1)

(a)We query Shmuel (who holds that Rachuv is Koneh as long as one uses one's legs) from the Beraisa, which equates Meshichah and Hanhagah with regard to acquiring a camel or a donkey. What is the difference between Meshichah and Hanhagah, particularly with regard to driving a camel and a donkey?

(b)This is the opinion of the Tana Kama. What does Rebbi Yehudah say?

(c)What is now the Kashya on Shmuel?

1)

(a)We query Shmuel (who holds that Rachuv is Koneh as long as one uses one's legs) from the Beraisa, which equates Meshichah and Hanhagah with regard to acquiring a camel or a donkey. 'Meshichah' constitutes pulling the animal from the front (which is the normal way to drive a camel); Hanhagah, from the back (which is the normal way to drive a donkey).

(b)This is the opinion of the Tana Kama. According to Rebbi Yehudah Meshichah does not acquire a donkey, nor Manhig a camel.

(c)The Kashya on Shmuel is based on the fact that the Tana discusses these two Kinyanim, to the apparent exclusion of Rachuv (even when he is Manhig be'Raglav).

2)

(a)How do we answer the Kashya on Shmuel? Why does the Tana Kama specifically mention Meshichah and Hanhagah (and omit Rachuv)?

(b)Then why does the Tana Kama not simply state that Meshichah and Hanhagah are effective both by a camel and by a donkey? Why does he connect Meshichah to the camel and Hanhagah to the donkey?

(c)Others ask on Shmuel from the Tana Kama's words 'be'Midah Zos Kanu', which seemingly comes to preclude Rachuv. If not, then what is he coming to preclude?

(d)If this statement of the Tana Kama precludes the reverse, how does he differ from Rebbi Yehudah?

2)

(a)We answer that the Tana Kama specifically mentions Meshichah and Hanhagah (and omits Rachuv) in order to preclude the S'vara of Rebbi Yehudah (i.e. to validate even the reverse).

(b)The Tana Kama connects Meshichah to the camel and Hanhagah to the donkey (one of them deliberately, and the other one, to balance the first one). He cannot simply state that Meshichah and Hanhagah are effective both by a camel and by a donkey because he only validates the reverse in the case of one of them (either Meshichah by a donkey or Hanhagah by a camel), but not by the other. Only we don't know which one.

(c)Others ask on Shmuel from the Tana Kama's words 'be'Midah Zos Kanu', which seemingly comes to preclude Rachuv to which we reply that the Tana is not coming to preclude Rachuv, but the reverse case.

(d)Even though this statement of the Tana Kama precludes the reverse, he nevertheless differs from Rebbi Yehudah in either Meshichah by a Chamor or Manhig by a camel, as we explained in the first Lashon.

3)

(a)What does the Tana of the Beraisa rule in the case where Reuven is riding the animal and Shimon is holding the reins?

(b)What does 'riding' mean according to Shmuel?

(c)In light of this, how do we initially amend the statement 'Zeh Kanah Chamor, ve'Zeh Kanah Mosirah'?

(d)What objection do we raise to the ruling that Shimon acquires the reins because he is holding them? Then what does he acquire?

3)

(a)In the case where Reuven is riding the animal and Shimon is holding the reins the Tana rules that Reuven acquires the animal and Shimon, the reigns.

(b)According to Shmuel 'Rachuv' means leading it with his legs (as we already explained).

(c)In light of this, we initially amend the statement 'Zeh Kanah Chamor, ve'Zeh Kanah Mosirah' to mean that Reuven acquires the donkey plus half the reins, and Shimon acquires half the reins.

(d)We object to the ruling that Shimon acquires the reins because he is holding them in view of the fact that one does not acquire an object until one has picked it up entirely, and in this case, seeing as Shimon only picked-up half the reins, and the other half remained where it was, he should not acquire the reins at all.

4)

(a)What problem do we have with the previous ruling, enabling Reuven to acquire half the reins through Shimon's Kinyan on the reins (even according to Rami bar Chama, who holds 'ha'Magbihah Mezti'ah la'Chavero, Kanah Chavero'?

(b)So how does Rav Ashi further amend the Beraisa? If Shimon acquires what he is holding, what does Reuven acquire?

4)

(a)The problem with the previous ruling (enabling Reuven to acquire half the reins through Shimon's Kinyan on the reins (even according to Rami bar Chama, who holds 'ha'Magbihah Mezti'ah la'Chavero, Kanah Chavero') is that this only applies if he picked it up on behalf of his friend, which is not the case here (where Shimon picked up the Talis in order to acquire it).

(b)So Rav Ashi further amends the Beraisa, to read that Shimon acquires what he is holding whereas Reuven acquires only the bridle-harness, which one acquires together with the donkey.

5)

(a)Rebbi Avahu reinstates the original wording of the Beraisa. On what grounds does Shimon acquire the reins, according to him?

(b)What would be the Halachah in the case where Reuven first picked up half a Talis from the floor, and Shimon then picked up the other half from a pillar?

(c)How do we know that the first one is not Kohen the entire Talis (like he ought to according to Rebbi Avahu)?

(d)What does this prove?

5)

(a)Rebbi Avahu reinstates the original wording of the Beraisa. According to him, Shimon will acquire the reins by virtue of the fact that when he picks-up the one end from the ground, it is easy to pull the other end towards him.

(b)If Reuven first picked up one end of a Talis from the floor, and Shimon then picked up the other end from a pillar both of them will acquire the Talis between them.

(c)We know that the first one is not Koneh the entire Talis (like he ought to according to Rebbi Avahu) because then the Din of two people picking up a Metzi'ah would also be subject to how the object is lying, and we know of no Tana who makes such a distinction.

(d)This proves that Rebbi Avahu's explanation is nothing more than a joke.

6)

(a)When Rebbi Eliezer in a Beraisa states that someone who rides an animal in town or leads it in the field acquires it, what is he coming to preclude?

(b)Why is it not customary to ride an animal in town?

6)

(a)When Rebbi Eliezer in a Beraisa states that someone who rides an animal in town or leads it in the field, acquires it, he is coming to preclude riding in town, which is not Koneh.

(b)It is not customary to ride an animal in town because it is considered a lack of modesty.

7)

(a)We conclude that 'Rochev' means Manhig be'Raglav, and that Rebbi Eliezer is referring to two different kinds of Manhig. How does Rav Kahana explain the inference? Why does one not acquire the animal by riding it in town, according to him?

(b)How does Rav Ashi disprove Rav Kahana from the Din of someone who picks up a purse on Shabbos?

(c)So how does Rav Ashi establish the Beraisa? If Rebbi Eliezer is not referring to a Metzi'ah, then what is he referring to?

(d)We cite three exceptions to Rebbi Eliezer's ruling. On what grounds will the purchaser acquire the animal even through riding it in town, if 'he' is ...

1. ... riding in a main road?

2. ... a man of high esteem?

3. ... a woman?

4. ... a man with no self-respect?

7)

(a)We conclude that 'Rochev' means Manhig be'Raglav, and that Rebbi Eliezer is referring to two different kinds of Manhig. According to Rav Kahana, one does not acquire the animal by riding it in town because people do not usually ride animals in town, as we explained.

(b)Rav Ashi disproves Rav Kahana from the Din of someone who picks up a purse on Shabbos and acquires it even though people do not usually pick up purses on Shabbos (in other words, time and location do not affect Kinyanim notwithstanding certain Kinyanim, which Chazal only instituted in certain locations).

(c)So Rav Ashi establishes Rebbi Eliezer (not by the case of Metzi'ah, but) by the case of purchase, where the seller specified that the purchaser must acquire it in the way that people normally do.

(d)We cite three exceptions to Rebbi Eliezer's ruling. The purchaser will acquire the animal even through riding it in town, if 'he' is ...

1. ... riding in a main road because then, in order not to become separated from his animal, everyone tends to ride rather than lead the animal.

2. ... a man of high esteem for whom it is undignified to lead his animal.

3. ... a woman who feels safer on the animal's back.

4. ... a man with no self-respect who sees nothing wrong with riding in town.

9b----------------------------------------9b

8)

(a)Rebbi Elazar asked what the Din will be if Reuven says to Shimon 'Meshoch Beheimah Zu Lik'nos Keilim she'Alehah'. What is wrong with this wording?

(b)So we amend the wording to 'Meshoch Beheimah Zu u'K'ni Keilim she'Alehah'. What exactly is Rebbi Elazar's She'eilah?

(c)Rava comments on the She'eilah that clearly, Rebbi Elazar takes for granted that if he meant to acquire the animal as well, he would certainly acquire the vessels. What is the problem with that? Why ought he not to acquire the vessels ...

1. ... even if he means to acquire the animal as well?

2. ... even if the animal is standing still?

(d)From where do we know that a walking Chatzer is not Koneh?

8)

(a)Rebbi Elazar asked what the Din will be if Reuven says to Shimon 'Meshoch Beheimah Zu Lik'nos Keilim she'Alehah'. However the wording of the She'eilah is erroneous because Reuven failed to instruct Shimon to acquire the vessels, in which case, he is merely telling him to have in mind to acquire them, but that he is not giving them to him.

(b)So we amend the wording to 'Meshoch Beheimah Zu u'K'ni Keilim she'Alehah', and Rebbi Elazar's She'eilah is whether the recipient will acquire the vessels by means of the Kinyan on the animal (even though he is not acquiring the animal itself).

(c)Rava comments on the She'eilah that clearly Rebbi Elazar takes for granted that if he meant to acquire the animal as well, he would certainly acquire the vessels. The problem with this is that he ought not to acquire the vessels ...

1. ... even if he means to acquire the animal as well because a walking Chatzer is not Koneh.

2. ... even if the animal is standing still because a Chatzer that is able to walk is not Koneh even if when it is static.

(d)We know that a walking Chatzer is not Koneh because Kinyan Chatzer stems from the Pasuk in Mishpatim "ve'Im Himatzei Simatzei be'Yado", 'Le'rabos Gago, Chatzero ve'Karfifo' (which, like "Yado", cannot move without his consent).

9)

(a)How do we finally justify the She'eilah? When is it possible to acquire the vessels together with the animal?

(b)Now that a walking Chatzer is not Koneh, how did ...

1. ... Rava explain to Rav Papa and Rav Huna Brei de'Rav Yehoshua the accepted Halachah that fish which leap into a boat belong to the owner?

2. ... Rav Ashi explain to Ravina the Halachah (cited in the Mishnah in Gitin) that if a man throws a Get into the basket that his wife is carrying in the street, she is divorced?

9)

(a)We finally justify the She'eilah, by establishing that it is possible to acquire the vessels together with the animal when the animal is trussed up.

(b)Despite the fact that a walking Chatzer is not Koneh ...

1. ... Rava explained to Rav Papa and Rav Huna Brei de'Rav Yehoshua the accepted Halachah that fish which leap into a boat belong to the owner on the grounds that a ship is not a walking Chatzer, since it is basically static, and it is the water that moves it.

2. ... Rav Ashi explained to Ravina the Halachah (cited in the Mishnah in Gitin) that if a man throws a Get into the basket that his wife is carrying in the street, she is divorced because the basket (like the ship) is static, and it is the woman who is moving.

10)

(a)What does our Mishnah rule in a case where following a request from Reuven to pick up a Metzi'ah on his behalf, Shimon picks it up ...

1. ... and promptly declares that he acquired it for himself?

2. ... hands it to him, and then declares that he acquired it first?

(b)Why will the latter ruling apply even according to those who hold 'ha'Magbihah Metzi'ah la'Chavero, Lo Kanah Chavero'?

10)

(a)Our Mishnah rules that, in a case where, following a request from Reuven to pick up a Metzi'ah on his behalf, Shimon picks it up ...

1. ... and promptly declares that he acquired it for himself it belongs to Shimon.

2. ... hands it to him, and then declares that he acquired it first it belongs to Reuven.

(b)The latter ruling will apply even according to those who hold 'ha'Magbihah Metzi'ah la'Chavero, Lo Kanah Chavero' because 'Mah Nafshach', if Shimon acquired the article, then he gave it to Reuven as a gift, and if he did not, then Reuven acquired it from Hefker, when he took it from Shimon's hand.

11)

(a)According to Rebbi Eliezer in the Mishnah in Pe'ah, if a rich man picks up Pe'ah on behalf of a poor man, the latter acquires it. Does this Halachah extend to the owner of the field?

(b)What do the Rabbanan hold?

(c)Ula Amar Rebbi Yehoshua ben Levi confines the Rabbanan's ruling to a rich man acquiring on behalf of a poor one. What is the basis of the Machlokes according to him? On what grounds ...

1. ... does Rebbi Eliezer permit the poor man to keep the Pe'ah?

2. ... do the Rabbanan rule that he may not?

(d)Why will the Rabbanan concede to Rebbi Eliezer in the case of a poor man picking up the Pe'ah on behalf of another poor man?

11)

(a)According to Rebbi Eliezer in the Mishnah in Pe'ah, if a rich man picks up Pe'ah on behalf of a poor man, the latter acquires it This Halachah does not extend to the owner of the field, based on the Pasuk in Kedoshim "Lo Selaket, le'Ani" from which we learn that even if the owner is a poor man, he is forbidden to take Pe'ah from his own field.

(b)The Rabanan hold that the poor man does not acquire it (until it reaches his hand). Consequently, any other poor man may help himself to it first.

(c)Ula Amar Rebbi Yehoshua ben Levi confines the Rabanan's ruling to a rich man acquiring on behalf of a poor one. According to him ...

1. ... Rebbi Eliezer permits the poor man to keep the Pe'ah because he applies two 'Migus' ('Migu' that he could declare his property Hefker and become eligible to take Pe'ah, and 'Migu de'Zachi le'Nafsheih, Zachi Nami le'Chavreih'.

2. ... the Rabanan rule he may not, because they only apply one 'Migu' at a time, but not simultaneously.

(d)The Rabanan will concede to Rebbi Eliezer in the case of a poor man picking up the Pe'ah on behalf of another poor man because that only requires one 'Migu', and the Rabanan do not argue with the concept of 'Migu de'Zachi le'Nafsheih, Zachi Nami le'Chavreih'.

12)

(a)We learned in our Mishnah that where Shimon, in apparent compliance with Reuven's request, picks up the Metzi'ah that Reuven asked him to pick up on his behalf, and declares that he acquired it for himself, it is his. According to Ula, Shimon claims that he originally picked up the article on his own behalf (as we explained in our Mishnah). How does Rav Nachman interpret the Mishnah?

(b)What does he then extrapolate from our Mishnah (regarding 'Migu de'Zachi le'Nafsheih ... ')?

(c)How does he go on to prove from here that the Rabbanan must argue with Rebbi Eliezer even in the case of a poor man picking up Pe'ah on behalf of a poor man? What problem would our Mishnah otherwise pose?

(d)Does this mean that, according to Rav Nachman, the Tana of our Mishnah does not hold of 'Migu de'Zachi le'Nafsheih ... ' at all?

12)

(a)We learned in our Mishnah that where Shimon, in apparent compliance with Reuven's request, picks up the Metzi'ah that Reuven asked him to pick up on his behalf, and declares that he acquired it for himself, it is his. According to Ula, Shimon claims that he originally picked up the article on his own behalf (as we explained in our Mishnah). Rav Nachman, interprets the Mishnah to mean that it is now that Shimon wishes to acquire the object, even though originally, he picked it up on behalf of Reuven.

(b)Rav Nachman extrapolates from this that the Tana holds 'Hamagbihah Metzi'ah la'Chavero, Lo Kanah Chavero', even in a case where there is a 'Migu'.

(c)He then goes on to prove from here that the Rabanan must argue with Rebbi Eliezer even in the case of a poor man picking up Pe'ah on behalf of a poor man (because they do not hold of 'Migu de'Zachi le'Nafsheih ... '). Otherwise, who will be the author of our Mishnah (seeing as both Rebbi Eliezer and the Rabanan hold ' ... Zachi Nami le'Chavreih')?

(d)Even according to Rav Nachman, however even the Tana of our Mishnah holds of 'Migu de'Zachi le'Nafsheih ... ', provided he also acquires it partially for himself (because our Sugya is speaking specifically when Shimon acquires the article or the Pe'ah on behalf of Reuven exclusively).

13)

(a)Ula answers that the Tana must be speaking when Shimon said that he picked up the object initially on Reuven's behalf, as we explained. And he proves this from the Tana's use of the word 'Techilah' in the Seifa (where he said, after having giving it to Reuven 'Ani Zachisi Bah Techilah'). What would be the problem with this statement per se?

(b)What does Ula therefore prove from there?

(c)How does Rav Nachman counter Ula's proof?

13)

(a)Ula answers that the Tana must be speaking when Shimon said that he picked up the object initially on Reuven's behalf, as we explained, and he proves this from the Tana's use of the word 'Techilah' in the Seifa (where he said, after having giving it to Reuven 'Ani Zachisi Bah Techilah'). The problem with this per se would be that it is obvious, and hardly needs to be mentioned, since otherwise, how could Shimon possibly expect to acquire the article that he already gave to Shimon?

(b)Ula therefore concludes that the Tana must insert 'Techilah' in the Seifa, to reveal that the Reisha too, speaks when he said 'Techilah'.

(c)To counter Ula's proof, Rav Nachman explains that the Tana inserts 'Techilah' in the Seifa, implying that the Reisha speaks when he did not say 'Techilah'.

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