Kiddushin

Alternatively, [this refers] to bundles of faggots.1 MISHNAH. PROPERTY WHICH OFFERS SECURITY2 IS ACQUIRED BY MONEY, BY DEED OR BY HAZAKAH. [PROPERTY] WHICH DOES NOT OFFER SECURITY3 CAN BE ACQUIRED ONLY BY MESHIKAH. PROPERTY WHICH DOES NOT OFFER SECURITY MAY BE ACQUIRED IN CONJUNCTION WITH PROPERTY WHICH PROVIDES SECURITY BY MONEY, DEED, OR HAZAKAH;4 AND IT OBLIGATES THE PROPERTY WHICH PROVIDES SECURITY, TO TAKE AN OATH CONCERNING THEM.5 GEMARA. BY MONEY: Whence do we know it? — Said Hezekiah: Scripture saith, men shall acquire fields with money.6 Yet perhaps [the purchase is invalid] unless there is a deed [too], since it continues, and subscribe the deeds, and attest them? — Were ‘acquire’ written at the end, it would be as you say; now, however, that ‘acquire’ is written at the beginning,7 money gives a title, while the deed is merely evidence.8 Rab said: This was taught only of a place where a deed is not indited; but where it is, money alone gives no title. Yet if he [the vendee] distinctly stipulates,9 it is so.10 E.g., when R. Idi b. Abin bought land he used to say: ‘If I wish, I acquire it by money; if I wish, I acquire it by deed.’ [Thus:] ‘If I wish, I acquire it by money,’ so that should you desire to retract [after I have paid], you cannot. ‘And if I wish, I acquire it by deed,’ so that should I desire to withdraw, 11 I can. AND BY DEED. How do we know it? Shall we say, because it is written, and subscribe the deeds, and attest them, and call witnesses12 — but you have said that the deed is merely evidence? — But from this verse, so I took the deed of purchase.13 Samuel said: This was taught only of a deed of gift. But in the case of sale, no title is obtained until the money is paid.14 R. Hamnuna objected: By deed: E.g., if he [the vendor] writes for him [the vendee] on paper or a shard,15 even if worth less than a perutah. ‘My field is sold unto you,’ ‘my field is given unto you,’ it is sold and gifted!16 — He raised the objection. and he answered it: This refers to one who sells his field because of its poor quality.17 R. Ashi said: He really wished to present it to him as a gift; why then did he indite it with the phraseology of purchase? In order to strengthen his rights therein.18 AND BY HAZAKAH. How do we know it? — Said Hezekiah: Scripture saith, and dwell in the cities that ye have taken:19 how did ye take it? By dwelling therein.20 The School of R. Ishmael taught: And ye shall possess it, and dwell therein:21 whereby shall ye possess it? By dwelling therein. PROPERTY WHICH DOES NOT PROVIDE SECURITY CAN BE ACQUIRED ONLY BY MESHIKAH. Whence do we know it? — Because it is written, and if thou sell aught unto thy neighbour, or buy of thy neighbour's hand,22 [intimating] that an article is acquired [by passing] from hand to hand.23 But according to R. Johanan, who maintained, By Biblical law, money gives a title,24 what can be said? — The Tanna teaches the Rabbinical enactment. 25 PROPERTY WHICH DOES NOT PROVIDE SECURITY [etc.]. How do we know it? — Said Hezekiah, Because Scripture saith, And their father gave them gifts . . . with fenced cities in Judah.26 The scholars propounded: Need they [the movables] be heaped up [upon the land] or not?27 — Said R. Joseph, Come and hear: R. Akiba said: Land, whatever its size, is liable to pe'ah28 and first fruits,29 it. movables automatically become his. — Hazakah, lit., ‘taking possession,’ e.g., if the vendee performs some small labour therein, such as digging, threshing, closing or making a gap in its fences. an oath is taken for the latter, it is taken for the former too. advantage.] may not withdraw. from him. Hence it is literally meant: it is both sold and gifted. the vendee, even before he takes possession, and a fire break out on the vendor's premises where the goods lie, he will not trouble to save them. V. B.M. 47b. estate.