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Kiddushin 27a

קידושין כ״ז ע״א

Learn Kiddushin 27a step by step: Aramaic beside English, every question, answer and proof colour-coded.

Open Kiddushin 27a in Gemara Clarity

Topic

The rules of קנין אגב: piling, required wording, mixed deals, and paying for everything

Overview

This amud is about קנין אגב: acquiring movable items together with land. First the גמרא asks whether the movables must be piled on the land. Proofs from רבן גמליאל's tithes and from רב הונא's third type of שטר are each pushed away. A ברייתא then shows that a שטר is just like any movable, so the גמרא concludes that piling is not needed. Next it rules that the seller must say both 'אגב' and 'קני.' Two more questions follow. A field sold with movables given as a gift is proven from רבן גמליאל's words to יהושע. A field to one person with movables to another is not proven, because of how רבי עקיבא's part is explained. Finally, רבא rules that a buyer paying with money acquires only as much as he paid for, and a ברייתא comparing כסף, שטר and חזקה begins to support him; it continues on the next amud.

Opening lines

נָתוּן לוֹ לִיהוֹשֻׁעַ,

is given to Yehoshua,

וּמְקוֹמוֹ מוּשְׂכָּר לוֹ.

and its place is rented to him.

וְעִישּׂוּר אַחֵר שֶׁאֲנִי עָתִיד לָמוֹד

And another tenth that I will measure in the future

נָתוּן לוֹ לַעֲקִיבָא בֶּן יוֹסֵף,

is given to Akiva ben Yosef,

The steps (20)

  1. Proofרבן גמליאל rents out the place of his tithes
  2. RejectionHe only wanted to save them the trouble
  3. Proofרב teaches two kinds of documents
  4. Statementרב הונא adds a third document
  5. ProofProof that piling is not needed
  6. RejectionA document is the bridle of the land
  7. ChallengeThe document case is linked to the משנה about all movables
  8. ConclusionConclusion: movables do not need to be piled on the land
  9. QuestionMust the seller say 'by means of'?
  10. ProofProof from silence: the sources never mention 'by means of'
  11. RejectionThey don't mention 'acquire' either
  12. ConclusionThe final ruling on piling, 'by means of,' and 'acquire'
  13. QuestionA field sold, with movables given as a gift
  14. ProofProof from רבן גמליאל's tithe
  15. RejectionThe place was rented for the tithe itself
  16. Rejectionרבי עקיבא counts as the poor themselves
  17. StatementMoney acquires only as much as was paid
  18. ProofA ברייתא agrees with רבא: money and document each have strengths
  19. ProofMoney and document are stronger than taking possession
  20. ProofTaking possession of one field acquires all ten