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1) SALE OF OSIYOS (cont.)

(a) Version #1 - Rashbam - (Ameimar): The Halachah follows Rebbi, Osiyos are acquired through Mesirah.
(b) Version #2 - Tosfos - (Ameimar): The Halachah follows Chachamim, Osiyos are not acquired through Mesirah. (End of Version #2)
(c) Rav Ashi: Did you hear that, or do you say it from reasoning?
(d) Ameimar: I heard it.
(e) Rav Ashi: Reasoning also says so!

1. Osiyos are Mili (have no intrinsic value), they cannot be acquired through Mili (Rashbam - another document; Tosfos - Mesirah).

(f) Question: But Rabah bar Yitzchak taught, there are two laws of documents:

1. If the seller said 'Acquire the field for Ploni (e.g. Chalifin) and write the document', he can retract his authorization of a document, but not the gift (the people present acquired immediately for Ploni);
2. If he said 'Acquire the field for him on condition that you write the document', he can retract the document and the gift (until Ploni receives the document).
3. (R. Chiya bar Avin): There is a third law, if the seller wrote the document in the buyer's absence;

i. A seller may write the document in the buyer's absence.

4. When the buyer makes Chazakah on the field, he acquires the document, wherever it is. (Ran - even if it contains extra rights for the buyer, i.e. Osiyos.)

i. (Mishnah): Metaltelim can be acquired Agav (along with acquisition of) land, through money, a document or Chazakah. (Rashbam - the document is acquired just because the seller wants to give it; Tosfos - Agav is a weak acquisition, like Mili, and it works.)

(g) Answer: Agav is different (it is a strong acquisition).
(h) Support: Agav is stronger than Chalifin regarding money: money is not acquired through Chalifin, but it is acquired Agav land.

1. Rav Papa had 12,000 Dinarim in Bei Chuza'i; he gave them to Rav Shmuel bar Acha, Agav the corner of his house, in order that the watchman would give them to Rav Shmuel (to return to Rav Papa).

(i) (Mishnah): He did not sell the slaves, bags or Antiki.
(j) Question: What is Antiki?
(k) (Rav Papa): The merchandise in the ship.

(a) (Mishnah): If one sells a wagon, he did not sell the mules; if he sold the mules, he did not sell the wagon.
(b) If one sells a yoke, he did not sell the oxen; if he sold the oxen, he did not sell the yoke;
(c) R. Yehudah says, the price indicates whether or not he sold the oxen;

1. If he sold a yoke for 200 Zuz, surely this includes the oxen!

(d) Chachamim say, the price is not a proof.
(e) (Gemara - Rav Tachlifa bar Ma'arava - Beraisa): If one sells a wagon, he sells the mules.
(f) R. Avahu: But our Mishnah says, he did not sell the mules!
(g) Rav Tachlifa: I will no longer recite this Beraisa (it is mistaken).
(h) R. Avahu: It is not mistaken - the case is, the mules are attached to the wagon.
(i) (Mishnah): If one sells a yoke, he did not sell the oxen...
(j) Question: What is the case?

1. If people (only) call a yoke a yoke, and (only) call oxen oxen, obviously, the oxen are not sold!

(k) Answer #1: Rather, 'yoke' refers to the yoke and the oxen.
(l) Rejection: If so, he surely sold the oxen as well!
(m) Answer #2: Rather, (most) people call a yoke a yoke, and call oxen oxen, and a minority use 'yoke' to refer to the oxen as well.

1. R. Yehudah says, the price indicates what he sold; Chachamim say, the price is not a proof.