Bava Basra - Daf 85
- A person’s כלי cannot acquire in רשות הרבים, but can in a סימטא
Rav and Shmuel say: כליו של אדם קונה לו בכל מקום – a person’s utensil can acquire for him anywhere, חוץ מרשות הרבים – except in the public domain, because he has no right to place it there. Rebbe Yochanan and Reish Lakish say: אפילו ברשות הרבים – it acquires for him even in a public domain. Rav Pappa said there is no disagreement: Rebbe Yochanan and Reish Lakish are discussing a סימטא (the side of רשות הרבים), and they called it a רשות הרבים because it is not a private domain. This interpretation is supported by the fact that Rebbe Yochanan said that a person’s כלי acquires for him בכל מקום שיש לו רשות להניחו – anywhere he has the right to place it, implying that where he does not have a right to place it, such as רשות הרבים, his כלי would not acquire.
- ארבע מדות במוכרין re: using כלים for acquiring
A Baraisa states: ארבע מדות במוכרין – there are four laws of sales regarding using utensils for acquiring. (1) Regarding a מדה – measuring utensil which does not belong to the buyer or seller, but to a third party lent for their use, it is considered the seller’s as long as it was not filled (and does not acquire for the buyer); משנתמלאה מדה ללוקח – once it is filled, it is considered the buyer’s and acquires the produce for him. (2) If the מדה belonged to one of them, ראשון ראשון קנה – [that owner] acquires each bit as it is put into the מדה (if it is the seller’s, he keeps the produce even after the מדה is filled; if it is the buyer’s, he acquires each bit as it is put in). This is only in רשות הרבים, or a chatzeir שאינה של שניהם – not the property of either of them. (3) In the seller’s domain, לא קנה עד שיגביהנה או עד שיוציאנה מרשותו – he does not acquire until he lifts it or takes it out of [the seller’s] domain. (4) In the buyer’s domain, כיון שקבל עליו מוכר קנה לוקח – as soon as the seller agreed to sell, the buyer acquires it. The Baraisa concludes that if the produce was deposited with a third party, the buyer only acquires it after borrowing or renting the place where the produce is. This is part of the third category.
- כליו של לוקח ברשות מוכר
Rav Sheishess asked Rav Huna: כליו של לוקח ברשות מוכר – regarding the utensil of the buyer in the seller’s domain, קנה לוקח או לא – does the buyer acquire produce placed in it, or not? A proof is suggested from the above Baraisa, which taught (in the third category) that in the seller’s domain, the produce is not acquired until the buyer lifts it or takes it out of the seller’s domain. The Gemara assumes the case includes where the produce was put into the buyer’s כלי, yet it still does not acquire in the seller’s domain!? The Gemara answers that the case can be with the seller’s כלי. The Gemara objects that if so, the סיפא (the fourth category) which teaches that a sale in the buyer’s domain is acquired immediately, also presumably refers to the seller’s כלי. But if we say that a buyer’s כלי acquires even in the seller’s domain, then we consider the כלי as the produce’s primary location, not the domain under it. If so, then here too the buyer’s domain should not acquire produce which is inside the seller’s כלי!? The Gemara answers that here, the produce is in the buyer’s כלי, because each category discusses the common occurrence of using the כלי belonging to the domain’s owner.
