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Kiddushin 26a

קידושין כ״ו ע״א

Learn Kiddushin 26a step by step: Aramaic beside English, every question, answer and proof colour-coded.

Open Kiddushin 26a in Gemara Clarity

Topic

The ways to acquire land and movables (כסף, שטר, חזקה, משיכה, and movables along with land) and the sources for each

Overview

The amud opens with the last line of the earlier discussion about lifting an elephant: it can stand on bundles of vines. Then a new משנה teaches the ways to acquire property. Land is acquired with כסף, שטר, or חזקה. Movables are acquired only with משיכה, unless they are acquired together with land, and movables can also pull land into a court oath. The גמרא finds a פסוק for each method. For כסף it brings 'fields shall be acquired with money' and explains that the document there is only proof; רב limits this to places where documents are not customary. For שטר it brings 'the deed of purchase'; שמואל limits this to gifts, and רב המנונא and רב אשי each defend שמואל against a ברייתא about a sale document. The גמרא then gives פסוקים for חזקה and for משיכה, and explains how the משנה fits רבי יוחנן, who holds that money acquires movables by Torah law. Finally, חזקיה gives the source for acquiring movables along with land. The גמרא then asks whether the movables must be piled on that land, and רב יוסף begins a proof from רבי עקיבא that continues on the next amud.

Opening lines

אִי נָמֵי:

Alternatively:

בַּחֲבִילֵי זְמוֹרוֹת.

by bundles of vine branches.

מַתְנִי׳

MISHNA:

נְכָסִים שֶׁיֵּשׁ לָהֶם אַחְרָיוּת –

Property that has a guarantee,

The steps (30)

  1. ResponseAnother way to lift an elephant: bundles of vines
  2. StatementLand is acquired with money, a document, or taking possession
  3. StatementMovable property is acquired only by pulling
  4. StatementMovables can be acquired together with land
  5. StatementMovables pull land into an oath
  6. QuestionWhat is the source that money acquires land?
  7. Responseחזקיה brings a פסוק: fields are bought with money
  8. ChallengeMaybe a document is also needed
  9. ResolutionMoney acquires; the document is only proof
  10. Statementרב: Money alone acquires land only where documents are not customary
  11. Proofרב אידי בר אבין kept both options open when buying land
  12. StatementWhy Rav Idi bar Avin wanted both options
  13. QuestionWhat is the source that a document acquires land?
  14. RejectionThe first verse can't be the source, since we said that document is only proof
  15. ResponseThe source: "And I took the deed of purchase"
  16. Statementשמואל: A document alone acquires only for a gift, not a sale
  17. Challengeרב המנונא challenges שמואל from a ברייתא about a sale document
  18. ResolutionThe ברייתא is about someone selling a field because it is bad
  19. Resolutionרב אשי: The document was really for a gift
  20. QuestionWhere do we learn that land is acquired by possession?
  21. Responseחזקיה: 'Dwell in your cities that you have taken'
  22. ResponseSchool of רבי ישמעאל: 'Possess it and dwell there'
  23. QuestionWhere do we learn that movables are acquired only by pulling?
  24. Response'From your neighbor's hand': acquired hand to hand
  25. ChallengeWhat about רבי יוחנן, who says money acquires by Torah law?
  26. ResolutionThe משנה teaches the Rabbis' practical rule
  27. QuestionWhere do we learn that movables can be acquired along with land?
  28. Responseחזקיה's source: gifts given together with fortified cities
  29. QuestionMust the movables be piled on the land?
  30. Proofרב יוסף begins a proof from רבי עקיבא: any amount of land counts