Talmud Bavli
Talmud Bavli

Commentary for Kiddushin 44:16

אמר רב אשי הגביהו הוא לרבו קנאו הגביהו רבו לו לא קנאו אמר רבי שמעון לא תהא חזקה גדולה מהגבהה שהגבהה קונה בכל מקום

If he seizes it by its hoof, hair, the sad which is upon it, the saddle-bag upon it, the halter in its mouth, or the bell round its neck, he acquires it. How [does one acquire] by meshikah? He calls it and it comes, or he strikes it with a stick and it runs before him, immediately it lifts a foreleg and a hindleg, he acquires it.

Daf Shevui to Kiddushin

At the end of the baraita R. Shimon makes a cryptic statement regarding hazakah.
R. Ashi explains that according to the tanna kamma (the first opinion) if the slave lifts the master, the master acquires the slave, for this is an act of hazakah. The slave shows that he is a slave by lifting the master. But if the master lifts the slave, there is no acquisition.
R. Shimon disagrees. In general when one lifts something up he acquires it. Thus hazakah should not be greater than lifting means that whenever someone lifts something, he acquires it. Even if the master lifts the slave.
Ask RabbiBookmarkShareCopy
Previous VerseFull ChapterNext Verse