Kiddushin 51

Alternatively, [this refers] to bundles of faggots.<span class="x" onmousemove="('comment',' Not less than three handbreadths high. When he causes the elephant to step upon them, he is regarded as having lifted it.');">¹</span> <big><b>MISHNAH: </b></big>PROPERTY WHICH OFFERS SECURITY<span class="x" onmousemove="('comment',' Real estate which may be mortgaged for debts, and remain liable to seizure even if subsequently sold.');">²</span> IS ACQUIRED BY MONEY, BY DEED OR BY HAZAKAH.

[PROPERTY] WHICH DOES NOT OFFER SECURITY<span class="x" onmousemove="('comment',' I.e., movables, because the creditor cannot distrain upon them if sold.');">³</span> CAN BE ACQUIRED ONLY BY MESHIKAH. PROPERTY WHICH DOES NOT OFFER SECURITY MAY BE ACQUIRED IN CONJUNCTION WITH PROPERTY WHICH PROVIDES SECURITY BY MONEY, DEED, OR HAZAKAH;<span class="x" onmousemove="('comment',' If one sells land and movables, as soon as the purchaser acquires the land by one of these three methods, the movables automatically become his. - Hazakah, lit., 'taking possession,' e.g., if the vendee performs some small labour therein, such as digging, threshing, closing or making a gap in its fences.');">⁴</span>

AND IT OBLIGATES THE PROPERTY WHICH PROVIDES SECURITY, TO TAKE AN OATH CONCERNING THEM.<span class="x" onmousemove="('comment',' In litigation over real estate, no oath is administered; whereas for movables it is. In a dispute concerning both, since an oath is taken for the latter, it is taken for the former too.');">⁵</span> <big><b>GEMARA: </b></big>BY MONEY: Whence do we know it? - Said Hezekiah: Scripture saith, men shall acquire fields with money.<span class="x" onmousemove="('comment',' Jer. XXXII, 44.');">⁶</span> Yet perhaps [the purchase is invalid] unless there is a deed [too], since it continues, and subscribe the deeds, and attest them? - Were 'acquire' written at the end, it would be as you say; now, however, that 'acquire' is written at the beginning,<span class="x" onmousemove="('comment',' I.e., before the mention of deeds,');">⁷</span>

money gives a title, while the deed is merely evidence.<span class="x" onmousemove="('comment',' Of the sale.');">⁸</span> Rab said: This was taught only of a place where a deed is not indited; but where it is, money alone gives no title. Yet if he [the vendee] distinctly stipulates,<span class="x" onmousemove="('comment',' That either money or deed shall suffice. [Tosaf. Ri: either the vendor or buyer, whoever makes the terms, is at an advantage.]');">⁹</span>

it is so. E.g. , when R'Idi B'Abin bought land he used to say: 'If I wish, I acquire it by money; if I wish, I acquire it by deed.' [Thus:] 'If I wish, I acquire it by money,' so that should you desire to retract [after I have paid], you cannot.'

And if I wish, I acquire it by deed,' so that should I desire to withdraw,<span class="x" onmousemove="('comment',' After paying, but before the deed is drawn up.');">¹¹</span> I can. AND BY DEED.

How do we know it? Shall we say, because it is written, and subscribe the deeds, and attest them, and call witnesses<span class="x" onmousemove="('comment',' Jer. XXXII, 44.');">¹²</span> - but you have said that the deed is merely evidence? - But from this verse, so I took the deed of purchase.<span class="x" onmousemove="('comment',' Ibid. 11; this shews that the deed itself consummates the purchase.');">¹³</span>

Samuel said: This was taught only of a deed of gift. But in the case of sale, no title is obtained until the money is paid.<span class="x" onmousemove="('comment',' Unless otherwise stipulated (Rashi) .');">¹⁴</span> R'Hamnuna objected: By deed: E.g. , if he [the vendor] writes for him [the vendee] on paper or a shard,<span class="x" onmousemove="('comment',' Shards were used for this purpose in very ancient times: v. Krauss, T.A. 111, 147f, and n. 113a, 1.');">¹⁵</span>

even if worth less than a perutah.' My field is sold unto you,' 'my field is given unto you,' it is sold and gifted!<span class="x" onmousemove="('comment',' Thus the deed suffices even for a sale. - The meaning is assumed to be, it is sold or gifted.');">¹⁶</span> - He raised the objection.

and he answered it: This refers to one who sells his field because of its poor quality.<span class="x" onmousemove="('comment',' Being anxious to get rid of it, he is desirous that the deed itself shall consummate the transaction, so that the vendee may not withdraw.');">¹⁷</span> R'Ashi said: He really wished to present it to him as a gift; why then did he indite it with the phraseology of purchase? In order to strengthen his rights therein.<span class="x" onmousemove="('comment',' Should the donor's creditors seize it for debt, the recipient would be able to claim its value, as stated in the deed, from him. Hence it is literally meant: it is both sold and gifted.');">¹⁸</span>

AND BY HAZAKAH. How do we know it? - Said Hezekiah: Scripture saith, and dwell in the cities that ye have taken:<span class="x" onmousemove="('comment',' Jer. XL, 10.');">¹⁹</span> how did ye take it?

By dwelling therein.<span class="x" onmousemove="('comment',' I.e., by hazakah, possession.');">²⁰</span> The School of R'Ishmael taught: And ye shall possess it, and dwell therein:<span class="x" onmousemove="('comment',' Deut. XI, 31.');">²¹</span> whereby shall ye possess it?

By dwelling therein. PROPERTY WHICH DOES NOT PROVIDE SECURITY CAN BE ACQUIRED ONLY BY MESHIKAH. Whence do we know it? - Because it is written, and if thou sell aught unto thy neighbour, or buy of thy neighbour's hand,<span class="x" onmousemove="('comment',' Lev. XXV, 14.');">²²</span>

[intimating] that an article is acquired [by passing] from hand to hand.<span class="x" onmousemove="('comment',' I.e., by meshikah.');">²³</span> But according to R'Johanan, who maintained, By Biblical law, money gives a title,<span class="x" onmousemove="('comment',' In the case of movables.');">²⁴</span> what can be said? - The Tanna teaches the Rabbinical enactment.<span class="x" onmousemove="('comment',' That only meshikah gives a title. The reason of the enactment was this: should money itself transfer the purchase to the vendee, even before he takes possession, and a fire break out on the vendor's premises where the goods lie, he will not trouble to save them. V. B.M. 47b.');">²⁵</span> PROPERTY WHICH DOES NOT PROVIDE SECURITY [etc.]. How do we know it? - Said Hezekiah, Because Scripture saith, And their father gave them gifts. with fenced cities in Judah.<span class="x" onmousemove="('comment',' II Chron. XXI, 3; thus, they acquired the gifts, which were movables, in conjunction with the fenced cities, sc. real estate.');">²⁶</span> The scholars propounded: Need they [the movables] be heaped up [upon the land] or not?<span class="x" onmousemove="('comment',' When they are to be acquired along with it.');">²⁷</span> - Said R'Joseph, Come and hear: R'Akiba said: Land, whatever its size, is liable to pe'ah<span class="x" onmousemove="('comment',' V. Glos.');">²⁸</span> and first fruits,<span class="x" onmousemove="('comment',' V. Deut. XXVI, 2.');">²⁹</span>