Kiddushin, Daf Kaf Zayin, Part 3

 

Introduction

Today s section continues to deal with transferring movables together with land.

 

איבעיא להו מי בעינן אגב או לא

ת"ש דקתני כל הני ולא קתני אגב

 

The question was asked: Do we require [the seller to say] by means of [the land] or not?

Come and hear: For all these [cases] are taught, and yet by means of is not mentioned.

 

Does the seller have to say that he is transferring ownership of the movables by means of the land? Or can he just say and with it ?

The Talmud answers by noting that we had a number of cases where someone was transferring movables with land and in none of them did he say by means of. He only said and with it. Seems like he does not need to say by means of.

 

ולטעמיך קני מי קתני אלא עד דאמר קני הכא נמי עד דאמר אגב

 

And according to your reasoning did it teach Let him acquire it ?

Rather, [it is not valid] until he says: Acquire it, then here too, [it is not valid] until only he says: By means of.

 

The problem with making a deduction from words not found in the baraita is that there are other words absent from it. According to the Talmud the seller must say, let him acquire it and nevertheless let him acquire it is not found in the baraita. So too by means of must be stated even though these words are not found in the baraita.

 

והלכתא צבורים לא בעינן אגב וקני בעינן:

 

Now, the law is: they need not be heaped on it; Acquire it, and by means of are required.

 

This is the end of a long passage so a halakhic statement is in order. The law is, as we saw earlier, that the movables need not be heaped on the land. But the seller must say acquire it and by means of. So the proper phrasing would be acquire these sheep by means of the land I am also selling/giving to you. Sounds like a game of Settlers of Catan!