Masechet Bava Batra 87a-b: When is a קנין משיכה effective?

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Date:
April 18 2017
Length:
58min 31s
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Series: Daf Yomi

Venue: Jerusalem Jerusalem

Gemara:
Bava Batra 
Halacha:
Choshen Mishpat,  Nezikin 

Collections: R' Berzon Daf Yomi Bava Basra

References: Bava Batra: 87a ,  Bava Batra: 87b  

Description

The sugya in Masechet Bava Batra 87a-b quotes an entire school of Amoraim who establish a new answer to the old question: when is a קנין משיכה effective? These claim that this Kinyan is 'fallback' Kinyan & is only effective if and when the 'super' Kinyan cannot be implemented. What is the super Kinyan? הגבהה, i.e. lifting the object off the ground. Note: we are discussing movable objects. The second half of our shiur will be dedicated to the issue of defining the scope of a sale. The seller offered a particular volume at a certain price. Do we define this transaction as a single individual sale on the entire volume (=amount), or do we see each fraction of this volume as a separate kinyan & pro-rate the volume?

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    Learning on the Marcos and Adina Katz YUTorah site is sponsored today by Nechama and Elliot Rosner in memory of their dear father, Irwin Rosner and by Barbie and Ira Taub to commemorate the yahrzeit of Paul Taub, Pesach Ben Yisroel Tzvi Hirsch and by Dr. Harris and Elisheva Teitz Goldstein l’zecher nishmos his parents, Rabbi Dr. Noah Goldstein, HaRav Noach ben Yitzchak David zt’l, and Beverly Goldstein, Bayla bas Noach Ze’ev z’l, on their yahrzeits this week.