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1) ACQUISITION OF A SHIP (cont.)

(a) Suggestion: Rav and Shmuel argue like the following Tana'im.

1. (Beraisa): A ship is acquired through Meshichah;
2. R. Noson says, a ship or Osiyos (the contents of a document) is acquired through Meshichah or a document.
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.

(b) Rejection: No, both hold like Rav, or like Shmuel; they only argue about Osiyos.

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 through Mesirah;
ii. Chachamim say, he must write another document and do Mesirah, doing only one is not enough.

3. Question: The Tana that argues with R. Noson cannot be like Rebbi, Rebbi holds that Mesirah also acquires a ship!

i. (Beraisa #2 - Rebbi): A ship is acquired through Mesirah;
ii. Chachamim say, it is not acquired until he does Meshichah or rents the place it is standing.

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), Meshichah acquires.

(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 standing;

1. From whom can one rent a public domain?!
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 Chatzer;
iii. Hagbahah acquires everywhere.

(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 standing.
(c) Suggestion: Abaye and Rava hold like Rebbi, unlike Chachamim (who say that Mesirah does not acquire in a public domain).
(d) Rejection (Rav Ashi): Chachamim agree that Mesirah acquires if the seller said 'Go make Chazakah and acquire';

1. They argue when he said 'Go Moshech and acquire';

i. Chachamim say, he is insistent that the buyer do Meshichah;
ii. Rebbi says, he is merely suggesting that he may take it if he wants, he acquires through Mesirah.

(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!