Sunday 9 April 2017

Bava Batra 77: Buying For Another - Required Documents; Animals and their Yokes

The Gemara continues with a discussion about which documents are required in the sale of property.  suggests that two different types of documents exist for this purpose.  The first is stated in the name of Rav: first a person acquires a field on behalf of another, and then a document is signed.  Once the field has been acquired, the document can be disputed by the acquisition of land cannot be disputed.  

The second is when a person takes possession of land on behalf of another but on the condition that one writes a document.  In that case, the buyer can renege on both the acquisition and the document regarding the acquisition.  It is said that Rabbi Huna added a third option: if the seller writes the document in advance of the purchase.  The Gemara compares tho to other situations where movable property is involved. 

A new Mishna teaches that the sale of a wagon does not include the mules and the sale of mules does not include a wagon.  The sale of a yoke does not include the oxen nor does the sale of oxen include a yoke.  Rabbi Yehuda suggests that the amount of money is proof of what was sold.  For example, a yoke is not sold for 200 dinars and so that sale must have included the oxen.  The rabbis disagree.

Cases are discussed to illustrate their positions.  The first of these describes a sale that included the wagon but this was because the animals were attached to the wagon.  In general, however, mules are considered to be separate entities from a wagon and thus they are not included in a sale unless specified.  

The second case notes that in some communities, tzimda refers to a yoke and bakar refers to oxen.  In other communities, tzimda refers to both the yoke and the oxen together.  Thus we cannot assume that  animals and yokes are sold separately or together.  

The rabbis disagree with Rabbi Yehuda when he states that money can prove what has been purchased.  However, they agree that a person who buys a yoke for 200 dinars is entitled to have his purchase nullified.  

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