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BAVA METZIA 9

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SUMMARY

If two people were doing Meshichah on a donkey or were leading a camel or one was doing Meshichah and the other was leading they are Koneh.
 
R. Yehudah says that only Meshichah is Koneh a donkey and only leading is Koneh a camel but not vice versa. (1)
 
If one person is riding a donkey and the other person is grasping the reigns the one who is riding is Koneh the donkey and its headgear while the other person is Koneh the portion of the reigns that is in his hands. (2)
 
If half of a Talis is resting on the ground and the other half is resting on a pillar, if one person picks up the part of the Talis that is on the ground and a second person picks up the other half each one is Koneh half of the Talis.
 
If someone purchases an animal and the seller told him to be Koneh in the method that people are normally Koneh if he rides it in the field he is Koneh but not if he rides it in the city and if he leads the animal he is Koneh even in the city. (3)
 
If the buyer rides the animal in the Reshus ha'Rabim, or if he is a prominent person, or a woman, or a lowly person, he is Koneh even if he rides it in the city. (4)
 
If someone is Makneh utensils to his friend and the utensils are on an animal it is a Safek if he is Koneh the utensils by doing Meshichah on the animal.
 
If he is Makneh the animal along with the utensils he is Koneh the utensils with a Kinyan Chatzer by doing Meshichah on the animal if the animal is tied up.
 
A person can't be Koneh with a Kinyan Chatzer if the Chatzer is capable of moving unless it is tied up.
 
If fish jump into a boat the owner of the boat is Koneh with a Kinyan Chatzer because the water pushes the boat and it doesn't move on its own.
 
If a woman is walking in the Reshus ha'Rabim and her husband throws a Get in her basket she is Koneh the Get with a Kinyan Chatzer because she is moving the basket and it is not moving on its own.
 
If someone sees a Metzi'ah and asks his friend to give it to him and his friend picks it up and says I am Zocheh in it he is Zocheh.
 
If after the friend gives it to him he says I was Zocheh in it first his words are meaningless.
 
If someone picks up Pe'ah and he says this shall be for a certain Ani according to R. Eliezer the Ani is Zocheh in it, while the Chachamim hold he shall give it to the first Ani that he sees.
 
Ula says that the Machlokes between R. Eliezer and the Chachamim is when the person who picked it up is rich, but if he is poor everyone agrees that the Ani whom he picked it up for is Zocheh in the Pe'ah. (5)

A BIT MORE

1. The Tana Kama holds that both Meshichah and leading is a valid Kinyan for either a donkey or a camel and regarding the other one they agree with R. Yehudah that only one of the Kinyanim is effective and there are two opinions in the Gemara whether it is for a donkey that both Kinyanim work for or it is a camel that both Kinyanim work for.
 
2. Neither one of them are Koneh the remainder of the reigns and anyone who comes along and makes on a Kinyan on it is Koneh.
 
3. Since it is not usual to ride an animal in the city because of the crowds of people he is not Koneh with riding, only with leading.
 
4. Because it is usual for these type of people to ride an animal even in the city.
 
5. R. Eliezer holds that even if the person who picked it up is rich he may be Zocheh it for his friend since he could be Mafkir his property and be Zocheh in the Pe'ah for himself and since he could be Zocheh for himself he could be Zocheh for others, while the Chachamim hold that we only say one Migo (since) and not two Migo and therefore if he is poor the Ani is Zocheh but not if he is rich.

BRIEF INSIGHT

AN ANIMAL AND UTENSILS
 
If someone is Makneh utensils to his friend and the utensils are on an animal is a Safek if he is Koneh the utensils by doing Meshichah on the animal. The Rosh says that since it is a Safek the buyer is not Koneh the animal and it remains in the possession of the seller. However, if someone is Koneh a Metzi'ah or Hefker in this fashion he is Koneh mi'Safek and if someone grabs it from him he must give it back. Even though he was only Koneh mi'Safek since no one else had any claim on it he is now considered Muchzak and no one may grab it from him. Even though the Gemara concluded previously that if a Kohen grabs a Bechor mi'Safek he may not keep it, that is because it remains in the Chazakah of the previous owner, but in this case since there is no original owner the person who is Muchzak on it mi'Safek is considered the Muchzak and no one may take it from him.

QUICK HALACHAH

GRASPING THE REIGNS
 
If a person grasps the reigns of a lost animal he is not Koneh until he does Meshichah or leads the animal and the same is true regarding the property of a Ger, however he is Koneh the reigns. If one person is riding an animal and another person is grasping the reigns the person riding the animal is Koneh the animal and the portion of the reigns that is on the jaw of the animal and the person who is grasping the reigns is Koneh the portion of the reigns that is in his hands and neither of them are Koneh the remainder of the reigns. If both of them were riding the animal or one was riding and the other was leading they are both Koneh and they divide the animal. (Shulchan Aruch CM 271: 2,3)

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