Kiddushin, Daf Kaf Vav, Part 3

 

Introduction

Today s sugya explains how we know that land can be purchased through a deed.

 

ובשטר: מנלן אילימא משום דכתיב (ירמיהו לב, מד) וכתוב בספר וחתום והעד עדים והאמרת שטר ראיה בעלמא הוא

And by deed. From where do we know this? If we say, because it is written, And write [the transaction] in a scroll, and seal it, and have witnesses testify (Jeremiah 32:44), but didn t you just say that this deed is merely evidence?

 

We can t use this verse from Jeremiah because we said earlier that money acquires land and that the deed referred to in this verse is just proof. It is not what effects the transaction.

 

אלא מהכא (ירמיהו לב, יא) ואקח את ספר המקנה

Rather from here, So I took the deed of purchase (Jeremiah 32:11).

 

The Talmud uses a different verse from Jeremiah to prove that documents can acquire.

 

אמר שמואל לא שנו אלא בשטר מתנה אבל במכר לא קנה עד שיתן לו דמים

 

Shmuel said: This was taught only of a deed of gift. But in the case of sale, he does not acquire until the money is paid.

 

Shmuel places a strong limit on the Mishnah s rule that a document can acquire without money changing hands. This is true only if someone is giving land away. But if someone is selling land, the document does not acquire until the person also pays the money.

 

מתיב רב המנונא בשטר כיצד כתב לו על הנייר או על החרס אע"פ. שאין בהם שוה פרוטה שדי מכורה לך שדי נתונה לך הרי זו מכורה ונתונה

 

R. Hamnuna objected: By deed: How so? If he [the seller] writes for him [the buyer] on paper or a shard, even if worth less than a perutah, My field is sold to you, my field is given to you, it is sold or given!

 

R. Hamnuna cites a baraita which explains the mishnah. This baraita equates between selling and given in both cases the transaction is valid even before money was given.

הוא מותיב לה והוא מפרק לה במוכר שדהו מפני רעתה

 

He raised the objection and he resolved it: This refers to one who sells his field because of its poor quality.

 

R. Hamnuna distinguishes between one who sells something because it is poor quality and one who sells something because he needs the cash. If he is selling it because it is poor quality, then he really wants to get rid of it, and the sale is valid as soon as the deed is signed. However, if he is selling for other reasons, he may retract until he receives the cash.

רב אשי אמר במתנה ביקש ליתנה לו ולמה כתב לו לשון מכר כדי ליפות את כוחו:

 

R. Ashi said: He wanted to give it to him as a gift; why then did he write it as a sale? In order to strengthen his rights to it.

 

R. Ashi says that the entire baraita refers to someone who is giving the land as a gift. The only reason that he wrote the sales document was to make sure that everyone would know that the recipient is the owner. If he was really selling it, then the transaction would not be valid until money had changed hands.