REVACH L'DAF
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| BAVA BASRA 77 (7 Elul) - Dedicated in memory of Esther Miryam bas Harav Chaim Zev and her husband Harav Refael Yisrael ben Harav Moshe (Snow), whose Yahrzeits are 7 Elul and 8 Elul respectively. Sponsored by their son and daughter in law, Moshe and Rivka Snow. |
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SUMMARY
1. Movable objects and documents can be acquired by acquiring the land on which rest.
2. Money may be acquired by acquiring the land on which the money rests.
3. The Gemara discusses what is included in the sale of a wagon and a yoke for plowing.
4. There is a dispute about the law in a case where the amount paid seems to include the animals that pull the wagon.
5. Even though the Chachamim say that the amount paid is not proof that the animals are included, it could be negate the deal.
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A BIT MORE
1. This mode of acquisition is derived by the Gemara in Kidushin (26a) from verses.
2. This is known as a Kinyan Agav. The Gemara relates that Rav Papa indeed used this method of acquisition to acquire money.
3. When the animals are not hooked up to the wagon or yoke at the time of the sale, it is clear that they are not included in the sale.
4. Chachamim: Even in this case, the animals are not included. Rebbi Yehudah: The amount of money paid indicate whether the animals were included in the sale.
5. This is because the amount paid may be an amount that is considered Ona'ah (one sixth more than the market value) for the wagon or yoke. In a case where the seller overcharged more than Ona'ah (one sixth), the deal is invalid.
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Index to Revach for Maseches Bava Basra
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