Kiddushin, Daf Kaf Het, Part 3

Introduction

This mishnah discusses acquiring things through barter.

מתני׳ כל הנעשה דמים באחר כיון שזכה זה נתחייב זה בחליפיו כיצד החליף שור בפרה או חמור בשור כיון שזכה זה נתחייב זה בחליפיו:

Whatever can be used as payment for another object, as soon as this one takes possession [of the object], the other one assumes liability for what is given in exchange.

How so? If one exchanges an ox for a cow, or a donkey for an ox, as soon as this one takes possession, the other one assumes liability for what is given in exchange.

The general rule of acquiring things through exchange is illustrated simply in the example of the cow and ox. If Reuven and Shimon exchange an ox for a cow, when Reuven takes physical possession of Shimon s cow, Shimon becomes owner of the ox, even if Shimon doesn t take physical possession. The implication would be that if the ox dies or is stolen, Shimon is out of luck for it is his ox that died or was stolen. Alternatively, if the oxen market rises dramatically Shimon wins out. For better or for worse, in an exchange once one party takes possession of one of the objects being exchanged, the other party automatically owns the other object.

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