1)WHERE CAN KELIM ACQUIRE?

(a)(Rav and Shmuel): The buyer's Kelim acquire for him everywhere, except for in a Reshus ha'Rabim;

(b)(R. Yochanan and Reish Lakish): They acquire even in a Reshus ha'Rabim.

(c)(Rav Papa): They do not argue: Rav and Shmuel refer to a proper Reshus ha'Rabim, and R. Yochanan and Reish Lakish refer to a Simta.

(d)Question: If they meant a Simta, why did they call it a Reshus ha'Rabim?

(e)Answer: They call it a Reshus ha'Rabim because it is not a Reshus ha'Yachid.

(f)Support (R. Avahu citing R. Yochanan): The buyer's Kelim acquire anywhere he is allowed to place them.

1.Inference: They do not acquire where he may not place them (, i.e. a Reshus ha'Rabim).

(g)Question (Beraisa): There are four laws regarding a sale. Before the measure is full, the merchandise belongs to the seller (this is relevant in case it will spill, the price will change, or one of them wants to retract);

1.After the measure is full, it belongs to the buyer;

2.This is when the measuring Kli belongs to a third party (who lent it to them);

i.If it belongs to one of them, the buyer acquires every amount once it enters the Kli.

3.This is in a Reshus ha'Rabim or a Chatzer that does not belong to either of them;

i.In the seller's premises, he does not acquire until he does Hagbahah or takes it out of the premises;

ii.In the buyer's premises, he acquires as soon as the seller agrees to sell.

iii.In the premises of Levi (with whom the merchandise was deposited), he does not acquire until Levi agrees that the buyer may use the premises to acquire, or rents the premises to him.

4.Summation of question: It says that in a Reshus ha'Rabim or a Chatzer that does not belong to either of them (the buyer acquires if one of them owns the Kli)!

85b----------------------------------------85b

5.Suggestion: The Beraisa refers to a proper Reshus ha'Rabim.

(h)Answer: No, it refers to a Simta.

(i)Question: Reshus ha'Rabim was taught together with a Chatzer that does not belong to either of them. Presumably, they are similar! (A Simta is different, for each has the right to use it.)

(j)Answer: The Beraisa refers to a Chatzer that does not belong exclusively to either of them. Rather, it is their joint Chatzer.

2)THE BUYER'S KELIM IN THE SELLER'S PREMISES

(a)Question (Rav Sheshes): Does a buyer acquire with his Kelim in the seller's premises?

(b)Answer #1 (Rav Huna - Mishnah): If a man threw a Get into his wife's garment or basket (in his premises), she is divorced.

(c)Question (Rav Nachman): Why did Rav Huna answer from that Mishnah? Many Chachamim rejected that proof!

(d)Rejection #1 (Rav Yehudah): The case is, the basket was hanging on her (it is not in his Reshus).

(e)Rejection #2 (Reish Lakish): Even if the basket was tied to her but dragging on the ground (she is divorced).

(f)Rejection #3 (Rav Ada bar Ahavah): The case is, the basket was between her legs. (He allows her to use the place between her legs, so it is like her Reshus.)

(g)Rejection #4 (Rav Mesharshiya brei d'Rav. Ami): The case is, he sells baskets (therefore, he allows her to use place of the basket).

(h)Rejection #5 (R. Yochanan): A man allows his wife to use the place of her garment and basket.

(i)Answer #2 (Rav Nachman - Beraisa): In the seller's premises, he does not acquire until he does Hagbahah or takes it out of the premises.

1.Suggestion: This is even if the Kli belongs to the buyer.

(j)Rejection: No, it is only when the seller owns it.

(k)Question: If that case refers to the seller's Kli, also the next case does!

1.(Seifa): In the buyer's premises, he acquires as soon as the seller agrees to sell.

2.Why should he acquire in the seller's Kli?!

(l)Answer: That refers to the buyer's Kli.

(m)Question: Why does the Beraisa assume in the Reisha that they use the seller's Kli, and in the Seifa, they use the buyer's Kli?

(n)Answer: The seller's Kelim are more common in the seller's premises. The buyer's Kelim are more common in the buyer's premises.

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