Talmud Bavli
Talmud Bavli

Responsa for Bava Batra 151:7

במאי אוקימתא כרבי ספינה נמי תיקני במסירה דתניא ספינה נקנית במסירה דברי רבי וחכמים אומרים לא קנה

is analogous to that of the following Tannaim.<span class="x" onmousemove="('comment',' R. Nathan agrees with the Sages, and the first Tanna with Rabbi. ');"><sup>12</sup></span> For it has been taught: Letters may be acquired by <i>mesirah</i>,<span class="x" onmousemove="('comment',' V. Glos. The buyer acquires the right to the debt as soon as the bond is delivered to him. ');"><sup>13</sup></span> these are the words of Rabbi. But the Sages say: Whether [the seller] has written [a bill of sale] but has not delivered [the bond],<span class="x" onmousemove="('comment',' Even though the bill of sale had been delivered. ');"><sup>14</sup></span> or whether he has delivered [the bond] but has not written [a bill of sale], [the buyer] does not acquire possession until [the seller] has written [the bill of sale] and delivered [the bond].<span class="x" onmousemove="('comment',' The delivery also of the bill of sale is assumed (Kid. 47b). ');"><sup>15</sup></span> How has the matter been established? [That the first Tanna is] in agreement with Rabbi! Should not [then] a ship also be acquired by <i>mesirah</i>?<span class="x" onmousemove="('comment',' Why then does the first Tanna require meshikah? ');"><sup>16</sup></span> For it was taught: A ship is acquired by <i>mesirah</i>, these are the words of Rabbi. And the Sages say: It is not acquired

Maharach Or Zarua Responsa

Q - A woman presented her husband a dowry of interest bearing notes (the notes were drawn up by a non-Jewish notary). The husband died, and his heirs claim that these notes became his property, and even though the woman is entitled to receive them back as part of her Ketubah, nevertheless the interest accrued in his lifetime belongs entirely to them. The woman disputes their claim.
A - The notes and accrued interest belong to the woman, since the mere handing over of notes to the husband did not transfer to him the indebtedness contained therein; for she did not recite the formula, "acquire this and all obligations therein".
Ask RabbiBookmarkShareCopy
Previous VerseFull ChapterNext Verse