Related%20passage for Bava Batra 171:9
תא שמע ברשות מוכר לא קנה עד שיגביהנה או עד שיוציאנה מרשותו אלמא מידי דבר הגבהה אי בעי בהגבהה קני ליה ואי בעי במשיכה קני ליה אמר רב נחמן בר יצחק לצדדין קתני מידי דבר הגבהה בהגבהה מידי דבר משיכה במשיכה
If he was dragging [it]<span class="x" onmousemove="('comment',' So that there was no 'lifting' whereby to acquire possession of the theft. ');"><sup>25</sup></span> as he was moving out, he is exempt [from the payment of restitution]<span class="x" onmousemove="('comment',' The heavier penalty for the desecration of the Sabbath supersedes the lighter penalty for theft. ');"><sup>26</sup></span> because here the offences relating to the desecration of the Sabbath and to theft have been committed simultaneously.<span class="x" onmousemove="('comment',' Since the object has not been lifted while on the premises of the owner, the thief acquires possession by meshikah, only when the stolen object has been taken out, but at that moment he also commits the offence against the laws of Sabbath, which prohibit the removal of things from one domain into another. (V. n. 2.) ');"><sup>27</sup></span> Now, surely. a purse is an object which is usually lifted, and yet it is acquired by <i>meshikah</i>!<span class="x" onmousemove="('comment',' For it has been said that the offence relating to theft had been committed simultaneously with that of the desecration of the Sabbath, though at the time of the dragging out there was only meshikah and no lifting at all. ');"><sup>28</sup></span> He replied unto him: When [the purse has] a cord. 'I also', said R. Adda, 'speak of one with a cord' [and yet it is small enough to be lifted]! — [Abaye] replied: [I say that the law refers to] a thing<span class="x" onmousemove="('comment',' A big purse. ');"><sup>29</sup></span> [so heavy] that it requires a cord.<span class="x" onmousemove="('comment',' Whereby to drag it out; and since it is a heavy object it can justly be acquired by meshikah. ');"><sup>30</sup></span> Come and hear: [It has been taught:<span class="x" onmousemove="('comment',' Supra 85a. ');"><sup>31</sup></span> If the purchase was] on the premises of the seller, [the buyer] does not acquire possession until he lifts it or removes it from the seller's premises. This proves clearly that an object which can be lifted may be acquired in accordance with one's desire, either by 'lifting' or by <i>meshikah</i>!<span class="x" onmousemove="('comment',' 'Removing from the seller's premises', without lifting is obviously meshikah. ');"><sup>32</sup></span> R. Nahman b. Isaac replied: What has been taught is to be taken — disjunctively; that which can be lifted [is acquired] by lifting, and that which has to be pulled [is acquired] by <i>meshikah</i>.
Explore related%20passage for Bava Batra 171:9. In-depth commentary and analysis from classical Jewish sources.