POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Bava Basra 85
BAVA BASRA 82-85 - Sponsored by a generous grant from an anonymous donor.
Kollel Iyun Hadaf is indebted to him for his encouragement and support and
prays that Hashem will repay him in kind.
1) WHERE CAN VESSELS ACQUIRE?
(a) (Rav and Shmuel): The buyer's vessels acquire for him
everywhere, except for in a public domain;
(b) (R. Yochanan and Reish Lakish): They acquire even in a
(c) (Rav Papa): They do not argue: Rav and Shmuel refer to a
proper public domain, R. Yochanan and Reish Lakish refer
to a Simta.
(d) Question: If they meant a Simta, why did they call it a
(e) Answer: Because it is not a private domain.
(f) Support (R. Avahu citing R. Yochanan): The buyer's
vessels acquire anywhere he is allowed to place them.
1. They do not acquire where he is not allowed to place
them, i.e. a public domain.
(g) Question (Beraisa): There are four laws regarding a sale:
before the measure is full, the merchandise belongs to
the seller; (this is relevant in case it will spill, the
price will change, or one of them wants to retract);
1. After the measure is full, it belongs to the buyer;
2. This is when the measuring vessel belongs to someone
else (and was lent to them);
i. If it belongs to one of them, the buyer
acquires every amount as it enters the vessel.
3. This is in a public domain or a Chatzer that does
not belong to either of them;
i. In the seller's premises, he does not acquire
until he does Hagbahah or takes it out of the
4. Summation of question: It says, in a public domain
or a Chatzer that does not belong to either of them
(the buyer acquires if one of them owns the vessel)!
ii. In the buyer's premises, he acquires as soon as
the seller agrees to sell.
iii. In the premises of Levi (by whom the
merchandise was deposited), he does not acquire
until Levi agrees that the buyer may use the
premises to acquire, or rents the premises to
2) THE BUYER'S VESSELS IN THE SELLER'S PREMISES
5. Suggestion: The Beraisa refers to a proper public
(h) Answer: No, it refers to a Simta.
(i) Question: But right after this it mentions a Chatzer that
does not belong to either of them, presumably the same is
true of the public domain (but in a Simta, each has the
right to use it)!
(j) Answer: The Beraisa means, a domain that does not belong
exclusively to either of them, rather it is their joint
(a) Question (Rav Sheshes): Does a buyer acquire with his
vessels in the seller's premises?
(b) Answer #1 (Rav Huna - Mishnah): A man threw a Get into
his wife's garment or basket (in his premises) - she is
(c) Question (Rav Nachman): Why did Rav Huna answer from that
Mishnah - many Chachamim rejected that proof!
(d) Rejection #1 (Rav Yehudah): The case is, the basket was
hanging on her (it is not in his domain).
(e) Rejection #2 (Reish Lakish): Even if the basket was tied
to her but dragging on the ground (she is divorced).
(f) Rejection #3 (Rav Ada bar Ahavah): The case is, the
basket was between her legs (he allows her to use the
place between her legs).
(g) Rejection #4 (Rav Mesharshiya brei d'R. Ami): The case
is, he sells baskets (therefore, he allows her to use
place of the basket).
(h) Rejection #5 (R. Yochanan): A man allows his wife to use
the place of her garment and basket.
(i) Answer #2 (Rav Nachman - Beraisa): In the seller's
premises, he does not acquire until he does Hagbahah or
takes it out of the premises.
1. Suggestion: This is even if the vessel belongs to
(j) Rejection: No, it is only when the seller owns it.
(k) Question: If that case refers to the seller's vessel,
also the next case!
1. (Beraisa): In the buyer's premises, he acquires as
soon as the seller agrees to sell.
(l) Answer: That refers to the buyer's vessel.
2. Why should he acquire in the seller's vessel?!
(m) Question: Why does the Beraisa assume (in the first
clause) that they use the seller's vessel, and in the
second clause, it is the buyer's vessel?
(n) Answer: The seller's vessels are more common in the
seller's premises. the buyer's vessels are more common in
the buyer's premises.