Kiddushin, Daf Kaf Zayin, Part 4

Introduction

Today s section continues to ask halakhic questions related to purchasing movables together with land.

אבעיא להו שדה במכר ומטלטלין במתנה מהו

ת"ש עישור שאני עתיד למוד נתון ליהושע ומקומו מושכר לו ש"מ

The question was asked: What if the field is sold and the movables are given as a gift?

Come and hear: The tithe which I in the future will measure out will be given to Joshua, and its place [where it is lying] is rented to him.

Learn from it.

Can one sell the field and give the movables with it? The answer is brought from Rabban Gamaliel s giving the tithe to R. Joshua. He rents him the land (which is like selling) and gives him the tithe. Thus one can sell land and give away movables through the sale.

איבעיא להו שדה לאחד ומטלטלין לאחר מהו

ת"ש עישור שאני עתיד למוד נתון לעקיבא בן יוסף כדי שיזכה בו לעניים ומקומו מושכר לו

The question was asked: Can he transfer the field to one person, and the movables to another?

Come and hear: The other tenth which I am to measure out, let it be given to Akiva b. Joseph, that he shall acquire it on behalf of the poor, and its place be rented to him.

Can one split the land from the movables giving the land to one person and the movables to another?

The Talmud tries to prove this from the continuation of R. Gamaliel s giving away of tithes. He gives the tithes to the poor, through Akiva, but he rents the place to Akiva. This seems to prove that one can give the land to one person and the movables to another.

מאי מושכר מושכר למעשר

ואי בעית אימא שאני ר’ עקיבא דיד עניים הוה

[No]. What does it mean by rented ? Rented for the tithe.

Alternatively, R. Akiva was different, for he was the hand of the poor.

The Talmud offers two rejections of using this source as as proof. First of all, maybe the land was not rented to R. Akiva. It might have been rented only for the tithe, in which case it was, in a sense, rented to the poor, those who also received the tithes.

Alternatively, R. Akiva may be considered like the poor because he is the charity collector. Thus R. Gamaliel was giving to R. Akiva, and not to the poor. Again, the one receiving the land was also receiving the movables.