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Bava Metzia 9b

בבא מציעא ט׳ ע״ב

Learn Bava Metzia 9b step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

The moving courtyard (חצר מהלכת), and acquiring a found item or פאה on behalf of someone else (מגו)

Overview

This amud opens by finishing an earlier discussion: riding an animal acquires it in the public domain, and also for an important person, a woman, or a lowly person. Then רבי אלעזר asks whether pulling an animal can acquire the vessels on its back. רבא answers no. Even if the buyer owns the animal, it is a חצר מהלכת, a moving courtyard, and a moving courtyard does not acquire. Standing still does not help, and the הלכה is that it works only when the animal is tied up. Challenges from fish jumping into a boat and a גט thrown into a walking woman's basket are answered: the boat and the basket themselves are resting, and something else moves them. A new משנה follows about a rider who asks his friend to hand him a found item. The גמרא brings the argument between רבי אליעזר and חכמים about gathering פאה for a poor person. עולא explains that argument through one or two steps of מגו, and רב נחמן begins to challenge him from our משנה. The challenge continues on the next amud.

Opening lines

וְאִי רְשׁוּת הָרַבִּים הוּא – קָנֵי,

And if it is the public domain, he acquires;

וְאִי אָדָם חָשׁוּב הוּא – קָנֵי,

and if he is an important person, he acquires;

וְאִי אִשָּׁה הִיא – קָנְיָא,

and if she is a woman, she acquires;

וְאִי אִינִישׁ זִילָא הוּא – קָנֵי.

and if he is a lowly person, he acquires.

The steps (19)

  1. ConclusionFour cases where riding the animal does acquire it
  2. QuestionCan pulling an animal acquire the vessels on it?
  3. ChallengeProblem with the wording 'in order to acquire'
  4. ResolutionThe corrected question: 'Pull and acquire'
  5. Responseרבא: a moving courtyard does not acquire
  6. RejectionStanding still does not help
  7. ConclusionThe הלכה: only when the animal is tied
  8. ChallengeChallenge: fish jumping into a moving boat
  9. ResolutionThe boat itself is resting
  10. ChallengeChallenge: a גט thrown into a walking woman's basket
  11. ResolutionThe basket rests and she walks under it
  12. StatementThe rider who asks his friend to hand him a found item
  13. StatementA related משנה: picking up פאה for a poor person
  14. StatementThe dispute is only about a rich man gathering for a poor man
  15. Statementרבי אליעזר's reasoning: two steps of מגו
  16. StatementThe חכמים accept one מגו but not two
  17. StatementA poor person gathering for another poor person: everyone agrees
  18. Challengeרב נחמן: the argument should apply even between two poor people
  19. ChallengeSetting up the proof: if the argument covers two poor people