Bava Batra 172

תא שמע המוכר פירות לחבירו משך ולא מדד קני והא פירות דבני הגבהה נינהו וקתני דקני במשיכה

Come and hear: IF ONE HAS SOLD FRUIT TO ANOTHER [AND THE BUYER] HAS PULLED [THEM]. THOUGH THEY HAVE NOT [YET] BEEN MEASURED, OWNERSHIP IS ACQUIRED. Surely fruit can be lifted up, and yet it is taught that ownership [of it] is acquired by <i>meshikah</i>?<span class="x" onmousemove="('comment',' How then, can it be said that things that can be lifted cannot be acquired by meshikah? ');">¹</span> Here<span class="x" onmousemove="('comment',' In the Mishnah quoted. ');">²</span> we are dealing with [fruit packed in] large bags.<span class="x" onmousemove="('comment',' Which cannot be lifted up. ');">³</span>

הכא במאי עסקינן בשליפי רברבי אי הכי אימא סיפא הלוקח פשתן מחבירו לא קנה עד שיטלטלנו ממקום זה למקום אחר אטו פשתן בשליפי רברבי מי לא עבדי שאני פשתן דמשתמיט

If so,<span class="x" onmousemove="('comment',' That the Mishnah deals with fruit in large bags. ');">⁴</span> [how can you] explain the last clause [which reads]. IF ONE BUYS FLAX FROM ANOTHER. HE DOES NOT ACQUIRE OWNERSHIP UNTIL HE MOVES IT FROM ONE PLACE TO ANOTHER. Is not flax [also] packed in large bags?<span class="x" onmousemove="('comment',' If the first clause, (fruit), deals with small bags, the final clause also (flax), would, consequently, deal with small bags. The reason for the difference between the modes of acquiring ownership, ('pulling' in the first, 'lifting' in the second case). could then be explained by the fact that flax is never dragged but always lifted. Thus, the purpose of our Mishnah would be the laying down of the following law: Things which are usually lifted may be acquired not only by 'lifting' but also by 'pulling' — (first clause); while things which are always lifted can be acquired by lifting only — (final clause). If, however, it be assumed that the reason why in the first clause 'pulling' is effective, is only that the fruit is packed in large bags it must consequently be assumed that the reason why the flax cannot be acquired thus, but only by 'lifting', is that it is packed in small bags. If so, it is asked, is not flax also packed in large bags? And if they are so packed, wherein lies the cause of the different modes of acquisition? ');">⁵</span> — Flax is different — [It has to be packed in small bags] because, [otherwise]. it slips out.<span class="x" onmousemove="('comment',' Small bags are usually lifted, hence only 'lifting', and not 'pulling', is the mode of acquisition. ');">⁶</span>

א"ל רבינא לרב אשי ת"ש בהמה גסה נקנית במסירה והדקה בהגבהה דברי ר"מ ור"ש בן אלעזר וחכ"א בהמה דקה במשיכה והא בהמה דקה דבר הגבהה היא וקתני דקני במשיכה שאני בהמה דסרכא

Rabina said to R. Ashi, Come and hear: Large cattle are acquired by <i>mesirah</i>,<span class="x" onmousemove="('comment',' V. Glos. ');">⁷</span> and small by lifting these are the words of R. Meir and R. Simeon b. Eleazar. But the Sages say: Small cattle [are acquired] by <i>meshikah</i>.<span class="x" onmousemove="('comment',' Kid. 25b, B.K. 11b. ');">⁸</span> Surely, [it may be asked], small cattle can be lifted and yet it is taught<span class="x" onmousemove="('comment',' By the Sages, who are in the majority in the dispute. ');">⁹</span>

רב ושמואל דאמרי תרוייהו כור בשלשים אני מוכר לך יכול לחזור בו אפילו בסאה האחרונה כור בשלשים סאה בסלע אני מוכר לך ראשון ראשון קנה

that ownership of them may be acquired by <i>meshikah</i>! — Cattle are different because they clutch the ground.<span class="x" onmousemove="('comment',' And it is difficult to lift them. Therefore, 'pulling' has been made the mode of their legal acquisition. ');">¹⁰</span> Both Rab and Samuel said: [If the seller said], 'I sell you a <i>kor</i><span class="x" onmousemove="('comment',' Kor and se'ah are measures of capacity, the former containing thirty of the latter. ');">¹¹</span> for thirty', he may withdraw even at the last<span class="x" onmousemove="('comment',' Because he implied in his offer that it was his desire to sell the entire kor. As long as the buyer has not legally acquired every fraction of it, the purchase is not consummated. ');">¹²</span>

ת"ש אם היתה מדה של אחד מהן ראשון ראשון קנה ואע"ג דלא נתמלאה המדה

<i>se'ah</i>.<span class="x" onmousemove="('comment',' Kor and se'ah are measures of capacity, the former containing thirty of the latter. ');">¹¹</span> [If, however, he said]: 'I sell you a <i>kor</i> for thirty, [each] <i>se'ah</i> for a <i>sela'</i>, [the buyer] acquires possession of every <i>se'ah</i><span class="x" onmousemove="('comment',' The seller, by specifying the price per kor and se'ah, has intimated his desire to sell either the entire kor or any fraction of it. ');">¹³</span> as it is measured out for him.<span class="x" onmousemove="('comment',' Lit., 'he acquires first first'. (Cf. p. 347. n. 1). ');">¹⁴</span>

כגון דאמר ליה הין בשנים עשר סלעים לוג בסלע אני מוכר לך וכדאמר רב כהנא שנתות היו בהין ה"נ שנתות היו במדות

Come and hear: If the measure was the property of one of them, he [whose measure it is] acquires successive possession of every single unit of the quantity as soon as it is put in.<span class="x" onmousemove="('comment',' Supra 85a. ');">¹⁵</span> [Surely this law applies] even to [the case] where the measure had not been filled!<span class="x" onmousemove="('comment',' How, then, could it be said that the seller 'may withdraw even at the last se'ah'? ');">¹⁶</span> — [This law refers only to such a case] as when [the seller] said to [the buyer], '[I sell you] a <i>hin</i><span class="x" onmousemove="('comment',' Hin and log are liquid measures, the former containing twelve of the latter. ');">¹⁷</span>

ת"ש השוכר את הפועל לעשות עמו לגורן היום בדינר

for twelve sela'im, [every] <i>log</i><span class="x" onmousemove="('comment',' The seller, by specifying the price per kor and se'ah, has intimated his desire to sell either the entire kor or any fraction of it. ');">¹³</span> for a <i>sela'</i>. And, as R. Kahana said,<span class="x" onmousemove="('comment',' Shab. 80b, Men. 87b. ');">¹⁸</span> 'there were marks in the <i>hin</i> [of the Temple].<span class="x" onmousemove="('comment',' Marking off a quarter. a third, and a half of the hin, required respectively as a meal offering for the lamb, the ram, and the bullock. ');">¹⁹</span> so, in this case also, there were marks on the measures.<span class="x" onmousemove="('comment',' Every log was marked off, so that when the commodity measured reached any of the marks it might be regarded as having 'filled the measure', because each mark represented a complete unit. ');">²⁰</span> Come and hear! [It has been taught: In the case where a man] hired a labourer to work for him at the harvesting season for a denarius a day. [and paid him his wage in advance].