1)

(a)In connection with the Machlokes between Rav and Shmuel, we cite a Beraisa which begins 'Sefinah Nikneis bi'Meshichah'. Which two points does Rebbi Nasan add to this? What does 'Osiyos' mean?

(b)What does 'Osiyos' mean?

(c)What is the problem with Rebbi Nasan's mention of 'Osiyos'?

(d)How do we therefore amend the Tana Kama's statement?

1)

(a)In connection with the Machlokes between Rav and Shmuel, we cite a Beraisa which begins 'Sefinah Nikneis bi'Meshichah'.. Rebbi Nasan says 'Sefinah ve'Osiyos Niknos bi'Meshichah u'vi'Shtar'.

(b)'Osiyos' means a Shtar-Chov.

(c)The problem with Rebbi Nasan's mention of 'Osiyos' is that seeing as the Tana Kama did not say anything about 'Osiyos', why does Rebbi Nasan see fit to insert it?

(d)We therefore amend the Tana Kama's statement to read 'Sefinah Nikneis bi'Meshichah ve'Osiyos bi'Mesirah'.

2)

(a)What problem do we still have with Rebbi Nasan's ruling?

(b)So how do we amend Rebbi his statement?

2)

(a)The problem that we still have with Rebbi Nasan's statement is why a boat (which is after all, Metaltelin) should require a Shtar at all?

(b)So we amend Rebbi Nasan's statement to read 'Sefinah Niknos bi'Meshichah, ve'Osiyos bi'Shtar'.

3)

(a)What would be the Din is, according to Rebbi Nasan, one were to acquire Osiyos with Mesirah alone?

(b)So what does he mean when he says that one acquires Osiyos with a Shtar?

(c)Why, according to both Tana'im, can one not acquire a Shtar-Chov with Meshichah?

(d)Rebbi Nasan's statement 'Sefinah bi'Meshichah' appears to tally with the Tana Kama's opinion. How do we initially interpret their Machlokes?

3)

(a)According to Rebbi Nasan, if one were to acquire 'Osiyos' with Mesirah alone he would acquire it, but only to use as a bottle-stopper (not to claim with) ...

(b)... and when he says that one acquires Osiyos with a Shtar, he means that besides acquiring the actual Shtar (with Mesirah, like the Tana Kama) one still needs a Shtar in order to acquire the contents of the Shtar and the Shibud).

(c)According to both Tana'im, one cannot acquire a Shtar-Chov with Meshichah because Meshichah only acquires something that has intrinsic value.

(d)Rebbi Nasan statement 'Sefinah bi'Meshichah' appears to tally with the Tana Kama's opinion. Initially, we equate their Machlokes with that of Rav and Shmuel. The Tana Kama requires a full-scale Meshichah (the entire length of the ship [like Shmuel]); whereas Rebbi Nasan requires only a slight Meshichah (like Shmuel).

4)

(a)We conclude that Rebbi Nasan and the Tana Kama do not argue with regard to acquiring a ship through Meshichah, where they could hold either like Rav or like Shmuel. Then over what are they arguing?

(b)This too, is not a new Machlokes. Which Tana'im argued over the same point before?

(c)In another Beraisa, Rebbi says 'Osiyos Niknos bi'Mesirah'. What do the Chachamim say?

4)

(a)We conclude that Rebbi Nasan and the Tana Kama do not argue with regard to acquiring a ship through Meshichah, where they could hold either like Rav or like Shmuel, and they are arguing over whether one acquires Osiyos with Mesirah alone (the Tana Kama), or whether one requires a Shtar as well (Rebbi Nasan).

(b)This too, is not a new Machlokes because it is an established Machlokes between Rebbi and the Chachamim.

(c)In another Beraisa, Rebbi says 'Osiyos Niknos bi'Mesirah'. According to the Chachamim, one acquires a Shtar-Chov with Mesirah and a Shtar (as we explained in Rebbi Nasan).

76b----------------------------------------76b

5)

(a)In yet another Beraisa, Rebbi says 'Sefinah Nikneis bi'Mesirah'. What do the Chachamim say? How, according to them, could one acquire a ship, other than by means of Meshichah?

(b)In that case, having established the Tana Kama of Rebbi Nasan like Rebbi, why does one require Meshichah to acquire the ship? Why not with Mesirah?

(c)Why does Mesirah not acquire in a Simta?

5)

(a)In yet another Beraisa, where Rebbi says 'Sefinah Nikneis bi'Mesirah', the Chachamim rule that a ship requires either Meshichah, or by hiring the place where it is located.

(b)In that case, in spite of having established the Tana Kama of Rebbi Nasan like Rebbi, one requires Meshichah to acquire the ship (and not with Mesirah, like Rebbi) because whereas Rebbi is speaking in the Reshus-ha'Rabim (where Meshichah cannot acquire), the Rabanan of Rebbi Nasan are speaking in a Simta (an alleyway where it can).

(c)Mesirah does not acquire in a Simta, because since it is available to acquire with Meshichah (which by definition, entails drawing the animal into one's own domain), people tend not to use it for Mesirah.

6)

(a)Abaye and Rava categorize the locations of the various Kinyanim. Mesirah acquires in the Reshus ha'Rabim and in a Chatzer that belongs exclusively to the seller. In which equivalent two locations does Meshichah acquire?

(b)Where does Hagbahah acquire?

(c)If Rebbi is speaking in a Reshus ha'Rabim, what do the Chachamim mean when they say ...

1. ... 'ad she'Yimshachenah'?

2. ... 'O ad she'Yiskor es Mekomo'? What rights of ownership does one have in a Reshus ha'Rabim?

6)

(a)Abaye and Rava categorize the locations of the various Kinyanim. Meshichah acquires in the Reshus ha'Rabim and in a Simta. The equivalent two locations where Meshichah acquires are a Simta and a Chatzer that is jointly owned by both parties.

(b)Hagbahah acquires everywhere.

(c)Even though Rebbi is speaking in a Reshus ha'Rabim, when the Chachamim say ...

1. ... 'ad she'Yimshachenah', they mean until he draws the animal from the Reshus ha'Rabim into his domain.

2. ... 'O ad she'Yiskor es Mekomo', they mean to say that if the Kinyan was taking place in the owner's domain, then he could rent him the animal's location together with the animal.

7)

(a)Like which Tana do we initially establish Abaye and Rava with regard to Mesirah?

(b)We conclude however, that even the Chachamim would agree that it is possible to acquire a boat in the Reshus ha'Rabim with Mesirah. On what condition is that?

(c)In which case do they then argue with Rebbi and require specifically Meshichah?

(d)In that case, why does Rebbi validate Mesirah?

7)

(a)We initially establish Abaye and Rava (with regard to Mesirah) like Rebbi (who holds that one can acquire a boat with Mesirah).

(b)We conclude however, that even the Chachamim would agree that it is possible to acquire a boat in the Reshus ha'Rabim with Mesirah if the owner were to say 'Lech Chazek u'Keni' ...

(c)... and they argue with Rebbi and require specifically Meshichah in a case where the owner said 'Lech Meshoch u'Keni', which according to them, he means literally,.

(d)And the reason that Rebbi nevertheless validates Mesirah is because 'M'shoch' according to him, is only an indication. What he really meant to say was that, once he acquires the boat with Mesirah, the purchaser will be authorized to draw the ship into his domain.

8)

(a)According to Rav Papa, what does someone who acquires a Shtar-Chov need to specify?

(b)Where does he specify this? Like which Tana does Rav Papa hold?

(c)Rav Ashi asked Rav Kahana whether this means that if the seller fails to write this, the purchaser only acquires the Shtar to use as a bottle-stopper. What is the basis of Rav Ashi's Kashya? What does he personally hold?

(d)What was Rav Kahana's reply?

8)

(a)According to Rav Papa, someone who acquires a Shtar-Chov needs to specify that the purchaser should acquire the Shtar together with its contents.

(b)He needs to specify this in the Shtar, because he holds like the Rabanan of Rebbi, who require a Shtar together with Mesirah in order to acquire a Shtar.

(c)Rav Ashi asked Rav Kahana whether this means that if the seller fails to write this, the purchaser only acquires the Shtar to use as a bottle-stopper because he personally ruled like Rebbi ('Osiyos Niknos bi'Mesirah'), in which case no Shtar is required.

(d)Rav Kahana replied in the affirmative.

OTHER D.A.F. RESOURCES ON THIS DAF