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1) ACQUISITIONS OF LAND

(a) (Mishnah): Property that has responsibility (creditors of the seller can collect it from the buyer, i.e. land) can be acquired through money, a document, or Chazakah;
(b) Property without responsibility (i.e. Metaltelim) is acquired through Meshichah;
(c) Property without responsibility is acquired along with property that has responsibility when the latter is acquired through money, a document, or Chazakah;
(d) If Reuven can make Shimon swear regarding Metaltelim, he can also make him swear regarding land.
(e) (Gemara) Question: From where do we know that money can acquire land?
(f) Answer (Chizkiyah): "Fields will be acquired through money".

1. Question: A document should also be required - "It was 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", showing that money suffices by itself; the document is merely a proof of purchase.

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

1. Even where documents are written, if he specifies that he will acquire with money alone, it works.
2. When Rav Idi bar Avin would buy land, he would specify that he can acquire with money or the document, according to his choice.

i. By specifying that he can acquire with money, he could stop the buyer from retracting (once money was given);
ii. By specifying that he can acquire with the document if he wants, he could retract the whole time the document was not given.

(h) (Mishnah): Or a document.
(i) Question: From where do we know this?

1. Suggestion: "It was written in a Sefer and signed".
2. Rejection: We said, that document was only a proof (that it was acquired through money)!

(j) Answer: Rather, from "And I took the Sefer of acquisition".
(k) (Shmuel): A document only acquires (by itself) regarding a gift; by a sale, he only acquires after giving the money.
(l) 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 by the sale, even before money is given)!

(m) Answer #1 (Rav Hamnuna): The case is, he sells his field because of its low quality (Shmuel admits, such a person wants the sale to take effect immediately).
(n) Answer #2 (Rav Ashi): The Beraisa only speaks of a gift;

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

(o) (Mishnah): With Chazakah.
(p) Question: From where do we know this?
(q) Answer #1 (Chizkiyah): "And dwell in the cities you took" - you took (acquired) the cities by dwelling in them.
(r) Answer #2 (Tana d'Vei R. Yishmael): "You will inherit (Eretz Yisrael) and dwell in it" - you will inherit it by dwelling in it.

(a) (Mishnah): Property without responsibility is acquired through Meshichah.
(b) Question: From where do we know this?
(c) Answer: "When...you will acquire from the hand of your friend" - something which is acquired from hand to hand.
(d) Question: R. Yochanan holds that mid'Oraisa, money acquires Metaltelim - how does he explain the Mishnah?
(e) Answer: The Mishnah teaches the law after the Rabbinical enactment.

(a) (Mishnah): Property without responsibility (is acquired along with land)...
(b) Question: From where do we know this?
(c) Answer (Chizkiyah): "Their father gave 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 of land apply no matter how small it is: one must leave on it Pe'ah (an unharvested corner for the poor), one must take Bikurim (first fruits for the Kohen);

1. One may write Pruzbul on it; one may acquire Metaltelim along with the land.
2. (Summation of answer): If the Metaltelim must be on the land, what could be acquired with point-size piece of land?!
3. Objection: (Rav Shmuel bar Bizna): Perhaps one stuck a needle in the land!
4. Answer: (Rav Yosef): Surely, the Tana teaches more than how to acquire a needle!
5. Rejection (Rav Ashi): A precious gem could be hanging from a needle (and is acquired with the land)!

(f) Answer #2 (R. Elazar): There was a case of a man that wanted to give a gift of much Metaltelim - he was told, the only solution is to give them with land;

1. He bought land - a Sela-plot - and said: 'The northern part is given to Peloni, and with it 100 flock and 100 barrels.' He died; the gift was valid.
2. Such a gift cannot fit on land the size of a Sela coin!

(g) Rejection: No - it was a large plot of land, it was as hard as a Sela (rock).
(h) Answer #3 (Rav Yehudah): There was a case of a man that wanted to give a gift of much Metaltelim; according to R. Elazar (the Tana who holds that there are no special acquisitions for a dying man), he was sick; according to Chachamim, he was healthy;

1. He was told, 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 Peloni, and with it 100 flock and 100 barrels.' He died; the gift was valid.
2. Such a gift cannot fit on land the size of a square Tefach!

(i) Rejection: He gave coins the value of 100 flock and 100 barrels.

1. Support: This must be the case - if not, he could have given them through Chalipin!
2. Objection: It is no better to say he gave coins - they could have been acquired through Meshichah!

i. You must say, Peloni (the recipient of the gift) was not there to do Meshichah - for the same reason, Chalipin was not possible!
ii. Question: Why didn't he have someone else acquire for Peloni?
iii. Answer: He was afraid that that person would keep the gift himself.
iv. Question: Why did they say, the only solution is to give them with land - there was another way, he just did not want to use it!
v. Answer: Since he did not trust anyone there, the only solution was to give it with land.