Bava Metzia 18

Chapter 18

א ואי רשות הרבים הוא קני ואי אדם חשוב הוא קני ואי אשה היא קניא ואי איניש זילא הוא קני
1 so that if [the buyer rides on the animal in] the open street<span class="x" onmousemove="('comment',' Where it is usual to ride on a bought animal, instead of leading it, in view of the possibility of passers-by intervening between the animal and the person that leads it. ');"><sup>1</sup></span>
ב בעי ר' אלעזר האומר לחבירו משוך בהמה זו לקנות כלים שעליה מהו
2 he acquires it, or if he is an important personage he acquires it,<span class="x" onmousemove="('comment',' For it is usual for an important person to ride on an animal even in a side-street where there are no people about, as leading an animal by the reins is undignified. ');"><sup>2</sup></span>
ג לקנות מי אמר ליה קני אלא משוך בהמה זו וקני כלים שעליה מהו מי מהניא משיכה דבהמה לאקנויי כלים או לא
3 or if [the buyer] is a woman she acquires it,<span class="x" onmousemove="('comment',' A woman is, as a rule, not strong enough to prevent the animal from breaking loose. She does not, therefore, usually lead it. ');"><sup>3</sup></span>
ד אמר רבא אי אמר ליה קני בהמה וקני כלים מי קני כלים חצר מהלכת היא וחצר מהלכת לא קנה
4 or if [the buyer] is a mean person<span class="x" onmousemove="('comment',' A person that has no dignity will ride on an animal in any circumstances, whether it is regarded as proper for him to do so or not, but the ordinary person, whose standing is neither too high nor too low, will not, as a rule, ride on an animal in town in a quiet street. In such circumstances, riding would not be a legitimate way of acquiring the animal if the buyer has been told to acquire it 'in the usual manner'. ');"><sup>4</sup></span>
ה וכי תימא כשעמדה והא כל שאילו מהלך לא קנה עומד ויושב לא קנה
5 he acquires it.
ו והלכתא בכפותה
6 R. Eleazar inquired: If one says to another, 'Pull this animal along so that you may acquire the vessels that are [placed] upon it,'<span class="x" onmousemove="('comment',' The speaker has sold the vessels to the other, but he has not sold him the animal. ');"><sup>5</sup></span>
ז אמרו ליה רב פפא ורב הונא בריה דרב יהושע לרבא אלא מעתה היה מהלך בספינה וקפצו דגים ונפלו לתוך הספינה הכי נמי דחצר מהלכת היא ולא קני אמר ליה ספינה מינח נייחא ומיא הוא דקא ממטו לה
7 what is the law? [But, it is at once objected, by saying], 'so that you may acquire;' does he really tell him, 'Acquire'?<span class="x" onmousemove="('comment',' I.e., the words 'so that you may acquire', spoken by the seller, do not convey the direct authorisation which the buyer must receive before he can really acquire the vessels. ');"><sup>6</sup></span>
ח א"ל רבינא לרב אשי אלא מעתה היתה מהלכת ברשות הרבים וזרק לה גט לתוך חיקה או לתוך קלתה הכא נמי דלא מגרשה א"ל קלתה מינח נייחא ואיהי דקא מסגיא מתותה:
8 [The question must] therefore [be put this way]: [If one says to another,] 'Pull this animal along and acquire the vessels that are [placed] upon it,' what is [the law]? Does the pulling of the animal enable him to acquire the vessels or not? — Said Raba: [Even] if he says to him, 'Acquire the animal and the vessels [at the same time],' does he then acquire the vessels?<span class="x" onmousemove="('comment',' Raba assumes that R. Eleazar asks his question regarding the vessels placed on the animal because he has in mind a case where the animal itself has not been sold, and he concludes from this that, where the animal has been sold with the vessels, R. Eleazar would be sure that the buyer would acquire the vessels simultaneously with the animal, as he pulls it along, because the animal would then be regarded in the same light as his courtyard, which enables the owner to acquire whatever is placed in it. Raba then objects that the moving animal, like anything else on the move, does not convey to the owner possession of the articles placed upon it. ');"><sup>7</sup></span>
ט <big><strong>מתני׳</strong></big> היה רוכב על גבי בהמה וראה את המציאה ואמר לחבירו תנה לי נטלה ואמר אני זכיתי בה זכה בה אם משנתנה לו אמר אני זכיתי בה תחלה לא אמר כלום:
9 Is not the animal like a moving courtyard? And a moving courtyard does not enable [its owner] to acquire [the objects placed in it]!<span class="x" onmousemove="('comment',' The original law regarding the utilisation of a person's premises for the purpose of acquiring the objects placed within them only applies to fixed premises; cf. Git. 77a. ');"><sup>8</sup></span>
י <big><strong>גמ׳</strong></big> תנן התם מי שליקט את הפאה ואמר הרי זו לפלוני עני ר' אליעזר אומר זכה לו וחכמים אומרים יתננה לעני הנמצא ראשון
10 And if you should say [that he acquires them] when it stands still,<span class="x" onmousemove="('comment',' I.e., after it has been pulled along by the buyer, and has thus been acquired by him, the animal comes to a standstill, and it may then be regarded as a 'fixed courtyard'. ');"><sup>9</sup></span>
יא אמר עולא אמר ר' יהושע בן לוי מחלוקת מעשיר לעני
11 [then it would be objected:] Is it not [the law] that whatever does not acquire while in motion, does not acquire even while standing still or at rest? [It must be admitted, however, that] the [above] law obtains when [the animal] is tied.<span class="x" onmousemove="('comment',' As the animal is then unable to move, it is rightly regarded as a 'fixed courtyard'. ');"><sup>10</sup></span>
יב דר' אליעזר סבר מגו דאי בעי מפקר נכסיה והוי עני וחזי ליה השתא נמי חזי ליה ומגו דזכי לנפשיה זכי נמי לחבריה ורבנן סברי חד מגו אמרינן תרי מגו לא אמרינן
12 R. Papa and R. Huna said to Raba: According to this,<span class="x" onmousemove="('comment',' I.e., according to your view that a 'moving courtyard' does not enable its owner to acquire the objects placed therin, ');"><sup>11</sup></span>
יג אבל מעני לעני דברי הכל זכה לו דמגו דזכי לנפשיה זכי נמי לחבריה
13 if one sails on a boat, and fish jump and fall into the boat, [do we] then also [say] that [the boat] is [like] a 'moving courtyard' and it does not enable [its owner] to acquire [the objects placed in it]? — He [Raba] answered them: The boat is really at rest, only the water moves it along.
יד אמר ליה רב נחמן לעולא ולימא מר מעני לעני מחלוקת דהא מציאה הכל עניים אצלה ותנן היה רוכב על גבי בהמה וראה את המציאה ואמר לחבירו תנה לי נטלה ואמר אני זכיתי בה זכה בה
14 Rabina said to R. Ashi: According to this, if a married woman walks in a public street, and the husband throws a bill of divorcement into her lap or into her basket,<span class="x" onmousemove="('comment',' The basket which women used to carry on their heads, and which served the purpose of a work-basket. ');"><sup>12</sup></span>
טו אי אמרת בשלמא מעני לעני מחלוקת
15 [do we] then also [say] that she is not divorced?<span class="x" onmousemove="('comment',' The Mishnah in Git, 77a makes it clear that in such circumstances the wife is divorced. ');"><sup>13</sup></span> — He answered him: The basket is really at rest, and she walks underneath.<span class="x" onmousemove="('comment',' The basket is therefore like a 'fixed courtyard'. ');"><sup>14</sup></span> <b><i>MISHNAH</i></b>. IF A MAN, RIDING ON AN ANIMAL, SEES A LOST ARTICLE AND SAYS TO HIS NEIGHBOUR: 'GIVE IT TO ME'; THE LATTER] TAKES IT UP AND SAYS: 'I ACQUIRED IT [FOR MYSELF].' — [THEN] IT IS HIS. [BUT] IF AFTER GIVING IT TO HIM, THAT PERSON SAYS: 'I ACQUIRED IT FIRST', THERE IS NOTHING IN WHAT HE SAYS.<span class="x" onmousemove="('comment',' For as soon as he handed over the found object to that person it became the latter's property, no matter whether the former first acquired it for himself or not, and his subsequent declaration is of no avail. ');"><sup>15</sup></span> <b><i>GEMARA</i></b>. We have learned elsewhere:<span class="x" onmousemove="('comment',' Pe'ah. IV, 9; Cf. Git. 113. ');"><sup>16</sup></span> If one gleaned the corner of a field<span class="x" onmousemove="('comment',' V. Lev. XIX, 9. ');"><sup>17</sup></span> and said, 'This is for that poor person.' R. Eliezer says: he conferred possession [of the gleaning] on that person.<span class="x" onmousemove="('comment',' The gleaner of the corner of the field, who according to R. Eliezer may confer possession of the gleanings upon a poor individual, would have to be a stranger, not the owner of the field. For the owner, even if he is poor himself, has no right to the gleanings of the corners of his field (cf. Hul., 131a), and he could not therefore acquire it for others. As the argument 'Since (Miggo) he can take possession of it for himself he may also confer possession of it upon someone else' could not in this case be used, R. Eliezer would also say that the other poor person is not entitled to the gleanings to the exclusion of anyone else. ');"><sup>18</sup></span> But the Sages say: He must give it to the first poor person that comes along. 'Ulla said in the name of R. Joshua b. Levi: The difference of opinion [between R. Eliezer and the Sages] concerns [a case where] a rich person [gleaned] for a poor person. R. Eliezer is of the opinion [that] [i] since, if he had wished, he could have declared his possessions public property, so that he would have become a poor man [himself] and would have been entitled [to the gleanings of the corner], he is entitled [to them] even now, and [ii] since he might thus take possession [of them] for himself,<span class="x" onmousemove="('comment',' I.e., if he had, in the stated circumstances, desired to acquire the gleanings, he could have legally made them his own. ');"><sup>19</sup></span> he could also confer possession [of them] upon his neighbour. But [the Sages] are of the opinion [that] we can use the Since argument once but not twice.<span class="x" onmousemove="('comment',' Only one miggo can be applied to a case, but not two miggos. In this case we would first have to say: miggo (since) a poor man can acquire the gleanings for himself he can also acquire them for a poor neighbour; and then we would have to say: miggo (since) if he wished to renounce his property he could acquire the status of a poor man, he may be given such status even if he is rich. ');"><sup>20</sup></span> But [in a case where] a poor person [gleaned] for [another] poor person all are of the opinion that he could confer possession [of the gleanings] upon that person, for since he could take possession [of them] for himself he could also confer possession [of them] upon his neighbour.<span class="x" onmousemove="('comment',' The one miggo would be accepted by all. ');"><sup>21</sup></span> R. Nahman said to 'Ulla: And why not say, Master, that the difference of opinion [between R. Eliezer and the Rabbis] concerns [even a case where] a poor person [gleaned] for a poor person. — seeing that in regard to a found object all are [in the same legal position as the] poor are in regard [to the corner of the field]?<span class="x" onmousemove="('comment',' Just as every poor person has a right to glean the corners of a field, so every person who finds an object has a right to pick it up and acquire it. ');"><sup>22</sup></span> And we learned: IF ONE, RIDING ON AN ANIMAL, SEES A LOST ARTICLE AND SAYS TO HIS NEIGHBOUR: 'GIVE IT TO ME'; THE LATTER TAKES IT UP AND SAYS: 'I ACQUIRED IT [FOR MYSELF].' — [THEN] IT IS HIS. Now, it is all correct if you say that the difference of opinion [between R. Eliezer and the Rabbis] concerns [even a case where] a poor person [gleaned] for a poor person.<span class="x" onmousemove="('comment',' And the Rabbis who differ from R. Eliezer would hold the view that although we may say, in the case of two persons picking up together a found object that each one acquires it for the other at the same time as he acquires it for himself (v. supra p. 37), yet in this case they would say that one poor man cannot acquire the gleanings for the other poor man. For in the case of the found object the argument is: 'Since (Miggo) he takes possession of it for himself, he may also take possession of it for his neighbour.' But in the case of the gleanings the argument would have to be: 'Since (Miggo), if he had wished, he could have taken possession of it for himself, he may also take possession of it for his neighbour' — and such an argument the Rabbis would not adopt. It would only be a potential miggo, which the Rabbis would not regard as valid. ');"><sup>23</sup></span> [for]