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Bechoros Chart #3

Bechoros Daf 13a

ONE WHO BUYS PIECES OF SILVER FROM A NOCHRI AND THEN FINDS IMAGES ON AN IDOL ON THEM(1)
  (A)
HE DID NOT GIVE MONEY, AND DID MESHICHAH -- HE IS NOT "KONEH" AND HE MAY RETURN THE SILVER		 (B)
HE GAVE MONEY, AND DID MESHICHAH -- HE IS "KONEH" AND HE MAY NOT RETURN THE SILVER, BUT MUST THROW IT INTO THE SEA
1) ABAYE:
MESHICHAH IS KONEH(2) 		Mekach Ta'us Since he paid money, he should have examined the merchandise first. Since he did not examine the merchandise, he accepted it as is.
2) RAVA:
MESHICHAH IS KONEH(2) 		Mekach Ta'us Mekach Ta'us; however, the Rabanan decreed that he not return the silver to the Nochri and receive his money back, because doing so appears as though he is selling objects of idolatry.
3) RAV ASHI:
KESEF IS KONEH		 Only Kesef is Koneh, and not Meshichah Since he paid money, he is Koneh(3)
4) RAVINA:
MESHICHAH IS KONEH(2)		 He did not perform Meshichah at all(4) Since he did Meshichah, he is Koneh(5)
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FOOTNOTES:
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 (1) The Beraisa teaches that one who buys pieces of silver from a Nochri and finds images of idols on them may return them if he did not yet give money for them, even though he did Meshichah with them. However, if he gave money for them and did Meshichah with them, then the Kinyan is valid and he may not return them; he must throw the silver into the sea. The Beraisa implies that giving money alone, or Meshichah alone, does not suffice to effect a Kinyan. What is the difference between the Reisha and the Seifa, such that in the Reisha the Jew is not Koneh the silver, and in the Seifa he is Koneh the silver?
(2) Meshichah is Koneh in this case, even though, normally, the Kinyan of Meshichah does not work when acquiring an object from a Nochri. In this case, though, the non-Jew explicitly stipulated that he wants to consummate the purchase according to Jewish law.
(3) And "u'Mashach" is Lav Davka.
(4) See Insights here, quoting Tosfos on 14a, DH v'Reisha.
(5) And the giving of money, according to Ravina, is Lav Davka.

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