rights for the buyer, i.e. Osiyos.)
(Mishnah): Metaltelim can be acquired Agav (along with Kinyan of) land, through money, a document or Chazakah. (Rashbam - the document is acquired just because the seller wants to give it; Tosfos - Agav is a weak Kinyan, like Mili, and it works.)
Answer: Agav is different (it is a strong Kinyan).
Support: Agav is stronger than Chalipin regarding money. Money is not acquired through Chalipin, but it is acquired Agav land.
Rav Papa had 12,000 Dinarim in Bei Chuza'i. He gave them to Rav Shmuel bar Acha, Agav the corner of his house, in order that the one guarding them would give them to Rav Shmuel (to return to Rav Papa).
(Mishnah): He did not sell the slaves, bags or Antiki.
Question: What is Antiki?
(Rav Papa): It is the merchandise in the ship.
WHAT IS INCLUDED WITH A WAGON
(Mishnah): If one sold a wagon, he did not sell the mules. If he sold the mules, he did not sell the wagon.
If one sold a yoke, he did not sell the oxen. If he sold the oxen, he did not sell the yoke;
R. Yehudah says, the price indicates whether or not he sold the oxen;
If he sold a yoke for 200 Zuz (about a standard year's income), surely this includes the oxen!
Chachamim say, the price is not a proof.
(Gemara - Rav Tachlifa bar Ma'arava - Beraisa): If one sold a wagon, he sells the mules.
R. Avahu: Our Mishnah says that he did not sell the mules!
Rav Tachlifa: I will no longer recite this Beraisa (it is mistaken).
R. Avahu: It is not mistaken. The case is, the mules are attached to the wagon.
(Mishnah): If one sold a yoke, he did not sell the oxen...
Question: What is the case?
If people call a yoke (only) a yoke, and call oxen (only) oxen, obviously, the oxen are not sold!
Answer #1: Rather, 'yoke' refers to the yoke and the oxen.
Rejection: If so, surely he sold the oxen as well!
Answer #2: Rather, they (the majority) call a yoke a yoke, and call oxen oxen, and some use 'yoke' to refer to the oxen as well.
R. Yehudah holds that the price indicates what he sold. Chachamim hold that the price is not a proof.