Kiddushin

be given to Joshua,1 and its place [where it is lying] be rented to him; and the other tenth which I am to measure out be given to Akiba b. Joseph, that he shall acquire it on behalf of the poor,2 and its place be rented to him’.3 This proves that they must be heaped up thereon.4 — [No:] there it was different, for he did not wish to give them trouble.5 Come and hear: For Raba b. Isaac said in Rab's name: There are two [different kinds of] deeds. [Thus: If a man declares,] ‘Acquire a title to this field on behalf of So-and-so, and indite a deed for him,’6 he can retract from the deed7 but not from the field. [But if he stipulates,] ‘on condition that you indite a deed for him,’ he can retract from both the deed and the field.8 R. Hiyya b. Abin said in R. Huna's name: There are three [kinds of] deeds. Two, as just stated. The third: If the vendor anticipates [payment] and indites a deed for him [the vendee], in accordance with what we learnt: A deed may be written for the vendor9 even though the vendee is not with him,10 then as soon as he takes possession of the land, the deed is vested [in the vendee] wherever it is.11 This proves that they need not be heaped up thereon!12 — A deed is different, as it is the bit of the land.13 But thereon it was taught: This is [an example of] what we learnt, PROPERTY WHICH DOES NOT PROVIDE SECURITY MAY BE ACQUIRED IN CONJUNCTION WITH PROPERTY WHICH PROVIDES SECURITY BY MONEY, BY DEED OR BY HAZAKAH. This proves that they need not be heaped up thereon! This proves it. The scholars propounded: Is ‘by dint’ [thereof] necessary or not?14 — Come and hear: For all these [cases] are taught,15 and yet ‘by dint of is not mentioned. And on your view; is ‘Let him acquire it’ taught?16 But it must mean, only when he says: ‘Acquire it’; then here too, [it may mean] only when he says: ‘By dint of.’17 Now, the law is: they need not be heaped thereon, whereas ‘Acquire it,’ and ‘By dint of are essential. The scholars propounded: What if the field is sold and the movables are gifted?18 — Come and hear: ‘The tenth which I am to measure out to be given to Joshua and its place be rented to him.’ This proves it.19 The scholars propounded: What if the field [is transferred] to one person, and the movables to another?20 — Come and hear: ‘A tenth which I am to measure out be given to Akiba b. Joseph, that he shall acquire it on behalf of the poor, and its place be rented to him.’21 [This does not solve it:] What is meant by ‘rented’? Rented for the tithe.22 Alternatively, R. Akiba was different, for he was the hand of the poor.23 Raba said: This was taught24 only if he [the purchaser] had paid the money for them all. But if he had not paid the money for them all, he acquires only to the extent of his money. It was taught in agreement with Raba. The power of money is superior to that of a deed, and the power of a deed is superior to that of money. The power of money is superior [etc.], in that hekdesh25 and the second tithe26 are redeemed therewith, which is not so in the case of deed.27 And the power of a deed is superior, for a deed can free an Israelite daughter,28 which does not hold good of money. And the power of both is superior to that of hazakah, and the power of hazakah is superior to that of both. The power of both is superior [etc.], in that both give a title to a Hebrew slave, which is not so in the case of hazakah. And the power of hazakah is superior to that of both: For with hazakah, if A sells B ten fields [situate] in ten countries, as soon as B takes possession 29 of one, he acquires all. Akiba was the charity overseer. before leaving home, nor had he authorized his household to do so, and he was afraid that they might eat thereof before his return. Tosaf.: It was the time when all tithes had to be given up (likewise at the end of the third and the sixth years: though the tithes were separated before, they might be kept in the house of the Israelite until then), and R. Gamaliel chose this way of giving it. In that case it would appear that the tithes had already been separated, but the phrase, ‘which I am to measure out’ suggests otherwise; v. Rashal and Maharsha. v. B.M. (Sonc. ed.) p. 62 and notes. place to them, he might have wanted the spot where they were lying. mere attesting of such a deed causing the transfer. is evidence. But other movables, valuable in themselves, possibly need not be heaped up on the land. blemish, or any object consecrated for Temple use.