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Bava Basra Chart #4

Bava Basra Daf 76a-b

HOW DOES ONE ACQUIRE A BEHEMAH GASAH(1) OR A BOAT?
  (A)
IN RESHUS HA'RABIM, WHEN THE SELLER SAYS, "GO AND ACQUIRE IT"(2)
(ABAYE AND RAVA)		 (B)
IN RESHUS HA'RABIM,WHEN THE SELLER SAYS, "GO AND PULL IT"(2)
(THE SECOND BERAISA) 		(C)
IN A SIMTA
(THE FIRST BERAISA)
1) MESIRAH is Koneh(3) Rebbi: is Koneh(4)
R. Nasan: not Koneh		 not Koneh(5)
3) MESHICHAH not Koneh not Koneh is Koneh
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FOOTNOTES:
==========
 (1) A Behemah Dakah, in contrast, is not acquired through Mesirah since it is not the common to transfer it through Mesirah. See below footnote #5.
(2) That is, the seller says to the buyer at the time of the transaction, "Lech Chazek" ("go and acquire it") or "Lech Meshoch" ("go and pull it towards you").
(3) Since Meshichah is not an effective Kinyan in Reshus ha'Rabim, Mesirah becomes the common mode of transfer there and is a valid Kinyan (Rashbam, 76b).
(4) He holds that when the seller says, "Meshoch" the seller does not mean that the buyer should specifically do Meshichah, but rather he is just saying that the object is ready to be taken at any time.
(5) Since it is the normal manner to do Meshichah, Mesirah is not an effective form of Kinyan in a Simta (Rashbam, 76b). Rabeinu Tam (Tosfos DH Sefinah) argues and maintains that Mesirah also is an effective form of Kinyan in a Simta, since it was obviously common to transfer animals with Mesirah and not just with Meshichah (as we find that Mesirah is an effective Kinyan when it is done in Reshus ha'Rabim).

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