כ׳ בניסן ה׳תשע״ז (April 16, 2017)

Bava Batra 86a-b: Go and Acquire It

As we noted on yesterday’s daf, the current concern in the Gemara focuses on how a proper kinyan can be made – i.e. how does someone take possession of an object that he has purchased. Part of this discussion involves the question of where the object is at the moment of purchase, as there are differences between taking possession of something in the public thoroughfare, in an alley off of the public area, or on someone’s private property.

We learned that Rav Sheshet asks Rav Huna whether something that is placed in an object belonging to the buyer will become his, if the buyer’s thing is resting on private property owned by the seller. Our Gemara concludes this discussion by quoting both Rav and Shmuel as agreeing that an object that belongs to someone can play a role in creating a kinyan for him in any place. The Gemara then limits this, however, to a situation where the seller – who also owns the land where the kinyan is taking place – says to the buyer zil kenei – “go and acquire it.”

The Rashbam explains that the statement zil kenei effectively offers to lend the area of land where the buyer’s object is resting, so that when the thing that he wants to purchase is placed in the object that he owns, it is also on property that – temporarily – belongs to him. The Ramah argues with the Rashbam and suggests that the statement zil kenei simply offers permission to the buyer to make use of the land for this purpose, and since he has permission, the fact that the land is owned by the seller is not important. The Rosh feels that full ownership of the land would be required, and that the statement zil kenei offers full ownership. What is unusual about this case is that full ownership can be transferred with a simple statement, as opposed to the formal requirements that ordinarily must be arranged.

Previous
Next