POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
Ask A Question on the daf
Previous daf Bava Basra 76
BAVA BASRA 76& 77- sponsored by Harav Ari Bergmann of Lawrence,
N.Y., out of love for the Torah and for those who study it.
1) ACQUISITION OF A SHIP (cont.)
(a) Suggestion: Rav and Shmuel argue like the following
1. (Beraisa): A ship is acquired through Meshichah;
(b) Rejection: No, both hold like Rav, or like Shmuel; they
only argue about Osiyos.
2. R. Noson says, a ship or Osiyos (the contents of a
document) is acquired through Meshichah or a
3. Question: Why did R. Noson teach about acquiring
Osiyos, the first Tana did not mention this!
4. Answer: The Beraisa is abbreviated, it means as
follows: a ship is acquired through Meshichah,
Osiyos is acquired through Mesirah;
i. R. Noson says, a ship or Osiyos is acquired
through Meshichah or a document.
5. Objection: Why does a document acquire a ship? A
ship is Metaltelim!
6. Answer: Rather, it means: a ship is acquired through
Meshichah, Osiyos are acquired through Mesirah;
7. R. Noson says, a ship is acquired through Meshichah,
Osiyos are acquired through a document.
8. Question: The first Tana also says that a ship is
acquired through Meshichah!
9. Answer: They argue about how far it must be pulled,
as Rav and Shmuel argue. (Rashbam - the latter Tana
always comes to add, i.e. the entire ship must be
pulled; Tosfos - just as R. Noson requires a greater
acquisition for Osiyos, also for a ship.
1. R. Noson says: I agree with you about a ship, but I
say that Osiyos are only acquired with a document.
2. They argue as Rebbi and Chachamim argue.
i. (Beraisa #1 - Rebbi): Osiyos are acquired
3. Question: The Tana that argues with R. Noson cannot
be like Rebbi, Rebbi holds that Mesirah also
acquires a ship!
ii. Chachamim say, he must write another document
and do Mesirah, doing only one is not enough.
i. (Beraisa #2 - Rebbi): A ship is acquired
ii. Chachamim say, it is not acquired until he does
Meshichah or rents the place it is standing.
2) WHERE THE VARIOUS "KINYANIM" WORK
4. Answer: When Rebbi said that a ship is acquired
through Mesirah, he gave the law in a public domain;
in a Simta (areas next to the public domain),
(a) Question: We cannot establish Beraisa #2 to be in a
public domain, because Chachamim say, it is not acquired
until he does Meshichah or rents the place it is
3) SALE OF "OSIYOS" (A SHTAR)
1. From whom can one rent a public domain?!
(b) Answer: Chachamim mean, it is not acquired until he does
Meshichah from the public domain to a Simta; if it is in
the owner's premises, he must rent the place it is
2. Also, Meshichah does not acquire in a public domain!
i. (Abaye and Rava): Mesirah acquires in a public
domain, or in a Chatzer that does not belong to
both of them;
ii. Meshichah acquires in a Simta or in their joint
iii. Hagbahah acquires everywhere.
(c) Suggestion: Abaye and Rava hold like Rebbi, unlike
Chachamim (who say that Mesirah does not acquire in a
(d) Rejection (Rav Ashi): Chachamim agree that Mesirah
acquires if the seller said 'Go make Chazakah and
1. They argue when he said 'Go Moshech and acquire';
i. Chachamim say, he is insistent that the buyer
ii. Rebbi says, he is merely suggesting that he may
take it if he wants, he acquires through
(a) (Rav Papa): If Reuven sold Osiyos to Shimon, he must
write (in the document to transfer ownership) 'acquire it
and all liens that it creates'.
(b) Question (Rav Ashi): If he did not write this, for what
does he sell the document? To cork up a bottle?!
(c) Answer (Rav Kahana): Yes!