Bava Kama Chart #3
Chart for Bava Kama Daf 12a
WHEN ONE IS MACHZIK ONE ITEM, DOES HE ACQUIRE THE OTHER?
ACQUIRES AN EVED?
|1||HE TOOK HOLD OF KARKA||Yes (1)||Yes, but only if the Eved is standing on the Karka (2)||Yes (3)|
|2||HE TOOK HOLD OF AN EVED||No (4)||No (5)||R. Nachman: Yes, when the Eved is bound, and the items are upon him
Ula: Machlokes (6)
|3||HE TOOK HOLD OF METALTELIN (7)||No||No||No|
(1) He acquires the rest of the Karka through the Kinyan Chazakah that he makes on this parcel of the Karka, since all the land in the world is considered one block (as Shmuel states).
(2) According to Rav Nachman, who holds that an Eved has the status of Metaltelin, he acquires the Eved through Kinyan Agav. Even though, for all other items of Metaltelin, it is not necessary to have the item resting on the Karka ("Tziburin" is not necessary), Metaltelin that move (such as Avadim) are different. According to Ula, who holds that an Eved has the status of Karka, he acquires the Eved via the act of Chazakah that he makes on the Karka, in accordance with Shmuel's principle. Even though, when one acquires a second field by making a Chazakah on a different field, one is Koneh the second one even though the second field is not resting within the first one, Karka that moves (such as an Eved) is different and must be resting within the Karka that is being acquired. (Everyone agrees that the Eved is not acquired through Kinyan Chatzer. See Insights.)
(3) This works through Kinyan Agav.
(4) This Halachah is not stated clearly in the Gemara. It is inferred, though, from the Beraisa, that says that only when one takes hold of Karka does one acquire Avadim who are standing in the Karka, and not the opposite. This is also clear from the words of Rabeinu Yeshayah (in the Shitah Mekubetzes, end of 12a), who writes that the second Beraisa is part of one that paralleled the first with regard to all of the Halachos except for the Halachah of taking hold of Karka and acquiring Avadim (take note of the typographical error there; it should say "di'Le'eil Tani Hichzik b'*Karka* Lo Kanah Avadim..."). The reason for this is unclear (see Imrei Binyamin, and our Insights there).
(5) This is because the principle of "Sadna d'Ar'a Chad Hu" ("the earth is one block of land") obviously does not apply to Avadim (even according to Ula), nor does Kinyan Agav apply to Avadim (even according to Rav Nachman, who holds that Avadim are like Metaltelin). This is true even when one Eved is resting on or standing on the other.
(6) Regarding this case, the Gemara cites two Beraisos that contradict each other, whether one acquires the Metaltelin or not. Rav Nachman (who holds that an Eved has the status of Metaltelin) answers that one is Koneh the Metaltelin through Kinyan Chatzer, but only when the Eved is bound (and thus what is upon him is "guarded by the owner" of the Eved, "Mishtameres l'Da'ato"). The Beraisa that says that one is not Koneh is referring to when the Metaltelin are not on the Eved. According to Ula (who holds that an Eved has the status of Karka), the Beraisa that says that one is Koneh is clear, for one is Koneh through Kinyan Agav. The Beraisa that says that one is not Koneh argues and holds that only Karka that is not mobile can effect a Kinyan Agav, for such Karka is similar to the "fortified cities" mentioned in the verse (to exclude Avadim who are mobile).
(7) When one takes hold of Metaltelin, he does not acquire Karka, Avadim, or other Metaltelin, since Kinyan Agav does not work with Metaltelin (to be Koneh something Agav the Metaltelin). Also, it is impossible to be Koneh through Kinyan Chatzer an Eved who is standing on the Metaltelin, because an Eved is not normally under the supervision of the person who owns what he is standing upon (as Tosfos writes in DH Lamah Li, with regard to an Eved who is standing inside of a field). (One certainly is Koneh other Metaltelin that are resting on these Metaltelin through Kinyan Chatzer, if these Metaltelin are not resting on the property of the seller.)