Kiddushin, Daf Kaf Heh, Part 6

 

Introduction

Today s sugya discusses acquisition of large animals cows, oxen and elephants!

 

גמ׳ דרש רב בקימחוניא בהמה גסה נקנית במשיכה

אשכחינהו שמואל לתלמידי דרב אמר להו מי אמר רב בהמה גסה נקנית במשיכה והאנן במסירה תנן

ורב נמי במסירה אמר

הדר ביה מההיא

 

GEMARA. Rav taught in Kimhunia: Large cattle are acquired by meshikhah.

Shmuel found Rav s students. He said to them: Did Rav rule that large cattle are acquired by meshikah? But didn t we teach: By mesirah, and Rav too said by mesirah!

Did he then retract that statement

 

Meshikhah is pulling the animal towards oneself, or causing it to come to oneself by calling it. Rav seems to state that large cattle are acquired by meshikhah. However, other statements, including one by Rav himself, say that large cattle are acquired by mesirah, which involves taking the reins of the animal.

I should note that the relationship between meshikhah and mesirah is disputed. Rashi holds that mesirah is a more effective method of acquisition, and therefore one who holds that the animal is acquired through mesirah would hold that it is not acquired through meshikhah, the less effective manner. But the Tosafot hold the opposite meshikhah is more effective.

 

הוא דאמר כי האי תנא דתניא וחכ"א זו וזו נקנית במשיכה רבי שמעון אומר זו וזו בהגבהה

 

He ruled in accordance with this Tanna, as it was taught: But the Sages say, Both [large cattle and small] are acquired by meshikah. R. Shimon said: Both by lifting.

 

Rav rules according to a different position. Both large and small cattle (goats and sheep) are acquired by meshikhah. According to Rashi this would mean even by meshikhah, all the more so by mesirah. R. Shimon holds that both are acquired by lifting.

 

מתקיף לה רב יוסף אלא מעתה פיל לרבי שמעון במה יקנה

אמר ליה אביי בחליפין אי נמי בשוכר את מקומו

 

R. Joseph raised a difficulty: If so, to R. Shimon, how could one acquire an elephant?

Abaye said to him: By symbolic exchange. Alternatively, he rents its place.

 

R. Joseph notes that if large animals need to be acquired by lifting, then how can one ever acquire an elephant? (I m not sure why he needs to ask about an elephant. Isn t a cow hard enough to lift? Maybe he just likes elephants.)

Abaye provides two other ways of acquiring objects. One is through halifin symbolic exchange. I give you something of little value, a pen, and you exchange it for the thing of value of mine that you are buying. Alternatively, I can transfer ownership to you by putting my stuff on your place. So if you rent the place where my elephant is, I can transfer ownership of it to you.

Note that these are two ways the amoraim developed to ease transfer of large objects.

 

רבי זירא אמר מביא ארבעה כלים ומניחן תחת רגליו

 

R. Zera said: He [the purchaser] brings four utensils and places them under its feet

 

R. Zera suggests putting vessels underneath each of the elephant s feet. In this way, the purchaser s vessels contain the elephant and will acquire it. I would not suggest using your fine china.

 

שמעת מינה כליו של לוקח ברשות מוכר קנה לוקח הכא במאי עסקינן בסימטא אי נמי בחבילי זמורות:

 

Learn from this that when the purchaser’s utensils are in the seller s domain [and the object being sold is placed in them] the purchaser acquires them.

What are we dealing with here? In an alley.

Alternatively, [this refers] to bundles of sticks.

 

R. Zera s statement seems to take one side in a dispute from Bava Batra over whether a person s vessels can acquire when they are on the seller s property.

In order to avoid taking a stance on this dispute, the Talmud suggests that this transaction (of an elephant) takes place in an alley!

Alternatively, the elephant can be acquired by having it step on bundles of sticks hire than three handbreadths from the ground. This is considered lifting.

I might add that I don t suggest buying an elephant. They eat 200-600 pounds of food a day.