Commentary for Kiddushin 53:7
אלא עד דאמר קני הכא נמי עד דאמר אגב והלכתא צבורים לא בעינן אגב וקני בעינן:
This proves that they need not be heaped up thereon! This proves it. The scholars propounded: Is 'by dint' [thereof] necessary or not?<span class="x" onmousemove="('comment',' i,e., must the vendor or donor state that the movables are to be acquired in virtue of the land?');"><sup>14</sup></span> - Come and hear: For all these [cases] are taught,<span class="x" onmousemove="('comment',' On 26b: a hundred sheep etc.');"><sup>15</sup></span>
Daf Shevui to Kiddushin
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.
Ask RabbiBookmarkShareCopy
Daf Shevui to Kiddushin
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!
Ask RabbiBookmarkShareCopy