acquire

The Mishnah is Rebbi Meїr’s, since Rebbi Meїr says that a Gentile may not acquire real estate in the Land of Israel to remove it from tithes; Rebbi Jehudah and Rebbi Simeon say, a Gentile may acquire real estate in the Land of Israel to free it from tithes. Rebbi Immi in the name of Rebbi Simeon ben Laqish: The reason of Rebbi Meïr (Lev. 25:46): “You shall transmit them by inheritance to your sons after you, to inherit by the rules of real estate.” This brackets slaves with real estate. Just as you may buy slaves from them but they cannot buy from you, so real estate you may buy from them but they cannot buy from you. Rebbi Eleazar ben Rebbi Yose said before Rebbi Yasa, the following supports Rebbi Meїr (Lev. 25:23): “The land shall not be sold permanently,” absolutely. He said to him, that in itself supports Rebbi Simeon. “It shall not be sold”, because if it was sold, it would be sold absolutely. Rebbi Huna from Sepphoris said, Rebbi Ḥanina instituted in Sepphoris following Rebbi Simeon.

Rebbi Ze‘ira said before Rebbi Abbahu in the name of Rebbi Eleazar: Even though Rebbi Meїr said that a Gentile may not acquire real estate in the Land of Israel to remove it from tithes, he agrees that he has property rights. What are property rights? Rebbi Abba said, the usufruct; as we have stated: “the buyer brings First Fruits because of the public good,” otherwise he could have brought First Fruits by the word of the Torah.

If somebody bought a field during a Jubilee period. Rebbi Ila said, he acquired ownership of the ground, Abba bar Mamal said, he did not acquire ownership of the ground. Rebbi Abba bar Mamal objected to Rebbi Ila: In your opinion, since you say that he acquired ownership of the ground, why can he not dig cisterns, ditches, and caves? He said to him, the Torah said, “he shall return to his inheritance,” as it was. Rebbi Jacob bar Aḥa brought this topic before them and did not know that they still disagreed: Rebbi Joḥanan said, he brings and recites; Rebbi Simeon ben Laqish said, he does not bring and recite. Rebbi Eleazar ben Rebbi Yose said before Rebbi Yose: Everybody agrees that he brings. Where do they disagree? Rebbi Joḥanan said, he brings and recites; Rebbi Simeon ben Laqish said, he brings but does not recite.

Following the opinion of the rabbis there it is acceptable since there, they say in the name of Rav Naḥman bar Jacob: One to whom one gives a nut and he throws it away, a pebble and he keeps it, what is found in his hand is as if found on a garbage heap; a nut and he keeps it, a pebble and he throws it away, what is robbed from him is robbed because of communal peace; a nut or a pebble he takes, hides them, and produces them later, what is robbed from him is total robbery. He can acquire for himself but not for others. Rav Huna said, just as he can acquire for himself so he can acquire for others. Everybody agrees that his gift is not a gift since it is written (Ex. 22:6): “If a man give.” The gift of a man is a gift, but the gift of a minor is no gift, the words of the Sages. Rebbi Jehudah bar Pazi in the name of Rebbi Joḥanan, Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan, robbing from him is not clear unless he grew two pubic hairs. Rebbi Abbahu in the name of Rebbi Joḥanan, that is, to recover from him by a law suit, but to have to bring a sacrifice for [a false] oath only if he grew two pubic hairs. But following the rabbis here, Rebbi Yose asked that even for himself he should not be able to acquire since it is written (Ex. 22:6): “A man to his neighbor”, until he be like his neighbor. Rebbi Yose ben Rebbi Abun in the name of Rebbi Samuel ben Rav Isaac explained it by the method of the artless. As we have stated there: “For underage children, their buying is buying and their selling selling, for movables.” But did we not state there: “He cannot make them acquire through his minor son or daughter or his Canaanite male or female slave, because their hand is like his hand.” The rabbis of Caesarea say, here a minor with knowledge, there a minor without knowledge.

Following the opinion of the rabbis there it is acceptable since there, they say in the name of Rav Naḥman bar Jacob: One to whom one gives a nut and he throws it away, a pebble and he keeps it, what is found in his hand is as if found on a garbage heap; a nut and he keeps it, a pebble and he throws it away, what is robbed from him is robbed because of communal peace; a nut or a pebble he takes, hides them, and produces them later, what is robbed from him is total robbery. He can acquire for himself but not for others. Rav Huna said, just as he can acquire for himself so he can acquire for others. Everybody agrees that his gift is not a gift since it is written (Ex. 22:6): “If a man give.” The gift of a man is a gift, but the gift of a minor is no gift, the words of the Sages. Rebbi Jehudah bar Pazi in the name of Rebbi Joḥanan, Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan, robbing from him is not clear unless he grew two pubic hairs. Rebbi Abbahu in the name of Rebbi Joḥanan, that is, to recover from him by a law suit, but to have to bring a sacrifice for [a false] oath only if he grew two pubic hairs. But following the rabbis here, Rebbi Yose asked that even for himself he should not be able to acquire since it is written (Ex. 22:6): “A man to his neighbor”, until he be like his neighbor. Rebbi Yose ben Rebbi Abun in the name of Rebbi Samuel ben Rav Isaac explained it by the method of the artless. As we have stated there: “For underage children, their buying is buying and their selling selling, for movables.” But did we not state there: “He cannot make them acquire through his minor son or daughter or his Canaanite male or female slave, because their hand is like his hand.” The rabbis of Caesarea say, here a minor with knowledge, there a minor without knowledge.

Following the opinion of the rabbis there it is acceptable since there, they say in the name of Rav Naḥman bar Jacob: One to whom one gives a nut and he throws it away, a pebble and he keeps it, what is found in his hand is as if found on a garbage heap; a nut and he keeps it, a pebble and he throws it away, what is robbed from him is robbed because of communal peace; a nut or a pebble he takes, hides them, and produces them later, what is robbed from him is total robbery. He can acquire for himself but not for others. Rav Huna said, just as he can acquire for himself so he can acquire for others. Everybody agrees that his gift is not a gift since it is written (Ex. 22:6): “If a man give.” The gift of a man is a gift, but the gift of a minor is no gift, the words of the Sages. Rebbi Jehudah bar Pazi in the name of Rebbi Joḥanan, Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan, robbing from him is not clear unless he grew two pubic hairs. Rebbi Abbahu in the name of Rebbi Joḥanan, that is, to recover from him by a law suit, but to have to bring a sacrifice for [a false] oath only if he grew two pubic hairs. But following the rabbis here, Rebbi Yose asked that even for himself he should not be able to acquire since it is written (Ex. 22:6): “A man to his neighbor”, until he be like his neighbor. Rebbi Yose ben Rebbi Abun in the name of Rebbi Samuel ben Rav Isaac explained it by the method of the artless. As we have stated there: “For underage children, their buying is buying and their selling selling, for movables.” But did we not state there: “He cannot make them acquire through his minor son or daughter or his Canaanite male or female slave, because their hand is like his hand.” The rabbis of Caesarea say, here a minor with knowledge, there a minor without knowledge.

Following the opinion of the rabbis there it is acceptable since there, they say in the name of Rav Naḥman bar Jacob: One to whom one gives a nut and he throws it away, a pebble and he keeps it, what is found in his hand is as if found on a garbage heap; a nut and he keeps it, a pebble and he throws it away, what is robbed from him is robbed because of communal peace; a nut or a pebble he takes, hides them, and produces them later, what is robbed from him is total robbery. He can acquire for himself but not for others. Rav Huna said, just as he can acquire for himself so he can acquire for others. Everybody agrees that his gift is not a gift since it is written (Ex. 22:6): “If a man give.” The gift of a man is a gift, but the gift of a minor is no gift, the words of the Sages. Rebbi Jehudah bar Pazi in the name of Rebbi Joḥanan, Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan, robbing from him is not clear unless he grew two pubic hairs. Rebbi Abbahu in the name of Rebbi Joḥanan, that is, to recover from him by a law suit, but to have to bring a sacrifice for [a false] oath only if he grew two pubic hairs. But following the rabbis here, Rebbi Yose asked that even for himself he should not be able to acquire since it is written (Ex. 22:6): “A man to his neighbor”, until he be like his neighbor. Rebbi Yose ben Rebbi Abun in the name of Rebbi Samuel ben Rav Isaac explained it by the method of the artless. As we have stated there: “For underage children, their buying is buying and their selling selling, for movables.” But did we not state there: “He cannot make them acquire through his minor son or daughter or his Canaanite male or female slave, because their hand is like his hand.” The rabbis of Caesarea say, here a minor with knowledge, there a minor without knowledge.

Following the opinion of the rabbis there it is acceptable since there, they say in the name of Rav Naḥman bar Jacob: One to whom one gives a nut and he throws it away, a pebble and he keeps it, what is found in his hand is as if found on a garbage heap; a nut and he keeps it, a pebble and he throws it away, what is robbed from him is robbed because of communal peace; a nut or a pebble he takes, hides them, and produces them later, what is robbed from him is total robbery. He can acquire for himself but not for others. Rav Huna said, just as he can acquire for himself so he can acquire for others. Everybody agrees that his gift is not a gift since it is written (Ex. 22:6): “If a man give.” The gift of a man is a gift, but the gift of a minor is no gift, the words of the Sages. Rebbi Jehudah bar Pazi in the name of Rebbi Joḥanan, Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan, robbing from him is not clear unless he grew two pubic hairs. Rebbi Abbahu in the name of Rebbi Joḥanan, that is, to recover from him by a law suit, but to have to bring a sacrifice for [a false] oath only if he grew two pubic hairs. But following the rabbis here, Rebbi Yose asked that even for himself he should not be able to acquire since it is written (Ex. 22:6): “A man to his neighbor”, until he be like his neighbor. Rebbi Yose ben Rebbi Abun in the name of Rebbi Samuel ben Rav Isaac explained it by the method of the artless. As we have stated there: “For underage children, their buying is buying and their selling selling, for movables.” But did we not state there: “He cannot make them acquire through his minor son or daughter or his Canaanite male or female slave, because their hand is like his hand.” The rabbis of Caesarea say, here a minor with knowledge, there a minor without knowledge.

Rebbi Ze‘ira asked: So far if she said, bring me, but [the agent] said [to the husband] “receive for me”. If she said, receive for me but [the agent] said [to the husband] “bring me”? If was found stated in both cases, this is a bill of divorce and if he wants to retract he cannot retract. But did we not state: “He shall deliver into her hand,” that includes not only her hand, from where through his agent’s hand, into her agent’s hand, from his agent to her agent, and from her agent to his agent; the verse says, “he shall deliver, he shall deliver.” Who said, “it is impossible for me”? Rebbi! As it was stated: “If she said, bring me my bill of divorce, but he said to him, your wife said, accept my bill of divorce for me: If he brought it to her, gave it to her, he acquired it for her, it was received for her; if he wants to retract, he may not retract, the words of Rebbi. Rebbi Nathan says, ‘bring it to her, give it to her,’ [if he wants to retract, he may retract; ‘acquire it for her, receive it for her’, if he wants to retract, he may not retract. Rebbi says, in any of these cases] he may not retract except if he says, ‘It is impossible for me that you accept it for her, but give it to her.’” It is difficult for Rebbi, “here you have it from my word”, if he wants to retract, he may retract. It is difficult for Rebbi Nathan, “here you have it from her word”, if he wants to retract, he may retract! Rav Ḥuna said, he becomes his and her agent. Assi said, everywhere we have stated “his and her agent”, she is both divorced and not divorced.

MISHNAH: A woman who said, accept my bill of divorce for me, needs two groups of witnesses; two who say that she appointed in their presence and two who say that in their presence he received it and tore it up, even if the first ones are the latter ones, or one of the first together with one of the latter and a third person is associated with them. A preliminarily married adolescent girl, or her father, can accept her bill of divorce. Rebbi Jehudah says, no two hands can acquire together; only her father alone can accept her bill of divorce. Any female who cannot take care of her bill of divorce cannot be divorced. If an underage girl said, accept the bill of divorce for me, it is no valid bill until the bill of divorce reaches her hand. Therefore, if the husband wants to retract he can retract since an underage person cannot appoint an agent. But if her father said to [an agent]: Go and receive my daughter’s bill of divorce, if [the husband] wants to retract he cannot retract.

“A preliminarily married adolescent girl, or her father, can accept her bill of divorce.” Rebbi Simeon ben Laqish said, like the disagreement about divorce is the disagreement about preliminary marriage. Rebbi Joḥanan said, everybody agrees about preliminary marriage that [her father] contracts but not she herself. Rebbi Simeon ben Laqish agrees about a definitive marriage that she is not empowered to marry herself off and let her father lose her earnings. In the opinion of Rebbi Joḥanan she has no legal standing relative to her father and cannot appoint an agent. In the opinion of Rebbi Simeon ben Laqish she has legal standing relative to her father and can appoint an agent. A Mishnah disagrees with Rebbi Joḥanan: “A man contracts a preliminary marriage by himself and through his agent and a woman contracts a preliminary marriage by herself and through her agent.” He explains it about an adult woman. But did we not state: “If an underage girl said, accept the bill of divorce for me, it is no valid bill until the bill of divorce reaches her hand.” He explains it about an orphan. But did we not state: “If her father said to [an agent]: Go and receive my daughter’s bill of divorce, if [the husband] wants to retract he cannot retract.” He explains that the Mishnah deals with cases; the first part about an orphan and the second part if she has a father. A Mishnah disagrees with Rebbi Simeon ben Laqish. “A man may contract a preliminary marriage for his adolescent daughter either by himself or by his agent.” He explains that following Rebbi Jehudah, since Rebbi Jehudah said, “no two hands can acquire together; only her father alone can accept her bill of divorce.” Rebbi Yose said, a rabbi came out from the assembly and said, a case was decided following Rebbi Joḥanan. Can one rely on that? It was no question of relying on him since it was as from the sea to the frying pan.

But are her garden and her courtyard not subject to her husband’s having the usufruct? Rebbi Joshua in the name of Rebbi Yannai: Only if he writes to her, “I have nothing to do with your properties.” Rebbi Isaac bar Ḥaqulah in the name of Rebbi Hoshaiah: Even if he did not write to her, “I have nothing to do with your properties.” It turns out that Rebbi Yannai follows the rabbis and Rebbi Hoshaiah follows Rebbi Meїr. Rebbi Yannai follows the rabbis, for the rabbis say, even though the slave’s hand is his master’s hand, he can acquire his document of manumission from [his master’s] hand. But her garden and her courtyard are subject to her husband’s having the usufruct unless he writes to her, “I have nothing to do with your properties.” It is difficult for the rabbis: since the slave’s hand is his master’s hand, how can he acquire his document of manumission from [his master’s] hand? Rebbi Hoshaiah follows Rebbi Meїr, for Rebbi Meїr said since the wife’s hand is not her husband’s hand, she can acquire her bill of divorce from her husband. Her garden and her courtyard will not be subject to her husband, even if he has the usufruct, even if he did not write to her, “I have nothing to do with your properties.” If he inherited properties together with her, even if he wrote it is as if he did not write; [for example] if he had married his brother’s daughter, even if he wrote it is as if he did not write. If another person gave her a gift and told her, on condition that your husband have no rights to it, but it is for you to trade on your own account, then even if he did not write it is as if he wrote.

But are her garden and her courtyard not subject to her husband’s having the usufruct? Rebbi Joshua in the name of Rebbi Yannai: Only if he writes to her, “I have nothing to do with your properties.” Rebbi Isaac bar Ḥaqulah in the name of Rebbi Hoshaiah: Even if he did not write to her, “I have nothing to do with your properties.” It turns out that Rebbi Yannai follows the rabbis and Rebbi Hoshaiah follows Rebbi Meїr. Rebbi Yannai follows the rabbis, for the rabbis say, even though the slave’s hand is his master’s hand, he can acquire his document of manumission from [his master’s] hand. But her garden and her courtyard are subject to her husband’s having the usufruct unless he writes to her, “I have nothing to do with your properties.” It is difficult for the rabbis: since the slave’s hand is his master’s hand, how can he acquire his document of manumission from [his master’s] hand? Rebbi Hoshaiah follows Rebbi Meїr, for Rebbi Meїr said since the wife’s hand is not her husband’s hand, she can acquire her bill of divorce from her husband. Her garden and her courtyard will not be subject to her husband, even if he has the usufruct, even if he did not write to her, “I have nothing to do with your properties.” If he inherited properties together with her, even if he wrote it is as if he did not write; [for example] if he had married his brother’s daughter, even if he wrote it is as if he did not write. If another person gave her a gift and told her, on condition that your husband have no rights to it, but it is for you to trade on your own account, then even if he did not write it is as if he wrote.

But are her garden and her courtyard not subject to her husband’s having the usufruct? Rebbi Joshua in the name of Rebbi Yannai: Only if he writes to her, “I have nothing to do with your properties.” Rebbi Isaac bar Ḥaqulah in the name of Rebbi Hoshaiah: Even if he did not write to her, “I have nothing to do with your properties.” It turns out that Rebbi Yannai follows the rabbis and Rebbi Hoshaiah follows Rebbi Meїr. Rebbi Yannai follows the rabbis, for the rabbis say, even though the slave’s hand is his master’s hand, he can acquire his document of manumission from [his master’s] hand. But her garden and her courtyard are subject to her husband’s having the usufruct unless he writes to her, “I have nothing to do with your properties.” It is difficult for the rabbis: since the slave’s hand is his master’s hand, how can he acquire his document of manumission from [his master’s] hand? Rebbi Hoshaiah follows Rebbi Meїr, for Rebbi Meїr said since the wife’s hand is not her husband’s hand, she can acquire her bill of divorce from her husband. Her garden and her courtyard will not be subject to her husband, even if he has the usufruct, even if he did not write to her, “I have nothing to do with your properties.” If he inherited properties together with her, even if he wrote it is as if he did not write; [for example] if he had married his brother’s daughter, even if he wrote it is as if he did not write. If another person gave her a gift and told her, on condition that your husband have no rights to it, but it is for you to trade on your own account, then even if he did not write it is as if he wrote.

Rebbi Jeremiah asked: If he threw it to her in a courtyard which belongs to neither of them, what is the rule? Rebbi Aḥa in the name of Rebbi Ḥanina: That is a problem for the rabbis. Rebbi Abin said, it is a disagreement between Rav and the Elder Rebbi Ḥiyya, for Rebbi Samuel, Rebbi Ze‘ira, Rav Ḥiyya bar Ashi said in the name of Rav: Drawing close does not acquire in a courtyard which belongs to neither of them. But Rebbi Ḥiyya stated in disagreement: “Under which circumstances did they say that movables are acquired by drawing close? In the public domain or in a courtyard which belongs to neither of them. But in the buyer’s domain he acquired the moment he accepted it. In the seller’s domain he does not acquire unless either he lifts it up or moves it out of its prior owner’s domain. In a domain where it was deposited he does not acquire unless he either is explicitly empowered or he leases its place.”

Rebbi Jeremiah asked: If he threw it to her in a courtyard which belongs to neither of them, what is the rule? Rebbi Aḥa in the name of Rebbi Ḥanina: That is a problem for the rabbis. Rebbi Abin said, it is a disagreement between Rav and the Elder Rebbi Ḥiyya, for Rebbi Samuel, Rebbi Ze‘ira, Rav Ḥiyya bar Ashi said in the name of Rav: Drawing close does not acquire in a courtyard which belongs to neither of them. But Rebbi Ḥiyya stated in disagreement: “Under which circumstances did they say that movables are acquired by drawing close? In the public domain or in a courtyard which belongs to neither of them. But in the buyer’s domain he acquired the moment he accepted it. In the seller’s domain he does not acquire unless either he lifts it up or moves it out of its prior owner’s domain. In a domain where it was deposited he does not acquire unless he either is explicitly empowered or he leases its place.”

Rebbi Jeremiah asked: If he threw it to her in a courtyard which belongs to neither of them, what is the rule? Rebbi Aḥa in the name of Rebbi Ḥanina: That is a problem for the rabbis. Rebbi Abin said, it is a disagreement between Rav and the Elder Rebbi Ḥiyya, for Rebbi Samuel, Rebbi Ze‘ira, Rav Ḥiyya bar Ashi said in the name of Rav: Drawing close does not acquire in a courtyard which belongs to neither of them. But Rebbi Ḥiyya stated in disagreement: “Under which circumstances did they say that movables are acquired by drawing close? In the public domain or in a courtyard which belongs to neither of them. But in the buyer’s domain he acquired the moment he accepted it. In the seller’s domain he does not acquire unless either he lifts it up or moves it out of its prior owner’s domain. In a domain where it was deposited he does not acquire unless he either is explicitly empowered or he leases its place.”

Rebbi Jacob bar Idi objected before Rebbi Simeon ben Laqish. Did we not state: (Mishnah Baba Meẓi‘a 1:4) “If somebody saw a find and fell on it, when another person came and grabbed it, he who grabbed it had the rights to it?” He answered him: Explain it if the first one did not say that his four cubits should acquire it for him. But did we not state: “If he fell on it or spread his talith on it, one removes him from it?” He said to him, that is the same, if he did not say that his four cubits should acquire it for him. But did not Rebbi Ḥiyya state: (Tosephta Peah 2:2) “If two were pushing one another because of a sheaf and another person came and grabbed it from before them, the one who grabbed is entitled to it. He said to him, it is the same, they did not say that our four cubits should acquire it for us.

Rebbi Jacob bar Idi objected before Rebbi Simeon ben Laqish. Did we not state: (Mishnah Baba Meẓi‘a 1:4) “If somebody saw a find and fell on it, when another person came and grabbed it, he who grabbed it had the rights to it?” He answered him: Explain it if the first one did not say that his four cubits should acquire it for him. But did we not state: “If he fell on it or spread his talith on it, one removes him from it?” He said to him, that is the same, if he did not say that his four cubits should acquire it for him. But did not Rebbi Ḥiyya state: (Tosephta Peah 2:2) “If two were pushing one another because of a sheaf and another person came and grabbed it from before them, the one who grabbed is entitled to it. He said to him, it is the same, they did not say that our four cubits should acquire it for us.

Rebbi Jacob bar Idi objected before Rebbi Simeon ben Laqish. Did we not state: (Mishnah Baba Meẓi‘a 1:4) “If somebody saw a find and fell on it, when another person came and grabbed it, he who grabbed it had the rights to it?” He answered him: Explain it if the first one did not say that his four cubits should acquire it for him. But did we not state: “If he fell on it or spread his talith on it, one removes him from it?” He said to him, that is the same, if he did not say that his four cubits should acquire it for him. But did not Rebbi Ḥiyya state: (Tosephta Peah 2:2) “If two were pushing one another because of a sheaf and another person came and grabbed it from before them, the one who grabbed is entitled to it. He said to him, it is the same, they did not say that our four cubits should acquire it for us.

If somebody divorces his wife she should not live in the same courtyard or the same place. If the courtyard was the wife’s property, the husband has to move out, if the husband’s, the wife has to move out. If it was common property, who has to move because of whom? The woman because of the man, unless they can manage to have separate exits. When has this been said? If they were definitively married, not if they were not definitively married. But the wife of a Cohen if she was not definitively married, as well as the status of a preliminarily married woman in Jehudah, is that of one definitively married. Nobody has to move if a person gives ḥalȋṣah to his sister-in-law even if he had “bespoken” her since “bespeaking” does not fully acquire.

By money, from where? “After he acquires,” this tells you that she is acquired by money. By marital relations, from where? “And has marital relations with her,” this tells you that she is acquired by intercourse. I would say, by both together. Money without intercourse and intercourse without money, from where? Rebbi Abbahu in the name of Rebbi Joḥanan, it is written: “If a man is found lying with a woman having had intercourse with her husband.” Think of it, even if he did only acquire her by intercourse, the one coming after him is [executed] by strangulation. Not only regular intercourse but even perverse. Rebbi Abbahu in the name of Rebbi Joḥanan, it is necessary to mention perverse intercourse for if it were regular, why mention her husband? As we have stated there: “If she was raped by two men, the first is stoned, the second strangled.”

So we learned intercourse without money. Money without intercourse, from where? “She shall go free, without money.” “If he did acquire another one.” Since one was by money, so the other is by money.

So far for Israel. For the Gentiles? Rebbi Abbahu in the name of Rebbi Eleazar: It is written “you shall die because of the woman whom you took, since she is having marital relations with a husband.” They are guilty for those having marital relations; they are not guilty for the betrothed. The words of Rebbi Eleazar imply, only if he had intention of acquiring her; the words of Samuel imply, even if he had no intention of acquiring her; since Rebbi Jonah said in the name of Samuel: “A prostitute stands in a window. Two men sleep with her. The first one is not killed, the second one is killed because of him.” But did the first one intend to acquire her?

Rebbi Simeon says, “bespeaking” either acquires or does not acquire. What is the argument of Rebbi Simeon? “Her levir shall come upon her”, that is cohabitation. “And take her for himself”, that is “bespeaking”. Just as cohabitation is final so “bespeaking” is final. Or “her levir shall come upon her”, then she has been acquired by him and “bespeaking” was of no use to her.

Rebbi Samuel bar Rav Isaac asked: How can a ḥăruphah slave girl acquire her autonomy in such a way that she would be freed from flogging, and [free] the one who had intercourse with her from a reparation sacrifice? It is obvious that she cannot leave by a bill of divorce since Rebbi Ḥiyya said in Rebbi Joḥanan’s name: If a person who is half slave and half free entered a preliminary marriage, one does not consider his marriage. In parallel, if he divorced one does not consider his divorce. It is obvious that she can leave by a bill of divorce at least since (Rebbi Ḥiyya said in Rebbi Joḥanan’s name: If a person who is half slave and half free entered a preliminary marriage, one does not consider his marriage. In parallel, if he divorced one does not consider his divorce. It is obvious that she can leave by a bill of divorce at least). Rebbi Yose said in Rebbi Joḥanan’s name: Aquila the proselyte translated before Rebbi Aqiba “and she is a slave girl נֶחֱרֶפֶת to a man”, by “one who was pounded before a man”, as you say, “she spread morsels on it.” Rebbi Ḥiyya said in Rebbi Joḥanan’s name: So Rebbi Eleazar ben Rebbi Simeon explained it before the Sages. “And she is a slave girl נֶחֱרֶפֶת to a man”, by “one who was pounded before a man”, as you say, “in morsels by a pestle.”

This does not follow Rebbi Eliezer, for Rebbi Eliezer said that walking acquires, as it was stated: If one walked across a field in length and breadth, he acquired up to the place he walked to, the words of Rebbi Eliezer. But the Sages say that he did not acquire up to the moment he acted in possession. Everybody agrees that if somebody sells a path to another, when the latter went, he acquired. What is the reason? “Arise, walk in the Land in length and breadth, for I shall give it to you.”

Rebbi Abun said, it follows Rebbi, since Rebbi said that a person can free half of his slave. But do the rabbis not hold that a person can free half of his slave? They admit it for a slave held in partnership. But there is a difference for a slave who entirely belongs to him, for it is as if he gave something from his right into his left hand. Does Rebbi hold that it is not as if he gave something from his right into his left hand? He admits it if he gave to him through a third party. Do the rabbis not hold that he may give to him through a third party? The rabbis hold that one who can acquire by himself can acquire through a third party; one who cannot acquire by himself cannot acquire through a third party. Rebbi says, even though he cannot acquire by himself, he can acquire through third parties.

Rebbi Abun said, it follows Rebbi, since Rebbi said that a person can free half of his slave. But do the rabbis not hold that a person can free half of his slave? They admit it for a slave held in partnership. But there is a difference for a slave who entirely belongs to him, for it is as if he gave something from his right into his left hand. Does Rebbi hold that it is not as if he gave something from his right into his left hand? He admits it if he gave to him through a third party. Do the rabbis not hold that he may give to him through a third party? The rabbis hold that one who can acquire by himself can acquire through a third party; one who cannot acquire by himself cannot acquire through a third party. Rebbi says, even though he cannot acquire by himself, he can acquire through third parties.

Rebbi Abun said, it follows Rebbi, since Rebbi said that a person can free half of his slave. But do the rabbis not hold that a person can free half of his slave? They admit it for a slave held in partnership. But there is a difference for a slave who entirely belongs to him, for it is as if he gave something from his right into his left hand. Does Rebbi hold that it is not as if he gave something from his right into his left hand? He admits it if he gave to him through a third party. Do the rabbis not hold that he may give to him through a third party? The rabbis hold that one who can acquire by himself can acquire through a third party; one who cannot acquire by himself cannot acquire through a third party. Rebbi says, even though he cannot acquire by himself, he can acquire through third parties.

Rebbi Abun said, it follows Rebbi, since Rebbi said that a person can free half of his slave. But do the rabbis not hold that a person can free half of his slave? They admit it for a slave held in partnership. But there is a difference for a slave who entirely belongs to him, for it is as if he gave something from his right into his left hand. Does Rebbi hold that it is not as if he gave something from his right into his left hand? He admits it if he gave to him through a third party. Do the rabbis not hold that he may give to him through a third party? The rabbis hold that one who can acquire by himself can acquire through a third party; one who cannot acquire by himself cannot acquire through a third party. Rebbi says, even though he cannot acquire by himself, he can acquire through third parties.

Rebbi Abun said, it follows Rebbi, since Rebbi said that a person can free half of his slave. But do the rabbis not hold that a person can free half of his slave? They admit it for a slave held in partnership. But there is a difference for a slave who entirely belongs to him, for it is as if he gave something from his right into his left hand. Does Rebbi hold that it is not as if he gave something from his right into his left hand? He admits it if he gave to him through a third party. Do the rabbis not hold that he may give to him through a third party? The rabbis hold that one who can acquire by himself can acquire through a third party; one who cannot acquire by himself cannot acquire through a third party. Rebbi says, even though he cannot acquire by himself, he can acquire through third parties.

Rebbi Abun said, it follows Rebbi, since Rebbi said that a person can free half of his slave. But do the rabbis not hold that a person can free half of his slave? They admit it for a slave held in partnership. But there is a difference for a slave who entirely belongs to him, for it is as if he gave something from his right into his left hand. Does Rebbi hold that it is not as if he gave something from his right into his left hand? He admits it if he gave to him through a third party. Do the rabbis not hold that he may give to him through a third party? The rabbis hold that one who can acquire by himself can acquire through a third party; one who cannot acquire by himself cannot acquire through a third party. Rebbi says, even though he cannot acquire by himself, he can acquire through third parties.

If he picked up a find and said, for the purpose that I own it rather than my master. Does he and his master own it automatically or does he own it but not his master? Let us hear from the following: “If a person is by a vow prevented from benefitting his son-in-law but wants to give money to his daughter, he says to her: These coins are given to you as a gift on condition that your husband have no claim to them, except what you put into your mouth.” It was stated: “Neither do you”. Rebbi Ze‘ira said, who stated “neither do you”? Rebbi Meïr since Rebbi Meïr makes the hand of a slave the hand of his master. For a gift [we follow] Rebbi Meïr that the wife’s hand is her husband’s hand; for a find [do we follow] the rabbis? Rebbi Ze‘ira said before Rebbi Mana, is there not a difference, for he is as if he acquired by somebody else’s opinion? He said to him, is it not a case a fortiori? Since in her case, when she would acquire by somebody else’s opinion, you say that what a wife acquired, her husband acquired: here where he acquires by his own opinion, a fortiori what the slave acquired his master must acquire.

If he picked up a find and said, for the purpose that I own it rather than my master. Does he and his master own it automatically or does he own it but not his master? Let us hear from the following: “If a person is by a vow prevented from benefitting his son-in-law but wants to give money to his daughter, he says to her: These coins are given to you as a gift on condition that your husband have no claim to them, except what you put into your mouth.” It was stated: “Neither do you”. Rebbi Ze‘ira said, who stated “neither do you”? Rebbi Meïr since Rebbi Meïr makes the hand of a slave the hand of his master. For a gift [we follow] Rebbi Meïr that the wife’s hand is her husband’s hand; for a find [do we follow] the rabbis? Rebbi Ze‘ira said before Rebbi Mana, is there not a difference, for he is as if he acquired by somebody else’s opinion? He said to him, is it not a case a fortiori? Since in her case, when she would acquire by somebody else’s opinion, you say that what a wife acquired, her husband acquired: here where he acquires by his own opinion, a fortiori what the slave acquired his master must acquire.

It is obvious that a slave may accept a gift by one third party to another, by a third party to his master, [but] not from his master to himself. From a third party to himself is in dispute between Rebbi Meïr and the Sages. If one said: Here [I am giving] you this money on condition that your master have no power over it, the slave acquired it and with him his master, the words of Rebbi Meïr. But the Sages say, the slave acquired it [but not] his master. What is the problem? From his master to a third party. Since the slave may receive from a third party for his master, may he receive from his master for a third party? Let us hear from the following: “If somebody borrowed a cow and [the lender] sent her to him through his slave, his son, or his agent.” Does this not mean that the slave is able to transfer rights from his master to a third party? Rebbi Eleazar said, explain it for a Hebrew slave. Rebbi Joḥanan said, you have to explain if for a Canaanite slave; explain it that he said, open [the gate] for her and she will come by herself, as we have stated: “If he led her, drew her to himself, called her and she followed him, he is responsible as a borrower.” Rebbi Zeïra understood it from here: “But he cannot make them acquire through his underage son or daughter or his Canaanite male or female slave, because their hand is not like his hand.” Does this not imply that a slave is not able to transfer rights from his master to another person? Explain it following Rebbi Meïr since Rebbi Meïr makes the hand of the slave the hand of his master. But did we not state “his wife”? Rebbi Meïr holds that the hand of the wife is the hand of her husband! Rebbi Ḥananiah said in the name of Rebbi Phineas, explain it following the Tanna who stated: “His wife cannot redeem Second Tithe for him. Rebbi Simeon ben Eleazar says in the name of Rebbi Meïr, his wife can redeem Second Tithe for him.” For that Tanna, Rebbi Meïr makes the hand of the slave the hand of his master but not the hand of the wife the hand of her husband!

“Rebbi Abbahu said in the name of Rebbi Simeon ben Laqish: He who sells the tithes of his field to another person did not do anything; the future children of his slave girl to another person, he did not do anything; the fetus of his animal to another person, he did not do anything; the airspace of his dry land to another person, he did not do anything. But he may sell him a field and reserve the tithes for himself; a slave girl and reserve her children for himself; an animal and reserve her fetus for himself. Is it not impossible for a person to sell the airspace of his dry land to another person? Explain it if he tells him, tear out some grasses from that dry land to acquire its airspace. And here there is real estate before him and he says, pluck something from the ground so that one tenth of it be acquired by you.

Rebbi Samuel, Rebbi Ze‘ira, Rebbi Ḥiyya bar Ashi said in the name of Rav: Drawing close does not acquire in a courtyard which belongs to neither of them. But Rebbi Ḥiyya stated in disagreement: “Under which circumstances did they say that movables are acquired by drawing close? In the public domain or in a courtyard which belongs to neither of them. But in the buyer’s domain he acquired the moment he accepted it. In the seller’s domain he does not acquire unless either he lifts it up or moves it out of its prior owner’s domain. In a domain where it was deposited he does not acquire unless he either is explicitly empowered or he leases its place.”

Rebbi Samuel, Rebbi Ze‘ira, Rebbi Ḥiyya bar Ashi said in the name of Rav: Drawing close does not acquire in a courtyard which belongs to neither of them. But Rebbi Ḥiyya stated in disagreement: “Under which circumstances did they say that movables are acquired by drawing close? In the public domain or in a courtyard which belongs to neither of them. But in the buyer’s domain he acquired the moment he accepted it. In the seller’s domain he does not acquire unless either he lifts it up or moves it out of its prior owner’s domain. In a domain where it was deposited he does not acquire unless he either is explicitly empowered or he leases its place.”

Rebbi Samuel, Rebbi Ze‘ira, Rebbi Ḥiyya bar Ashi said in the name of Rav: Drawing close does not acquire in a courtyard which belongs to neither of them. But Rebbi Ḥiyya stated in disagreement: “Under which circumstances did they say that movables are acquired by drawing close? In the public domain or in a courtyard which belongs to neither of them. But in the buyer’s domain he acquired the moment he accepted it. In the seller’s domain he does not acquire unless either he lifts it up or moves it out of its prior owner’s domain. In a domain where it was deposited he does not acquire unless he either is explicitly empowered or he leases its place.”

This does not follow Rebbi Eliezer, for Rebbi Eliezer said that walking acquires. If one walked across a field in length and breadth, he acquired up to the place he walked, the words of Rebbi Eliezer. But the Sages say that he did not acquire up to the moment he acted in possession. Everybody agrees that if somebody sells a path to another, when the latter went, he acquired. What is the reason? “Arise, walk in the Land, etc.”

By document. Rebbi Jeremiah thought to say, by a contract without obligating money, but with a contract obligating money he did not acquire until he paid. Rebbi Jonah and Rebbi Yose both said, he acquired even if he did not pay. A baraita supports Rebbi Jonah and Rebbi Yose: “If he sold him ten fields together, when he took possession of one of them, he took possession of all of them. But if he only paid the amount for one or wrote the deed only for one of them he acquired only the one which was sold to him.” Does there exist a deed without money? If you say, we hold that he paid for all of them, did it not say: “the amount of one”? It must be one or the other.

From where that non-guaranteed property may be acquired together with guaranteed property, by money, document, or by possession? Rebbi Yose in the name of Ḥizqiah; Rebbi Jonah, Rebbi Ḥanina Tortaya in the name of Ḥizqiah, it is written (2Chr. 21:3): “Their father gave them many gifts, silver and gold and delicacies, with fortified cities in Jehudah.” So far real estate and movables were at the same place. If real estate was at one place and movables elsewhere? Rebbi Abin bar Ḥiyya said, let us hear from the following: Rebbi Eliezer said to them, it happened that a man from Meron was dwelling in Jerusalem, who was rich in movables. He wanted to distribute them, to give them as gifts. They said to him, you cannot do that except if you acquire real estate. What did he do? He went and bought a rock near Jerusalem and said: The Northern part I give to X with a hundred amphoras of wine, the Southern part I give to Y with a hundred amphoras of oil. The matter came before the Sages and they upheld his words. Rebbi Ḥananiah said before Rebbi Mana: But was he not bedridden? For in general a person might give property rights only in writing, and here even orally. In general, a person might give only if real estate and movables are at the same place; here, however, the real estate was at one place and the movables elsewhere. He said to him: But is there a difference for Rebbi Eliezer? Is not the sick person for Rebbi Eliezer like the sick person for the rabbis? He said to him: The sick person for Rebbi Eliezer is like the healthy person for the rabbis.

Rebbi Yasa in the name of Rebbi Joḥanan: If two fields were involved, one in Judea and one in Galilee. If he took possession of the one in Judea with the intent of taking possession of the one in Galilee, or the one in Galilee with the intent of taking possession of the one in Judea, he took possession. But in [the case of] property of a proselyte he did not acquire even the boundary strip between them. Rebbi Ze‘ira asked before Rebbi Yasa: If he intended to acquire starting from the boundary strip and below? Rav Ḥisda said, property of a proselyte which he took possession of in the North with the intent of also acquiring that in the South, or in the South with the intent of acquiring also that in the North, but did not have the intent of acquiring the strip in the middle, he did not acquire unless he also intended to acquire the middle part. A baraita disagrees with Rav Ḥisda: If a proselyte died and Jews plundered his property, if one takes possession of the ground he is obligated for everything. If he took possession of standing grain, he is obligated for fallen stalks, forgotten sheaves, and peah but freed from tithes. Does not the air separate between stalks? There, we have stated: “If he tore off anything connected to the ground, he took possession.” Samuel said, he took possession only of that leaf. But did we not state: “If it was connected to the ground and he tore off anything, he took possession”? Rebbi Yose said, Rebbi Eudaimon the emigrant confirmed it: Samuel will agree, for proselyte’s property.

Rebbi Yasa in the name of Rebbi Joḥanan: If two fields were involved, one in Judea and one in Galilee. If he took possession of the one in Judea with the intent of taking possession of the one in Galilee, or the one in Galilee with the intent of taking possession of the one in Judea, he took possession. But in [the case of] property of a proselyte he did not acquire even the boundary strip between them. Rebbi Ze‘ira asked before Rebbi Yasa: If he intended to acquire starting from the boundary strip and below? Rav Ḥisda said, property of a proselyte which he took possession of in the North with the intent of also acquiring that in the South, or in the South with the intent of acquiring also that in the North, but did not have the intent of acquiring the strip in the middle, he did not acquire unless he also intended to acquire the middle part. A baraita disagrees with Rav Ḥisda: If a proselyte died and Jews plundered his property, if one takes possession of the ground he is obligated for everything. If he took possession of standing grain, he is obligated for fallen stalks, forgotten sheaves, and peah but freed from tithes. Does not the air separate between stalks? There, we have stated: “If he tore off anything connected to the ground, he took possession.” Samuel said, he took possession only of that leaf. But did we not state: “If it was connected to the ground and he tore off anything, he took possession”? Rebbi Yose said, Rebbi Eudaimon the emigrant confirmed it: Samuel will agree, for proselyte’s property.

Rebbi Yasa in the name of Rebbi Joḥanan: If two fields were involved, one in Judea and one in Galilee. If he took possession of the one in Judea with the intent of taking possession of the one in Galilee, or the one in Galilee with the intent of taking possession of the one in Judea, he took possession. But in [the case of] property of a proselyte he did not acquire even the boundary strip between them. Rebbi Ze‘ira asked before Rebbi Yasa: If he intended to acquire starting from the boundary strip and below? Rav Ḥisda said, property of a proselyte which he took possession of in the North with the intent of also acquiring that in the South, or in the South with the intent of acquiring also that in the North, but did not have the intent of acquiring the strip in the middle, he did not acquire unless he also intended to acquire the middle part. A baraita disagrees with Rav Ḥisda: If a proselyte died and Jews plundered his property, if one takes possession of the ground he is obligated for everything. If he took possession of standing grain, he is obligated for fallen stalks, forgotten sheaves, and peah but freed from tithes. Does not the air separate between stalks? There, we have stated: “If he tore off anything connected to the ground, he took possession.” Samuel said, he took possession only of that leaf. But did we not state: “If it was connected to the ground and he tore off anything, he took possession”? Rebbi Yose said, Rebbi Eudaimon the emigrant confirmed it: Samuel will agree, for proselyte’s property.

Rebbi Yasa in the name of Rebbi Joḥanan: If two fields were involved, one in Judea and one in Galilee. If he took possession of the one in Judea with the intent of taking possession of the one in Galilee, or the one in Galilee with the intent of taking possession of the one in Judea, he took possession. But in [the case of] property of a proselyte he did not acquire even the boundary strip between them. Rebbi Ze‘ira asked before Rebbi Yasa: If he intended to acquire starting from the boundary strip and below? Rav Ḥisda said, property of a proselyte which he took possession of in the North with the intent of also acquiring that in the South, or in the South with the intent of acquiring also that in the North, but did not have the intent of acquiring the strip in the middle, he did not acquire unless he also intended to acquire the middle part. A baraita disagrees with Rav Ḥisda: If a proselyte died and Jews plundered his property, if one takes possession of the ground he is obligated for everything. If he took possession of standing grain, he is obligated for fallen stalks, forgotten sheaves, and peah but freed from tithes. Does not the air separate between stalks? There, we have stated: “If he tore off anything connected to the ground, he took possession.” Samuel said, he took possession only of that leaf. But did we not state: “If it was connected to the ground and he tore off anything, he took possession”? Rebbi Yose said, Rebbi Eudaimon the emigrant confirmed it: Samuel will agree, for proselyte’s property.

HALAKHAH: “If anything is given instead of money,” etc. There, we have stated: “This is the principle: All movables acquire one another.” Rebbi Abba, Rav Ḥuna in the name of Rav: Even heaps among heaps. Rebbi Eleazar said to him, we have stated only: “If anything is given instead of money,” anything that needs estimation. It turns out that Rebbi Abba follows Rebbi Joḥanan and Rebbi Eleazar his own opinion, as we have stated there: “Brothers having common property who are obligated for agio are free from animal tithe, but if they are obligated for animal tithe they are free from agio.” Rebbi Eleazar said, only if they exchanged kid goats against rams and rams against kid goats. But if they exchanged kid goats against kid goats and rams against rams, that was [the recipient’s] part from the first moment. Rebbi Joḥanan said, even if they exchanged kid goats against kid goats and rams against rams, they are buyers. But we have stated there: “The buyer and the recipient of a gift are free from animal tithe. Brothers having common property who are obligated for agio are free from animal tithe.” When they split and then joined again. “But if they are obligated for animal tithe they are free from agio.” If they never split.

If it is so, they should have been freed once they were redeemed. It is written (Neh. 8:17): “All the congregation coming from captivity … since the days of Joshua bin Nun.” Why Joshua? Rebbi Hillel, the son of Samuel ben Naḥmani: The verse damaged the reputation of the just person in his grave for the reputation of the just person in his time; it compares their coming in the days of Ezra to the coming in the days of Joshua. As at the coming in the days of Joshua they had been free and became obligated, also at the coming in the days of Ezra they had been free and became obligated. How did they become obligated? Rebbi Yose ben Ḥanina said, they became obligated by the words of the Torah; that is what is written (Deut. 30:5): “The Eternal, your God, will bring you to the Land that your fathers inherited and you will inherit it.” Just as the inheritance of your fathers was by the words of the Torah, so your inheritance is by the words of the Torah. “He will be good to you and give increase to you more than to your forefathers.” Your fathers had been free and became obligated, also you had been free and became obligated. On your fathers there was no yoke of government, but you [are obligated] even though there is on you the yoke of government. Your fathers did become obligated only after fourteen years, seven they conquered and seven they distributed, but you became obligated [immediately when you entered. Your fathers did become obligated only after they had acquired all, but you become obligated] for every single piece at the moment you acquire it.

We have stated: “A preliminarily married adolescent girl, or her father, can accept her bill of divorce.” Rebbi Simeon ben Laqish said, like the disagreement about divorce is the disagreement about preliminary marriage. Rebbi Joḥanan said, everybody agrees about preliminary marriage that her father contracts but not she herself. Rebbi Simeon ben Laqish agrees about a definitive marriage that she is not empowered to marry herself off and to let her father lose her earnings. In the opinion of Rebbi Joḥanan she has no legal standing relative to her father and cannot appoint an agent. In the opinion of Rebbi Simeon ben Laqish she does have legal standing relative to her father and can appoint an agent. A Mishnah disagrees with Rebbi Joḥanan: “A man contracts a preliminary marriage either in person or through his agent and a woman contracts a preliminary marriage either in person or through her agent.” He explains it about an adult woman. But did we not state: “If an underage girl said, accept the bill of divorce for me, it is no valid bill of divorce until it reaches her hand.” He explains it about an orphan. But did we not state: “If her father said to [an agent]: Go and receive my daughter’s bill of divorce, if [the husband] wants to retract he cannot retract.” He explains that the Mishnah deals with cases; the first part about an orphan and the second part if she has a father. A Mishnah disagrees with Rebbi Simeon ben Laqish. “A man may contract a preliminary marriage for his adolescent daughter either by himself or by his agent.” He explains that following Rebbi Jehudah, since Rebbi Jehudah said, “no two hands can acquire together.” Rebbi Yose said, a rabbi came out from the assembly and said, a case was decided following Rebbi Joḥanan. Can one rely on that? It was no question of relying on him since it was as from the sea to the frying pan.

As it was stated: “One may say to his worker: Here you have a denar, use it for food, here you have a denar, use it for drink, and not be worried about either the Sabbatical year, tithes, or wine for libations. But if he told him, go and buy yourself a loaf and I shall give you the money, go and buy yourself a reviït of wine and I shall give you the money, he has to worry because of the Sabbatical year, tithes, and wine used for libations.” Rebbi Ze‘ira said, the grocer becomes the agent of the employer to let the worker acquire. [Rebbi Hila said, the worker] acquired for the employer from the grocer and then acquires it himself.

If the worker was deaf-mute. According to Rebbi Hila, he does not have to worry because a deaf-mute cannot acquire; according to Rebbi Ze‘ira, he does have to worry.

HALAKHAH: “Be preliminarily married to me by this cup of wine,” etc. If this cup and its contents together have the value of a peruṭah, she is preliminarily married; otherwise she is not preliminarily married. “Acquire it and its contents,” if its contents are worth a peruṭah, she is preliminarily married; otherwise she is not preliminarily married; she acquired only its contents.

HALAKHAH: “If somebody preliminarily marries two women with the value of a peruṭah,” etc. It was stated: “In all these cases, if they had intercourse they acquired. Rebbi Simeon [ben] Jehudah says in the name of Rebbi Simeon: In all these cases, if they had intercourse they did acquire since his intercourse was predicated on the preceding preliminary marriage.” What did they acquire? Rebbi Ḥiyya in the name of Rebbi Joḥanan: They acquired for restrictions. Rebbi Ḥiyya in the name of Rebbi Joḥanan: With any condition which refers to a preceding action, she is preliminarily married for restrictions. Rebbi Mana asked before Rebbi Yudan: Who is the Tanna who stated: “Any condition which refers to a preceding action is invalid”? This does not follow Rebbi Simeon. Rebbi Yudan in the name of Rebbi Joḥanan: She is preliminarily married for restrictions. How is that: “I am marrying you preliminarily by intercourse on condition that rains should fall.” If rain fell, she is preliminarily married, otherwise she is not preliminarily married. Rebbi Ḥiyya in the name of Rebbi Joḥanan: In matters of a preliminary marriage by a loan for restrictions, for real estate it was not acquired, for movables one does not deliver him to “Him Who exacted retribution.” If [the buyer] insists on the deal? Let us hear from the following: “You have wine to get from me, when he had no wine.” Therefore, if he had wine he would be obligated to deliver. Rebbi Ḥiyya stated, if he has wine he is obligated to deliver. Rebbi Samuel ben Rav Isaac did (not) say there: You should know that Rebbi Ḥiyya instructed following Rebbi Joḥanan that a preliminary marriage by a loan is for restrictions. Rebbi Ze‘ira resented it. Why? Because they were restrictive in practice and he taught them leniency? Rebbi Yose ben Rebbi Abun said, they were lenient in practice and he taught them to be restrictive, that if another man came and married her preliminarily, his marriage would hold. Rebbi Yudan ben Rebbi Ḥanan said, if there is a doubt between adultery and no adultery, decide on no adultery.

HALAKHAH: “If somebody preliminarily marries two women with the value of a peruṭah,” etc. It was stated: “In all these cases, if they had intercourse they acquired. Rebbi Simeon [ben] Jehudah says in the name of Rebbi Simeon: In all these cases, if they had intercourse they did acquire since his intercourse was predicated on the preceding preliminary marriage.” What did they acquire? Rebbi Ḥiyya in the name of Rebbi Joḥanan: They acquired for restrictions. Rebbi Ḥiyya in the name of Rebbi Joḥanan: With any condition which refers to a preceding action, she is preliminarily married for restrictions. Rebbi Mana asked before Rebbi Yudan: Who is the Tanna who stated: “Any condition which refers to a preceding action is invalid”? This does not follow Rebbi Simeon. Rebbi Yudan in the name of Rebbi Joḥanan: She is preliminarily married for restrictions. How is that: “I am marrying you preliminarily by intercourse on condition that rains should fall.” If rain fell, she is preliminarily married, otherwise she is not preliminarily married. Rebbi Ḥiyya in the name of Rebbi Joḥanan: In matters of a preliminary marriage by a loan for restrictions, for real estate it was not acquired, for movables one does not deliver him to “Him Who exacted retribution.” If [the buyer] insists on the deal? Let us hear from the following: “You have wine to get from me, when he had no wine.” Therefore, if he had wine he would be obligated to deliver. Rebbi Ḥiyya stated, if he has wine he is obligated to deliver. Rebbi Samuel ben Rav Isaac did (not) say there: You should know that Rebbi Ḥiyya instructed following Rebbi Joḥanan that a preliminary marriage by a loan is for restrictions. Rebbi Ze‘ira resented it. Why? Because they were restrictive in practice and he taught them leniency? Rebbi Yose ben Rebbi Abun said, they were lenient in practice and he taught them to be restrictive, that if another man came and married her preliminarily, his marriage would hold. Rebbi Yudan ben Rebbi Ḥanan said, if there is a doubt between adultery and no adultery, decide on no adultery.

If the appointed time has arrived and he says, I gave, but she says, I did not receive: Rebbi Abun said, since he tries to wrest the contract from the woman’s hand, the burden of proof is on him. Think of it, maybe there was no contract? Rebbi Yose said, since he tries to forbid her to anybody, he has to prove that they entered into the contract. A case came before Rebbi Abbahu; he said to him, go and deliver. He answered, Rabbi, I did not acquire a wife and you say to me, go and deliver! Rebbi Abbahu said, it never happened to me that one got the better of me except this one. He rephrased and said: If he changed his mind, he shall deliver. If she changed her mind, she shall deliver. Is that not his former judgment? He rephrased to give it the status of a court document.

There, we have stated: “A person can impose a condition of his ‘eruv.” So is the Mishnah: “A person can impose a condition of his‘eruvin.” Rebbi Eleazar said, who is the Tanna of “if they came”, “if they did not come”? Rebbi Meïr! Which Rebbi Meïr? The colleagues say, Rebbi Meïr of Qiddušin. As it was stated: If somebody say to a woman: You are preliminarily married to me on condition that there will be rain. If rain fell, she is preliminarily married, otherwise she is not preliminarily married. Rebbi Meïr says, she is preliminarily married whether or not rain fell unless he doubled his condition. Everybody agrees that if he said, after rainfall, if it rained she is preliminarily married, otherwise she is not preliminarily married. Rebbi Yose said, it follows Rebbi Meïr in Eruvin, as we have stated there: “If it be in doubt, Rebbi Meïr and Rebbi Jehudah say, he is a camel-donkey driver.” Rebbi Yose said, Rebbi Meïr said this only as a restriction. Rebbi Mana said, that is correct. He cannot acquire his ‘eruv since he is not able to enjoy it. [Why not] like the people of his place? If he had decided to leave his place. And here, she is not preliminarily married to the first, since no rain came. She is not preliminarily married to the second, since [the first] did not double his condition. Rebbi Ḥaggai asked before Rebbi Yose: Is this “if” not a reaction? He answered, there is a difference since the land was in their hand and he wanted to take it away from them.

“If I partially set up for damage claims” “as if I had set up for any claims.” This is the pit, as it was stated: If somebody dug a pit ten handbreadths deep and another came and deepened it another handbreadth, the latter is responsible. Rebbi says, one goes after the latter in case of death and after the former for damages. Rebbi Isaac says: So is the baraita: After the latter in case of death and after both of them for damages. If he dug [a pit] ten handbreadths deep and another person came, whitewashed and lined it, both of them are liable. Is he liable because he whitewashed and lined it? When he told him, whitewash this (house) [pit] and acquire it, for Rebbi Immi said in the name of Rebbi Eleazar, the prevention of damages follows the rules of guarding an acquisition. Rebbi Simon said, explain it when he was digging in the dunes. And it was stated: If each of them dug ten, or each one twenty, or each one a hundred, they are all liable. How deep does it have to be? To be deadly, ten handbreadths. To do damage, anything. Symmachos says, three in depth and four in width. Rebbi Eleazar the caper grower says, the length of the animal which falls in. What means the length of the animal which falls in? Whether chicken or camel.

MISHNAH: If somebody take out his straw and his pressed olives into the public domain to compost, he is liable for any damages another person might incur because of this. Anybody may take it and acquire it. If somebody turns over cow droppings in the public domain, he is liable for any damages another person might incur because of this.

HALAKHAH: “If somebody take out his straw and his pressed olives,” etc. What did he acquire? The House of Yannai said, the increase in value. Samuel said, the substance.

Ḥizqiah said, only if he turned it over to acquire. The word of Ḥizqiah implies that movables can be acquired by turning them over. But could they be acquired by dragging? Rebbi Abun bar Ḥiyya said, this is reasonable for pillars and hard hides. But soft hides one does not acquire unless one lifts them up.

Ḥizqiah said, only if he turned it over to acquire. The word of Ḥizqiah implies that movables can be acquired by turning them over. But could they be acquired by dragging? Rebbi Abun bar Ḥiyya said, this is reasonable for pillars and hard hides. But soft hides one does not acquire unless one lifts them up.

HALAKHAH: “If somebody split [wood] in a private domain,” etc. Rebbi Yose ben Ḥanina said, if he was splitting wood in his courtyard when a worker entered to claim his wages, and a splinter ricocheted and damaged him, he is liable. If he died he does not go into exile. But did not Rebbi Ḥiyya state, “he is not liable”? They do not disagree. What Rebbi Yose said, if he had seen him, but what Rebbi Ḥiyya said, if he had not seen him. If he had not seen him, once he said to him: enter, {should he not be liable? But did not Rebbi Ḥiyya state, “he is not liable”? Since he told him: enter, he has to take precautions. Some want to say, since he told him to enter it} becomes like the courtyard of partners, about which Rebbi Joḥanan said in the name of Rebbi Yannai: Partners acquire from one another in a courtyard and are mutually liable for damages. But did not Rav say: If he filled the entire public domain? And did this fill the entire public domain? They said, since he walks in the entire courtyard, it is as if he had filled the entire courtyard.

HALAKHAH: “One who digs a pit in the public domain,” etc. It is written: “If a man open a pit” and “if a man dig a pit.” One pit for damages, the other pit for death. Rebbi Isaac said, both the pit of death and the pit of damages were added from the same verse, but when it comes to the pit of death you say he is not liable for vessels, but when it comes to the pit of damages you say he is liable for vessels! This is not only if he dug, from where if he bought, inherited, or it was given to him as a gift? The verse says, “if a man acquire a pit.” Has one the right to abandon his damages in the public domain? Rebbi Yose ben Rebbi Abun said, explain it following Rebbi Yose ben Rebbi Jehudah who said, three [handbreadths] close to a domain are like that domain.

There is a rule about the slaughterer which does not apply to the seller and to the seller which does not apply to the slaughterer, for he who slaughters on the Sabbath is criminally liable but he who sells on the Sabbath cannot be prosecuted. Rebbi Yannai ben Rebbi Ismael said, we find a case of sale for which one is criminally liable on the Sabbath. Think of it, if somebody said to another: tear something off from this ground to acquire, did he not acquire? Rebbi Yose ben Rebbi Abun said, the tearing makes him liable, not the sale.

There is a rule about the slaughterer which does not apply to the seller and to the seller which does not apply to the slaughterer, for he who slaughters on the Sabbath is criminally liable but he who sells on the Sabbath cannot be prosecuted. Rebbi Yannai ben Rebbi Ismael said, we find a case of sale for which one is criminally liable on the Sabbath. Think of it, if somebody said to another: tear something off from this ground to acquire, did he not acquire? Rebbi Yose ben Rebbi Abun said, the tearing makes him liable, not the sale.

HALAKHAH: “If one gave something to artisans to repair and they broke it,” etc. Rav Huna said, only if he put in the last nail to acquire the rights to his utensils.

HALAKHAH: “Somebody was riding on an animal,” etc. Rebbi Isaac says, from this rule one cannot infer anything, not from its beginning nor from its end. “Somebody was riding on an animal when he saw a find and said to another person: ‘give it to me’. If [that one] took it and said: ‘I acquired it’, he acquired it”. If he had said, “acquire it for me”, he would have acquired it. That means, from this rule one cannot infer anything, not from its beginning nor from its end.

MISHNAH: If somebody saw a find and fell upon it when another person grabbed it, the one who grabbed it acquired it. If one saw people running after a find, after an injured deer, after young pigeons unable to fly, and he said: “my field shall acquire it for me”, it acquired it for him. If the deer was running normally, or the pigeons were flying, and he said: “my field shall acquire it for me”, he did not say anything.

MISHNAH: If somebody saw a find and fell upon it when another person grabbed it, the one who grabbed it acquired it. If one saw people running after a find, after an injured deer, after young pigeons unable to fly, and he said: “my field shall acquire it for me”, it acquired it for him. If the deer was running normally, or the pigeons were flying, and he said: “my field shall acquire it for me”, he did not say anything.

HALAKHAH: “If somebody saw a find” etc. Rabbi Simeon ben Laqish said [in the name of] Abba Cohen bar Delaiah: A person acquires a find within four cubits from himself. Rebbi Joḥanan said, only if it fell into his hand. A Mishnah disagrees with Rebbi Simeon ben Laqish: “If he took some of the peah and threw it on the rest, he has nothing of it.” He answered: Explain it if the did not say that his four cubits should acquire it for him. But does it not say afterwards: “If he fell on it or spread his talith on it, one removes him from it?” That is the same, if he did not say that his four cubits should acquire it for him. But did not Rebbi Ḥiyya state: “If two were pushing one another because of a sheaf and another poor person came and grabbed it from before them, he is entitled to it.” It is the same; he did not say that his four cubits should acquire it for him. But did we not state: “If somebody saw a find and fell upon it when another person grabbed it, the one who grabbed it acquired it.” It is the same, he did not say that his four cubits should acquire it for him. But did we not state: “If it landed close to her it is a bill of divorce, close to him it is no bill of divorce, half and half she is divorced and not divorced.” Ḥizqiah said, the Mishnah speaks of the scribe’s fee. They objected: Is it not written: “I in my poverty did prepare”? How is that? If it was in his possession, he was rich. If it was not in his possession, how can a person dedicate what is not his? It must be that it was within four cubits from him. Rebbi Abin said, what means “in my poverty?” That there is no wealth before Him Who commanded and the world came into existence! Another explanation: he fasted and donated the price of his meal to Heaven.

HALAKHAH: “If somebody saw a find” etc. Rabbi Simeon ben Laqish said [in the name of] Abba Cohen bar Delaiah: A person acquires a find within four cubits from himself. Rebbi Joḥanan said, only if it fell into his hand. A Mishnah disagrees with Rebbi Simeon ben Laqish: “If he took some of the peah and threw it on the rest, he has nothing of it.” He answered: Explain it if the did not say that his four cubits should acquire it for him. But does it not say afterwards: “If he fell on it or spread his talith on it, one removes him from it?” That is the same, if he did not say that his four cubits should acquire it for him. But did not Rebbi Ḥiyya state: “If two were pushing one another because of a sheaf and another poor person came and grabbed it from before them, he is entitled to it.” It is the same; he did not say that his four cubits should acquire it for him. But did we not state: “If somebody saw a find and fell upon it when another person grabbed it, the one who grabbed it acquired it.” It is the same, he did not say that his four cubits should acquire it for him. But did we not state: “If it landed close to her it is a bill of divorce, close to him it is no bill of divorce, half and half she is divorced and not divorced.” Ḥizqiah said, the Mishnah speaks of the scribe’s fee. They objected: Is it not written: “I in my poverty did prepare”? How is that? If it was in his possession, he was rich. If it was not in his possession, how can a person dedicate what is not his? It must be that it was within four cubits from him. Rebbi Abin said, what means “in my poverty?” That there is no wealth before Him Who commanded and the world came into existence! Another explanation: he fasted and donated the price of his meal to Heaven.

HALAKHAH: “If somebody saw a find” etc. Rabbi Simeon ben Laqish said [in the name of] Abba Cohen bar Delaiah: A person acquires a find within four cubits from himself. Rebbi Joḥanan said, only if it fell into his hand. A Mishnah disagrees with Rebbi Simeon ben Laqish: “If he took some of the peah and threw it on the rest, he has nothing of it.” He answered: Explain it if the did not say that his four cubits should acquire it for him. But does it not say afterwards: “If he fell on it or spread his talith on it, one removes him from it?” That is the same, if he did not say that his four cubits should acquire it for him. But did not Rebbi Ḥiyya state: “If two were pushing one another because of a sheaf and another poor person came and grabbed it from before them, he is entitled to it.” It is the same; he did not say that his four cubits should acquire it for him. But did we not state: “If somebody saw a find and fell upon it when another person grabbed it, the one who grabbed it acquired it.” It is the same, he did not say that his four cubits should acquire it for him. But did we not state: “If it landed close to her it is a bill of divorce, close to him it is no bill of divorce, half and half she is divorced and not divorced.” Ḥizqiah said, the Mishnah speaks of the scribe’s fee. They objected: Is it not written: “I in my poverty did prepare”? How is that? If it was in his possession, he was rich. If it was not in his possession, how can a person dedicate what is not his? It must be that it was within four cubits from him. Rebbi Abin said, what means “in my poverty?” That there is no wealth before Him Who commanded and the world came into existence! Another explanation: he fasted and donated the price of his meal to Heaven.

HALAKHAH: “If somebody saw a find” etc. Rabbi Simeon ben Laqish said [in the name of] Abba Cohen bar Delaiah: A person acquires a find within four cubits from himself. Rebbi Joḥanan said, only if it fell into his hand. A Mishnah disagrees with Rebbi Simeon ben Laqish: “If he took some of the peah and threw it on the rest, he has nothing of it.” He answered: Explain it if the did not say that his four cubits should acquire it for him. But does it not say afterwards: “If he fell on it or spread his talith on it, one removes him from it?” That is the same, if he did not say that his four cubits should acquire it for him. But did not Rebbi Ḥiyya state: “If two were pushing one another because of a sheaf and another poor person came and grabbed it from before them, he is entitled to it.” It is the same; he did not say that his four cubits should acquire it for him. But did we not state: “If somebody saw a find and fell upon it when another person grabbed it, the one who grabbed it acquired it.” It is the same, he did not say that his four cubits should acquire it for him. But did we not state: “If it landed close to her it is a bill of divorce, close to him it is no bill of divorce, half and half she is divorced and not divorced.” Ḥizqiah said, the Mishnah speaks of the scribe’s fee. They objected: Is it not written: “I in my poverty did prepare”? How is that? If it was in his possession, he was rich. If it was not in his possession, how can a person dedicate what is not his? It must be that it was within four cubits from him. Rebbi Abin said, what means “in my poverty?” That there is no wealth before Him Who commanded and the world came into existence! Another explanation: he fasted and donated the price of his meal to Heaven.

It was stated: “One who says, my house shall acquire for me any find that fell into it, did not say anything. If the find was known, his words stand.” As in the case of Rebbi Abba bar Mina’s sharecropper who climbed a date palm, found pigeon chicks there, and took them. He went to ask the master, who said nothing to him. He went and returned them. Rebbi Abba bar Mina said, his returning is more difficult for us than his finding.

HALAKHAH: “The find of his small son or daughter,” etc. Rebbi Joḥanan said, only if they are not dependent on their father. But if they are dependent on their father, their finds belong to the latter. Rebbi Simeon ben Laqish says, a person cannot acquire a find for another. Rebbi [Hila] said: Not that Rebbi Simeon had formulated thus, but he had a problem with what Rebbi Hoshaiah stated: If a person hires a worker for any work, the latter’s finds belong to the employer. Rebbi Simeon ben Laqish said, should the finds of a person who can resign at any moment belong to his employer?

MISHNAH: Silver acquires gold but gold does not acquire silver. Brass acquires silver but silver does not acquire brass. Bad coins acquire good ones but good ones do not acquire bad ones. A blank acquires a coin but a coin does not acquire a blank. Movables acquire coins but coins do not acquire movables. This is the rule: all movables acquire one another.

MISHNAH: Silver acquires gold but gold does not acquire silver. Brass acquires silver but silver does not acquire brass. Bad coins acquire good ones but good ones do not acquire bad ones. A blank acquires a coin but a coin does not acquire a blank. Movables acquire coins but coins do not acquire movables. This is the rule: all movables acquire one another.

MISHNAH: Silver acquires gold but gold does not acquire silver. Brass acquires silver but silver does not acquire brass. Bad coins acquire good ones but good ones do not acquire bad ones. A blank acquires a coin but a coin does not acquire a blank. Movables acquire coins but coins do not acquire movables. This is the rule: all movables acquire one another.

MISHNAH: Silver acquires gold but gold does not acquire silver. Brass acquires silver but silver does not acquire brass. Bad coins acquire good ones but good ones do not acquire bad ones. A blank acquires a coin but a coin does not acquire a blank. Movables acquire coins but coins do not acquire movables. This is the rule: all movables acquire one another.

MISHNAH: Silver acquires gold but gold does not acquire silver. Brass acquires silver but silver does not acquire brass. Bad coins acquire good ones but good ones do not acquire bad ones. A blank acquires a coin but a coin does not acquire a blank. Movables acquire coins but coins do not acquire movables. This is the rule: all movables acquire one another.

MISHNAH: Silver acquires gold but gold does not acquire silver. Brass acquires silver but silver does not acquire brass. Bad coins acquire good ones but good ones do not acquire bad ones. A blank acquires a coin but a coin does not acquire a blank. Movables acquire coins but coins do not acquire movables. This is the rule: all movables acquire one another.

MISHNAH: Silver acquires gold but gold does not acquire silver. Brass acquires silver but silver does not acquire brass. Bad coins acquire good ones but good ones do not acquire bad ones. A blank acquires a coin but a coin does not acquire a blank. Movables acquire coins but coins do not acquire movables. This is the rule: all movables acquire one another.

MISHNAH: Silver acquires gold but gold does not acquire silver. Brass acquires silver but silver does not acquire brass. Bad coins acquire good ones but good ones do not acquire bad ones. A blank acquires a coin but a coin does not acquire a blank. Movables acquire coins but coins do not acquire movables. This is the rule: all movables acquire one another.

There, we have stated: If anything is given instead of money, if one entered in possession, the other is obligated for its exchange. Rebbi Joḥanan said, they stated this only about an ox for a cow, or a donkey for an ox; but heap against heap one did not acquire. Rav Jeremiah in the name of Rav: Even heaps among heaps he did acquire. Rebbi Abba bar Mina in the name of Rav: One who exchanged אברוקלון against אמברוקלון did acquire.

There, we have stated: If anything is given instead of money, if one entered in possession, the other is obligated for its exchange. Rebbi Joḥanan said, they stated this only about an ox for a cow, or a donkey for an ox; but heap against heap one did not acquire. Rav Jeremiah in the name of Rav: Even heaps among heaps he did acquire. Rebbi Abba bar Mina in the name of Rav: One who exchanged אברוקלון against אמברוקלון did acquire.

There, we have stated: If anything is given instead of money, if one entered in possession, the other is obligated for its exchange. Rebbi Joḥanan said, they stated this only about an ox for a cow, or a donkey for an ox; but heap against heap one did not acquire. Rav Jeremiah in the name of Rav: Even heaps among heaps he did acquire. Rebbi Abba bar Mina in the name of Rav: One who exchanged אברוקלון against אמברוקלון did acquire.

(Rebbi Abba, Rav Jehudah in the name of Samuel: One had a cow and one a donkey. They exchanged them.) The donkey’s owner took the cow; he did not acquire it. Would the donkey be acquired? Rebbi Abba said, he acquired. Rebby Yasa said, he did not acquire. Rebbi Mana said, there is a situation in which Rebbi Yose would agree: A man said to another, I want to sell my cow. He asked him, for how much? He answered, for eight denars. He went and gave him a draft on his banker. In the morning he went and found him open for business. He asked him, what are you doing here? He answered, I want to collect the denars in the draft I have on you. He asked him, what do you want to buy with them? He answered, a donkey. He told him, your donkey is with me. If either of them took possession, the other did not acquire but each animal separately has to be taken in possession.

(Rebbi Abba, Rav Jehudah in the name of Samuel: One had a cow and one a donkey. They exchanged them.) The donkey’s owner took the cow; he did not acquire it. Would the donkey be acquired? Rebbi Abba said, he acquired. Rebby Yasa said, he did not acquire. Rebbi Mana said, there is a situation in which Rebbi Yose would agree: A man said to another, I want to sell my cow. He asked him, for how much? He answered, for eight denars. He went and gave him a draft on his banker. In the morning he went and found him open for business. He asked him, what are you doing here? He answered, I want to collect the denars in the draft I have on you. He asked him, what do you want to buy with them? He answered, a donkey. He told him, your donkey is with me. If either of them took possession, the other did not acquire but each animal separately has to be taken in possession.

(Rebbi Abba, Rav Jehudah in the name of Samuel: One had a cow and one a donkey. They exchanged them.) The donkey’s owner took the cow; he did not acquire it. Would the donkey be acquired? Rebbi Abba said, he acquired. Rebby Yasa said, he did not acquire. Rebbi Mana said, there is a situation in which Rebbi Yose would agree: A man said to another, I want to sell my cow. He asked him, for how much? He answered, for eight denars. He went and gave him a draft on his banker. In the morning he went and found him open for business. He asked him, what are you doing here? He answered, I want to collect the denars in the draft I have on you. He asked him, what do you want to buy with them? He answered, a donkey. He told him, your donkey is with me. If either of them took possession, the other did not acquire but each animal separately has to be taken in possession.

Rebbi Joḥanan gave denars to a relative of his for oil. The oil rose in price. He went and asked Rebbi Yannai who told him, by Torah standards money acquires, but why did they say it does not acquire? Lest [the seller] tell him, your wheat was burned in the storage room. Rebbi Samuel ben Sosartai in the name of Rebbi Abbahu: If [the seller] told him, your wheat was burned in the storage room, he is trustworthy. Rebbi Isaac objected: Where do we hold? If his money had acquired for him, his property would have been burned. But if his money had not acquired for him, the other’s property was burned.

“He told him, deliver my wheat, for I want to sell it.” How did he acquire? Rav Naḥman bar Jacob was of the opinion that he had to deliver (to the other person) [by law. Rebbi Abbahu in the name of Rebbi Joḥanan: His money acquired for him by biblical law.]

Rebbi Yasa in the name of Rebbi Joḥanan: If two fields of a proselyte were involved, with a boundary strip in between. If he cut off from one of them with the intent of taking possession also of the other but not the boundary strip in between, the one was acquired by him but not the other. Rebbi Ze‘ira asked before Rebbi Yasa: If he intended to acquire starting [from] the boundary strip and below? Rav Ḥisda said, property of a proselyte which he took possession of in the North by cutting off with the intent of also acquiring the one to the South, but did not have the intent of acquiring the strip in the middle, he acquired the one to the North but not the one to the South. There, we have stated: “If it was connected to the ground and he cut off anything, he acquired.” Samuel said, he acquired only what he cut off. Rebbi Eudaimon the Emigrant said, this was said concerning the property of a proselyte. Rav Ḥisda said, Rebbi Isaac: It was reported that this was said concerning the property of a proselyte, so it should present no difficulty for Samuel.

Rebbi Ḥiyya in the name of Rebbi Joḥanan: A vegetable bed which is six by six [handbreadths] and has its own name is not sold. Rebbi Joḥanan said: There is disagreement between Rebbi Ismael ben Rebbi Yose and the rabbis about one who bought an anvil sycamore on another’s property. Rebbi Ismael ben Rebbi Yose says, he acquired the land. The rabbis say, he did not acquire. Rebbi Ḥiyya bar Abba asked: If somebody sold all trees but reserved for himself an anvil sycamore. In the opinion of Rebbi Ismael ben Rebbi Yose, he acquired the land. In the opinion of the rabbis, he did not acquire the land. Rebbi Isaac bar Tebelai asked: If somebody sold all trees and an olive tree at place X, are all olive trees at that place sold? Rebbi Yudan ben Rebbi Ismael asked: If somebody bought three groups of reeds, did he buy the greatest cedar in the Land of Israel?

Rebbi Ḥiyya in the name of Rebbi Joḥanan: A vegetable bed which is six by six [handbreadths] and has its own name is not sold. Rebbi Joḥanan said: There is disagreement between Rebbi Ismael ben Rebbi Yose and the rabbis about one who bought an anvil sycamore on another’s property. Rebbi Ismael ben Rebbi Yose says, he acquired the land. The rabbis say, he did not acquire. Rebbi Ḥiyya bar Abba asked: If somebody sold all trees but reserved for himself an anvil sycamore. In the opinion of Rebbi Ismael ben Rebbi Yose, he acquired the land. In the opinion of the rabbis, he did not acquire the land. Rebbi Isaac bar Tebelai asked: If somebody sold all trees and an olive tree at place X, are all olive trees at that place sold? Rebbi Yudan ben Rebbi Ismael asked: If somebody bought three groups of reeds, did he buy the greatest cedar in the Land of Israel?

MISHNAH: He who buys two trees on another’s property did not acquire the land; Rebbi Meїr says, he acquired the land. If they grew, he need not cut them. What grows from the stem is his, from the roots is the owner’s of the ground. If they died, he has no land. If he bought three, he bought the land. If they grew, he has to cut them. What grows from the roots is his. If they died, he has the land.

Rebbi Abun bar Cahana said, if he said, collect and acquire. But if it was collected from the start, this does not apply.

“If somebody says, I freed my slave Ṭabi, I freed him, I shall free him, he is free, this one is free; then he acquired.” Rebbi Ḥiyya in the name of Rebbi Joḥanan: But only by a document. “He should be freed, Rebbi says, he acquired, but the Sages say, he did not acquire.”

If someone said, field X I gave to Y, it is given to him, it should be his, Y should inherit my property, Y should take possession of my property, he did not say anything. It should be given to him as a gift, Rebbi says, he acquired, but the Sages say, he did not acquire; but one forces the heirs to fulfill the deceased’s words. It was stated: Rebbi Simeon ben Gamliel says, also if one writes διέθεμεν in Greek it is a gift. Rebbi Ḥanin in the name of Rebbi Joshua ben Levi: I turned to all linguists to know what is διέθεμεν and nobody told me anything.

One who said, my property should be given to X, if X died to Y, if Y died to Z. The one who was mentioned earlier receives the property earlier. If the second died during the first’s lifetime, the first one has the usufruct; when he dies the property reverts to heirs of the bequeather. If the third died during the second’s lifetime, the first one has the usufruct; when he dies the property reverts to heirs of the bequeather. If both the second and the third die during the first’s lifetime, the first has the usufruct and acquired the real estate, the words of Rebbi. Rabban Simeon ben Gamliel said, he only has the usufruct. Ḥizqiah said, practice follows Rebbi. Rebbi Yannai said, Rebbi agrees that he cannot dispose of it by a death-bed will. Rebbi Joḥanan said, not even as a gift from a healthy person. As in the following: A woman wrote her properties over to a certain man. She needed money and sold it to her husband. Rebbi Ḥiyya bar Madia brought the case before Rebbi Yose. Did not Rebbi Yannai say, Rebbi agrees that he cannot dispose of it by a death-bed will? Rebbi Joḥanan said to him, is that not the gift of a healthy person? Since the husband of this woman is obligated to provide for her food, is that not like a death-bed will? So far, he is obligated to provide for her bread and legumes. Maybe eggs? Maybe chicken? Since it was stated that the first has the usufruct and acquired the real estate, that means that she may sell the property even in order to eat delicacies. Rebbi Aḥa bar Jacob said, it was stated there that her burial is part of her upkeep. If she did not have a burial site, since it was stated that the first has the usufruct and acquired the real estate, it means that he may sell the real estate and acquire a burial site.