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Bava Basra 86b

בבא בתרא פ״ו ע״ב

Bava Batra 86b

Learn Bava Basra 86b step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

Can lift-items be acquired by משיכה? Then רב and שמואל on when a buyer acquires grain sold by measure, defended against a ברייתא.

Overview

The גמרא asks whether something normally lifted can also be acquired by pulling (משיכה). It first brings our משנה about produce acquired by pulling. It answers that the משנה means huge bundles that are dragged, not carried. The flax case in the סיפא challenges this answer, and the גמרא explains that flax slips apart, so it is only made into small bundles that are lifted. רבינא then brings a משנה where the חכמים say small animals are acquired by משיכה. רב אשי answers that animals cling to the ground, so pulling is their normal way of moving. Next, רב and שמואל teach that if a seller sells a whole כור as one unit, he can back out until the last סאה is measured. If he sets a price per סאה, each סאה becomes the buyer's as it is measured. A ברייתא seems to say each portion is acquired before the vessel is full, and the גמרא answers that the case was priced per לוג in a vessel with marking lines. The amud ends as the גמרא begins a new challenge about hiring a worker, which continues on the next amud.

Opening lines

תָּא שְׁמַע: הַמּוֹכֵר פֵּירוֹת לַחֲבֵירוֹ,

Come and hear: one who sells produce to his fellow,

מָשַׁךְ וְלֹא מָדַד – קָנֵי.

if he pulled but did not measure, he acquires.

וְהָא פֵּירוֹת, דִּבְנֵי הַגְבָּהָה נִינְהוּ,

But produce is something that is normally lifted,

וְקָתָנֵי דְּקָנֵי בִּמְשִׁיכָה!

and yet it teaches that he acquires by pulling!

The steps (11)

  1. ChallengeProof from produce acquired by pulling
  2. RejectionThe produce is in huge bundles
  3. ChallengeChallenge from the flax case
  4. ResolutionFlax slips apart
  5. Challengeרבינא brings proof from small animals
  6. RejectionAnimals cling to the ground
  7. StatementSelling a whole כור as one unit
  8. StatementPricing per סאה makes each one final
  9. ChallengeA ברייתא seems to say each portion is acquired before the measure is full
  10. ResolutionThe sale was priced per לוג and the vessel had markings
  11. ChallengeA new challenge begins: hiring a worker for harvest at a דינר a day