אותיות מאן דכר שמייהו חסורי מחסרא והכי קתני ספינה נקנית במשיכה ואותיות במסירה רבי נתן אומר ספינה ואותיות נקנות במשיכה ובשטר
— Something is missing [in the statement of the first Tanna], and the following is the correct reading: A ship is acquired by <i>meshikah</i>, and letters by <i>mesirah</i>.<span class="x" onmousemove="('comment',' Because meshikah is effective only in the case of an object of intrinsic value. The intrinsic value of a bond is only that of the paper which may be acquired by meshikah. The right to the debt, however, cannot be acquired except by 'mesirah.
');"><sup>3</sup></span> R. Nathan said: A ship and letters are acquired by <i>meshikah</i> and by a bill of sale. [But] why should a bill of sale be required in [the case of] a ship? [Surely] it is a movable object!<span class="x" onmousemove="('comment',' And movable objects, are acquired by meshikah alone.
');"><sup>4</sup></span>
Tosefta Kiddushin
A ship is acquired with drawing (meshikhah). Rabbi Natan says: A ship and documents are acquired with drawing and with a contract. Which is drawing? Whether he drew [the animal], whether he drove [it], whether he called to it and it came after him—this is drawing. Which is handing over (mesirah)? Anyone who handed over to him the halter and he took it—this is handing over. In what cases did they say that moveable property is acquired with drawing? In the public road or in a courtyard which doesn't belong to either [party in the transaction]. On the property of the buyer, whenever he accepts it, he acquires. On the property of the seller, when he lifts it or until he takes it out of the owner's property. On the property of the one with whom he deposited [the animal], until he [the bailee] accepts it [the responsibility of looking after the item for the buyer] or until he [the buyer] rents the place [where the item is stored with the bailee].
Ask RabbiBookmarkShareCopy
