More Discussions for this daf
1. Simta 2. Acquiring with a borrowed utensil 3. והוא שהיתה קלתה תלויה בה

Selim Dushey asked:

Shavua tov,

When the Beraita in Daf 85 talks about the borrowed cup acquiring for the buyer when it is full; could this mean when the utensil is still in the seller's hand or is it only when the utensil is on the ground and the item is being put in the utensil?

In general, when we say the buyer's utensil acquires for him could it ever be in a situation when the seller is still holding the utensil with the item in it?

Thank you. Hazak Ubaruch.

Selim Dushey, Brooklyn, NY

The Kollel replies:

Firstly, I apologize for the delay in my reply.

I have not found your question discussed anywhere, but I would say, and I have discussed this with Talmidei Chachamim who have agreed with me, that the hand of the vendor is the same as his property ,and as such would be subject to the query of Rav Sheshes (85b). This is all with the proviso that the purchaser actually made a valid Kinyan (act of acquisition) on the cup so that he owns the rights to use it, and not that the vendor has merely given hin permission, which would not be sufficient. The same applies to vessels that already belong to the purchaser.

Dov Freeedman