acquire

Samuel said, one can transfer benefits to the fetus; Rebbi Eleazar said, one cannot transfer benefits to the fetus. A baraita disagrees with Rebbi Eleazar. “If a proselyte died and Jews plundered his estate, then it became known that he had a son or that his wife was pregnant, everybody is required to return [what he took]. If they returned everything and then the son died or his wife had a miscarriage, the last one in possession acquires it.” Did the first group acquire or not? Explain it, because of hopelessness and it does not even disagree with Samuel. Or should the last one not have acquired it? Still it is because of hopelessness.

HALAKHAH: So far if 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 sheep and a hundred amphoras of wine, the Southern part I give to Y with a hundred amphoras of oil. The matter came before the Sages, who 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? Would the sick person for Rebbi Eliezer be like the healthy person for the rabbis? He said to him: The sick person for Rebbi Eliezer is like the healthy person for the rabbis.

MISHNAH: But the Sages say, on the Sabbath, his words are confirmed since he cannot write, but not on weekdays. Rebbi Joshua says, they said that for the Sabbath, so much more for weekdays. Similarly, one may acquire for an underage person but not for an adult. Rebbi Joshua says, they said that for an underage person, so much more for an adult.

If somebody improved [his field] today, what is the rule? Rebbi Jeremiah was of the opinion that when the reason disappeared, the ordinance is void. Rebbi Yose was of the opinion that even if the reason disappeared, the ordinance stands until another court abolishes it. Similarly, how does an owner acquire his own produce in a Sabbatical year? Rebbi Jeremiah wanted to say, from the moment he put it into his vessel. Rebbi Yose was of the opinion that even if he put it into his vessel he did not acquire, for he thinks that it is his but it is not his.

If somebody improved [his field] today, what is the rule? Rebbi Jeremiah was of the opinion that when the reason disappeared, the ordinance is void. Rebbi Yose was of the opinion that even if the reason disappeared, the ordinance stands until another court abolishes it. Similarly, how does an owner acquire his own produce in a Sabbatical year? Rebbi Jeremiah wanted to say, from the moment he put it into his vessel. Rebbi Yose was of the opinion that even if he put it into his vessel he did not acquire, for he thinks that it is his but it is not his.

Rebbi Yose ben Ḥanina said, if he was splitting wood in his courtyard, when a worker entered to collect his wages, and a splinter ricocheted and injured him, he is liable. If he died, he does not go into exile, for it is not like a forest. Rebbi Ḥanina stated, he is not liable. They do not disagree. What Rebbi Yose ben Ḥanina said, when they did not see him. But what Rebbi Ḥiyya stated, when they saw him. When they did not see him, from the moment he told him: enter, should he not be liable? Rebbi Ḥiyya stated, he is not liable. Since he told him: enter, he has to take precautions. Some would say, since he told him to enter, it becomes like the courtyard of partners. Rebbi Ḥiyya in the name of Rebbi Joḥanan: Partners acquire from one another in a courtyard; they object to one another in a courtyard, and are mutually liable for damages. But did not Rav say, if he filled the entire public domain? This did not fill the entire public domain! Since they usually walk in the entire domain, it is as if he had filled the entire domain.

MISHNAH: All those subject to extirpation are no longer liable to extirpation once they were flogged, as it is said, your brother would be despicable in your eyes. After he was flogged, he is your brother, the words of Rebbi Ḥanania ben Gamliel. And since one who commits a transgression may lose his soul because of it, if one fulfills a commandment certainly his soul shall be given to him. Rebbi Simeon says, from its place it can be inferred as it is written, the souls of the perpetrators will be extirpated, and it says, that a human shall do and live in them. Therefore, to anybody who quietly does not transgress a prohibition is given reward like somebody keeping the Commandments. Rebbi Simeon ben Rebbi says, does it not say, only be strong not to eat blood, for blood is the life? Since one who desists from blood, from which a person recoils, receives reward, if one desists of robbery and sexual offenses, which a person desires and cherishes, certainly he should acquire the merit for himself, his descendants, and his descendants’ descendants to the end of all generations.

It was stated: The systematizer has precedence over the dialectician. Rebbi Samuel, Rebbi Berekhia’s brother, asked: Even like Rebbi Immi? He told him, what do you want from Rebbi Immi? He is a dialectician. This means, the Mishnah has precedence over Scripture. The following supports this, as Rebbi Simeon ben Ioḥai stated, one who studies Scripture is a qualification which is not a qualification. But the rabbis consider Scripture equally with the Mishnah. Rebbi Samuel bar Naḥman said, the Mishnah has precedence over the Talmud. What is the reason? Acquire wisdom, acquire understanding, etc. Rebbi Joḥanan said, the Talmud has precedence over the Mishnah. What is the reason? Is acquiring wisdom not better than pure gold? How does Rebbi Joḥanan explain Rebbi Samuel bar Naḥman’s reason? Water is cheap, wine is expensive. It is possible for the world to exist without wine; it is impossible for the world to exist without water. How does Rebbi Samuel bar Naḥman explain Rebbi Joḥanan’s reason? Salt is cheap, pepper is expensive. It is possible for the world to exist without pepper; it is impossible for the world to exist without salt. Always pursue the Mishnah more than the Talmud. That is, before Rebbi incorporated most Mishnaiot into it. But since Rebbi incorporated most Mishnaiot into it, pursue the Talmud more than the Mishnah.

It was stated: The systematizer has precedence over the dialectician. Rebbi Samuel, Rebbi Berekhia’s brother, asked: Even like Rebbi Immi? He told him, what do you want from Rebbi Immi? He is a dialectician. This means, the Mishnah has precedence over Scripture. The following supports this, as Rebbi Simeon ben Ioḥai stated, one who studies Scripture is a qualification which is not a qualification. But the rabbis consider Scripture equally with the Mishnah. Rebbi Samuel bar Naḥman said, the Mishnah has precedence over the Talmud. What is the reason? Acquire wisdom, acquire understanding, etc. Rebbi Joḥanan said, the Talmud has precedence over the Mishnah. What is the reason? Is acquiring wisdom not better than pure gold? How does Rebbi Joḥanan explain Rebbi Samuel bar Naḥman’s reason? Water is cheap, wine is expensive. It is possible for the world to exist without wine; it is impossible for the world to exist without water. How does Rebbi Samuel bar Naḥman explain Rebbi Joḥanan’s reason? Salt is cheap, pepper is expensive. It is possible for the world to exist without pepper; it is impossible for the world to exist without salt. Always pursue the Mishnah more than the Talmud. That is, before Rebbi incorporated most Mishnaiot into it. But since Rebbi incorporated most Mishnaiot into it, pursue the Talmud more than the Mishnah.

Rab asked R. Hiyya : Wherewith do women acquire merit? By sending their children to learn [Torah] in the Synagogue and their husbands to study in the schools of the Rabbis, and waiting for their husbands until they return from the schools of the Rabbis.

Finally Raba came and gave [Bar Hedja] a fee, and said to him : I dreamt of a wall falling. He replied : Thou wilt acquire a boundless estate. He said to him : dreamt that Abbai's house collapsed and its dust covered me. He replied : Abbai will die and his [Office as Principal of the] College will revert to thee. He said to him : I dreamt that my house collapsed and everybody came to take each a brick. He replied : Thy teachings will be scattered throughout the world. He said to him : I dreamt that my head was split open and my brains fell out. He replied : The stuffing will fall out of thy bolster. He said to him : I dreamt that I was made to read the Hallel of Egypt. He replied : Many miracles will happen to thee. [Once Bar Hedja] went with Raba on a boat; he said [to himself]

After all, if the merchants cut it, there would be the despair of owners in their hands, and the change of ownership in the buyer's (lit. our ) hands [and therefore it seems that], We do not need [this solution]! [Rather, Rav Huna was trying to validate] the Hadasim of the merchants themselves. [But are they not able] to acquire it through a change [which takes place through] action [by tying it in the Lulav bundle]?

[But are they not able] to acquire it through a change of name? For earlier, they were "Asa", and now,

R. Zera said: One should not transfer possession of the hoshana to a child on the first day of the Festival. What is the reason? — Because a child is able to acquire possession but not to transfer possession, and it will turn out that he will fulfil his duty with a lulav which is not his.