KIDUSHIN 26 (5 Cheshvan) - Dedicated in honor of the fourth Yahrzeit of Reb Naftali ben Reb Menachem Mendel (Tuli Bodner) Z"L, an Ish Chesed and Ish Ma'aseh radiating joy, whose Ahavas Yisrael knew no bounds. Dedicated by his son, Mordechai Bodner of Givat Mordechai, Yerushalayim.

1)ACQUISITIONS OF LAND

(a)(Mishnah): Property that has Acharayos (if a borrower sold it, his creditor can take it from the buyer, i.e. land) can be acquired through money, a document, or Chazakah;

(b)Property without Acharayos (i.e. Metaltelim) is acquired through Meshichah;

(c)Property without Acharayos is acquired along with property with Acharayos when the latter is acquired through money, a document, or Chazakah;

(d)If Reuven can force Shimon to swear about Metaltelim, he can also make him swear about land.

(e)(Gemara) Question: What is the source that money can acquire land?

(f)Answer (Chizkiyah): "Fields will be acquired through money".

1.Question: A document should also be required, for it says "written in a Sefer and signed"!

2.Answer: Had it said "will be acquired" at the end of the verse, that would be correct;

i.Rather, the verse says "will be acquired" right after "through money", to teach that money suffices by itself. The document is merely a proof of purchase.

(g)(Rav): Money acquires (by itself) only in a place where people normally don't write documents. Where they do, one acquires only with a document.

(h)Even where documents are written, if he specifies that he will acquire with money alone, it works.

(i)When Rav Idi bar Avin would buy land, he would specify that he can acquire with money or the document, according to his choice.

1.He specified that he can acquire with money, so he could stop the buyer from retracting (once money was given);

2.He specified that he can acquire with the document if he wants, so he could retract until the document was given.

(j)(Mishnah): (One acquires land...) or through a document.

(k)Question: What is the source of this?

1.Suggestion: "It was written in a Sefer and signed."

2.Rejection: We said that this refers to a document of proof (that it was acquired through money)!

(l)Answer: Rather, we learn from "and I took the Sefer of acquisition".

(m)(Shmuel): A document acquires only a gift (by itself). A buyer acquires only after giving the money. (Only then the seller resolves to transfer ownership.)

(n)Question (Rav Hamnuna - Beraisa): To acquire through a document, one may write on paper or pottery, even if it is not worth a Perutah;

1.He writes 'my field is sold or given to you.' It takes effect (even for a sale, even before money is given)!

(o)Answer #1 (Rav Hamnuna): The case is, he sells his field due to its low quality. (The seller wants the sale to take effect immediately.)

(p)Answer #2 (Rav Ashi): The Beraisa discusses only a gift;

1.The document mentions 'sold' to give the receiver more rights (e.g. he will be compensated if creditors take the land).

(q)(Mishnah): (One acquires land...) or through Chazakah.

(r)Question: What is the source of this?

(s)Answer #1 (Chizkiyah): "And dwell in the cities you took" - you took (acquired) the cities by dwelling in them.

(t)Answer #2 (Tana d'Vei R. Yishmael): "You will inherit (Eretz Yisrael) and dwell in it" - you will inherit it by dwelling in it.

2)ACQUISITIONS OF METALTELIM

(a)(Mishnah): Property without Acharayos is acquired through Meshichah.

(b)Question: What is the source of this?

(c)Answer: "When... you will acquire from the hand of your friend" refers to something acquired from hand to hand.

(d)Question: R. Yochanan holds that mid'Oraisa, money acquires Metaltelim (and Chachamim enacted that Meshichah acquires instead). How does he explain the Mishnah?

(e)Answer: The Mishnah teaches the law after Chachamim's enactment.

3)ACQUISITION OF METALTELIM AGAV LAND

(a)(Mishnah): Property without Acharayos (is acquired along with land)...

(b)Question: What is the source of this?

(c)Answer (Chizkiyah): "Their father gave to them gifts... with fortified cities in Yehudah."

(d)Question: Must the Metaltelim be on the land that they are acquired with?

(e)Answer #1 (Rav Yosef - Mishnah - R. Akiva): The following laws apply to land, no matter how small it is: one must leave from it Pe'ah (an unharvested corner for the poor) and bring Bikurim (first fruits for the Kohen);

26b----------------------------------------26b

1.One may write a Pruzbul on it (a document authorizing Beis Din to collect one's debts, so that Shemitah will not cancel them. We require that the borrower own land);

2.One may acquire Metaltelim Agav the land.

3.(Summation of answer): If the Metaltelim must be on the land, what could be acquired with a miniscule piece of land?!

(f)Objection: (Rav Shmuel bar Bizna): Perhaps one stuck a needle in the land!

(g)Answer: (Rav Yosef): Surely, the Tana would not elaborate to teach about acquiring a needle!

(h)Objection (Rav Ashi): Perhaps a precious gem hangs from a needle (and is acquired with the land)!

(i)Answer #2 (R. Elazar): A case occurred in which a man wanted to give a gift of much Metaltelim. They told him that the only solution is to give them with land;

1.He bought a Sela-plot of land and said 'the northern part is given to Ploni, and with it 100 flock and 100 barrels.' He died. They validated the gift.

2.Such a gift cannot fit on land the size of a Sela (a coin)!

(j)Rejection: It was a large plot of land. It was as hard as a Sela (rock).

(k)Answer #3 (Rav Yehudah): A case occurred in which a man wanted to give much Metaltelim. According to R. Elazar (who says that there are no special acquisitions for a Shechiv Mera (one who fears lest he die from his illness), he was sick. According to Chachamim, he was healthy;

1.They told him that the only solution is to give them with land. He bought about 100 square Amos of land and said 'a square Tefach is given to Ploni, and with it 100 flock and 100 barrels.' He died. They validated the gift.

2.Such a gift cannot fit on land the size of a square Tefach!

(l)Rejection: He gave enough coins to buy 100 flock and 100 barrels.

(m)Support: This must be the case. If not, he could have given them through Chalipin! (Anything except for coins can be acquired through Chalipin.)

(n)Objection: It is no better to say that he gave coins. He could have given them through Meshichah!

1.Version #1: You must say that Ploni was not there to do Meshichah. For the same reason, Chalipin was not possible!

(o)Question: Why didn't he ask someone else to acquire for Ploni?

(p)Answer: He feared lest that person keep the gift himself.

(q)Version #2 (in Tosfos) Answer: Ploni was not there to do Meshichah.

(r)Question: Why didn't he ask someone else to acquire for Ploni?

(s)Answer: He feared lest that person keep the gift himself. (This concern would not apply had he given flock and barrels, which can be acquired through Chalipin! Indeed, we conclude that he gave money.) (end of Version #2)

1.Question: Why did they say that the only solution is to give them with land? There was another way, he just did not want to use it!

2.Answer: Since he did not trust anyone there, the only solution was to give them with land.

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