1)KINYAN OF A SHIP (cont.)
(a)Suggestion: Rav and Shmuel argue like the following Tana'im.
1.(Beraisa): A ship is acquired through Meshichah;
2.R. Noson says, a ship or Osiyos (the contents of a document) is acquired through Meshichah or a document.
3.Question: Why did R. Noson teach about acquiring Osiyos? The first Tana did not mention this!
4.Answer: The Beraisa is abbreviated. It means as follows. A ship is acquired through Meshichah, and Osiyos are acquired through Mesirah;
i.R. Noson says, a ship or Osiyos is acquired through Meshichah or a document.
5.Objection: Why does a document acquire a ship? A ship is Metaltelim!
6.Answer: Rather, it means that a ship is acquired through Meshichah, and Osiyos are acquired through Mesirah. R. Noson says, a ship is acquired through Meshichah, and Osiyos are acquired through a document.
7.Question: Also the first Tana says that a ship is acquired through Meshichah!
8.Answer: They argue about how far it must be pulled, like Rav and Shmuel argue. (Rashbam - the latter Tana always comes to add, i.e. the entire ship must be pulled; Tosfos - just like R. Noson requires a greater Kinyan for Osiyos, also for a ship.
(b)Rejection: No, both hold like Rav, or like Shmuel. They argue only about Osiyos.
1.R. Noson says 'I agree with you about a ship, but I say that Osiyos are acquired only with a document.'
2.They argue like Rebbi and Chachamim argue.
i.(Beraisa #1 - Rebbi): Osiyos are acquired through Mesirah;
ii.Chachamim say, he must write another document and do Mesirah. Doing only one is not enough.
3.Question: The Tana who argues with R. Noson cannot be Rebbi, for Rebbi holds that also Mesirah acquires a ship!
i.(Beraisa #2 - Rebbi): A ship is acquired through Mesirah;
ii.Chachamim say, it is not acquired until he does Meshichah or rents the place where it is standing.
4.Answer: Rebbi said that a ship is acquired through Mesirah, i.e. in a Reshus ha'Rabim. In a Simta (areas next to the Reshus ha'Rabim), Meshichah acquires.
2)WHERE THE VARIOUS KINYANIM WORK
(a)Question: We cannot establish Beraisa #2 to be in a Reshus ha'Rabim, for Chachamim say that it is not acquired until he does Meshichah or rents the place it is standing;
1.From whom can one rent a Reshus ha'Rabim?!
2.Also, Meshichah does not acquire in a Reshus ha'Rabim!
i.(Abaye and Rava): Mesirah acquires in a Reshus ha'Rabim, or in a Chatzer that does not belong to both of them;
ii.Meshichah acquires in a Simta or in their joint Chatzer;
iii.Hagbahah (lifting the item) acquires everywhere.
(b)Answer: Chachamim mean, it is not acquired until he does Meshichah from the Reshus ha'Rabim to a Simta. If it is in the owner's premises, he must rent the place it is standing.
(c)Suggestion: Abaye and Rava hold like Rebbi, unlike Chachamim (who say that Mesirah does not acquire in a Reshus ha'Rabim).
(d)Rejection (Rav Ashi): Chachamim agree that Mesirah acquires if the seller said 'go make Chazakah and acquire';
1.They argue when he said 'go be Moshech and acquire';
i.Chachamim say that he is insistent that the buyer do Meshichah;
ii.Rebbi says, he merely suggests that he may acquire through Meshichah if he wants. He may also acquire through Mesirah.
3)SALE OF OSIYOS (A DOCUMENT)
(a)(Rav Papa): If Reuven sold Osiyos to Shimon, he must write (in the document to transfer ownership) 'acquire it and all liens that it creates.'
(b)Question (Rav Ashi): If he did not write this, for what does he sell the document? To cork up a bottle?!
(c)Answer (Rav Kahana): Yes!