brought to you by Kollel Iyun Hadaf of Yerushalayim
& Revach l'Neshamah - http://www.revach.net
1. The Tana Kama and Rebbi Nasan disagree about how one acquires a loan document.
2. Abaye and Rava explain where various methods of acquisition are valid.
3. Picking something up to acquire it is a valid method of acquisition in any domain.
4. Rav Papa explains how a loan document is sold.
5. Even though it would seem that one could merely give the loan document to the buyer, this is not the case.
A BIT MORE
1. Tana Kama: A loan document is acquired through Mesirah (giving it over). For example, Reuven sells Shimon a loan document stating that Levi owes Reuven money. Shimon acquires it when it is given over into his hands. Rebbi Nasan: A loan document also may be acquired through Kinyan Shtar. Reuven writes a document stating that he gives over possession of the loan document to Shimon, and he gives over this Shtar to Shimon. Shimon thereby acquires the loan document.
2. Mesirah (giving over) is valid in a public domain, or in a yard that belongs to neither party. Meshichah (pulling) is valid in a side street, or a yard that the two parties jointly own.
3. The buyer may even pick up an item to acquire it in the domain of the seller.
4. The seller must give the buyer a document stating that the loan document, with all of its liens, should be acquired by the buyer. If he does not do so, the buyer does not acquire the loan document, even if the seller gives the loan document directly to the buyer.
5. The Gemara comments that it would seem that giving over the document should work, as the only point of giving over this document to the buyer is his acquisition of the document, not to use the paper for any other purpose (such as to cover a bottle)! However, Rav Papa is adamant that this not a valid way to transfer possession of a loan document.
Next Daf Index to Revach for Maseches Bava Basra