Kiddushin 26b
קידושין כ״ו ע״ב
Learn Kiddushin 26b step by step: Aramaic beside English, every question, answer and proof colour-coded.
Open Kiddushin 26b in Gemara Clarity
Topic
קנין אגב: must the movable items be piled on the land being acquired (צבורים)?
Overview
The גמרא asks whether, in a קנין אגב (acquiring movables along with land), the movable items must physically sit on the land (צבורים). First it tests a משנה that says even a tiny plot can carry movables. רב שמואל בר ביסנא answers that a needle could be stuck in the plot. רב יוסף objects, and רב אשי defends the answer: a valuable pearl could hang on the needle. Next, רבי אלעזר tells of a man from Madon (מדוני) who gave away a hundred sheep and a hundred barrels by means of a בית סלע. The גמרא answers that a בית סלע was really a big, rock-hard field. Then רב יהודה, quoting רב, tells of a man who gave a טפח by טפח of land together with a hundred sheep and a hundred barrels. The גמרא answers that he was giving their value in money. It then works through why he needed land at all: the recipient was not there, and the giver did not trust a middleman. None of these sources settles the question, and the amud ends as the גמרא begins a new proof from רבן גמליאל and the זקנים on a ship.
Opening lines
וְלִכְתּוֹב עָלֶיהָ פְּרוֹסְבּוּל,
and one can write a prosbol based on it,
וְלִקְנוֹת עִמָּהּ נְכָסִים שֶׁאֵין לָהֶם אַחְרָיוּת.
and one can acquire movable property along with it.
וְאִי אָמְרַתְּ בָּעֵינַן צְבוּרִים,
And if you say we require the movables to be piled on it,
כׇּל שֶׁהוּא לְמַאי חֲזֵי?
what is a tiny plot of land good for?
The steps (21)
- ProofProof from a tiny plot of land
- RejectionA needle stuck in the tiny plot
- Challengeרב יוסף: would the תנא bother about a needle?
- Resolutionרב אשי: a valuable pearl on the needle
- ProofThe story of the Madonite's gift
- ProofA tiny plot cannot hold a hundred sheep
- RejectionA בית סלע was really a big field
- QuestionWhy call a big field סלע?
- ResponseBecause it was hard as rock
- ProofA man gives a hundred sheep and a hundred barrels with a tiny piece of land
- ProofA tiny piece of land cannot hold all those animals and barrels
- RejectionHe was giving money, not actual sheep and barrels
- ProofSupport for the money reading: real animals could have been given with חליפין
- ChallengeBut money could have been given with משיכה
- ResolutionThe real reason for land: the recipient was not there
- RejectionThe same answer works for real sheep, so the support falls away
- ChallengeWhy not transfer it through another person?
- ResolutionHe did not trust a middleman
- ChallengeThen why say 'he has no remedy'?
- ResolutionNo remedy, given that he did not trust a middleman
- ProofNew proof: רבן גמליאל on the ship