Talmud Bavli
Talmud Bavli

Commentary for Bava Metzia 17:19

אלא במקח וממכר עסקינן דאמר ליה קני כדרך שבני אדם קונין

Come and hear: R. Eliezer says: One who rides [on a found animal] in the country, or one who leads [a found animal] in the city, acquires it!<span class="x" onmousemove="('comment',' This would at least prove that riding is a legitimate method of acquiring an animal, even though riding in a city is excluded (for the reason given below). ');"><sup>18</sup></span> — Here also the rider drives [the animal] with his feet.<span class="x" onmousemove="('comment',' V. supra p. 44, n. 3. ');"><sup>19</sup></span> But if so, it is the same as 'leading'? — There are two ways of 'leading'.<span class="x" onmousemove="('comment',' V. ibid. n. 5. ');"><sup>20</sup></span> But if so, why does not he who rides [on an animal] in the city acquire it? — R. Kahana said: It is because people are not in the habit of riding in a city.<span class="x" onmousemove="('comment',' It is regarded as unbecoming to ride in the streets of a town. ');"><sup>21</sup></span> R. Ashi then said to R. Kahana: According to this, he who picks Up a purse on a Sabbath should not acquire it either, seeing that people are not in the habit of picking up a purse on a Sabbath?<span class="x" onmousemove="('comment',' As it is improper to pick it up and carry it away on a Sabbath. ');"><sup>22</sup></span> But in fact he does acquire [the purse] because [we say:] What he has done is done;<span class="x" onmousemove="('comment',' Even if the action is improper, it has legal validity. ');"><sup>23</sup></span> so here also [we ought to say]: What he has done is done, and he acquires [the animal by riding on it in the city]! — It must therefore be that we deal here with [a case of] buying and selling, where he says to him:<span class="x" onmousemove="('comment',' I.e., the seller to the buyer. ');"><sup>24</sup></span> 'Acquire it in the way people usually acquire [a bought article]',<span class="x" onmousemove="('comment',' And as long as the buyer takes possession of the animal in a manner which is not unusual, he acquires it legally. ');"><sup>25</sup></span>

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