Bava Basra 085: Acquiring with a borrowed utensil

[Kollel Iyun Hadaf]

x-mailing-list: daf-disc...@shemayisrael.com
(Please include header and footer when redistributing this material.)
_________________________________________________________________

                 THE DAFYOMI DISCUSSION LIST

      brought to you by Kollel Iyun Hadaf of Yerushalayim
             Rosh Kollel: Rabbi Mordecai Kornfeld
                      d...@dafyomi.co.il

 [REPLY TO THIS MESSAGE TO DISCUSS THE DAF WITH THE KOLLEL]
________________________________________________________________

Bava Basra 085: Acquiring with a borrowed utensil

Selim Dushey asked:

Shavua tov,

When the Beraita in Daf 85 talks about the borrowed cup acquiring for the buyer 
when it is full; could this mean when the utensil is still in the seller's hand 
or is it only when the utensil is on the ground and the item is being put in 
the utensil?

In general, when we say the buyer's utensil acquires for him could it ever be 
in a situation when the seller is still holding the utensil with the item in it?

Thank you. Hazak Ubaruch.
Selim Dushey, Brooklyn, NY
----------------------------------------------
The Kollel replies:

Firstly, I apologize for the delay in my reply.

I have not found your question discussed anywhere, but I would say, and I have 
discussed this with Talmidei Chachamim who have agreed with me, that the hand 
of the vendor is the same as his property ,and as such would be subject to the 
query of Rav Sheshes (85b). This is all with the proviso that the purchaser 
actually made a valid Kinyan (act of acquisition) on the cup so that he owns 
the rights to use it, and not that the vendor has merely given hin permission, 
which would not be sufficient. The same applies to vessels that already belong 
to the purchaser.

Dov Freeedman


>>><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><<<
The *D*AFYOMI *A*DVANCEMENT *F*ORUM, brought to you by Kollel Iyun Hadaf

Write to us at d...@dafyomi.co.il or visit us at http://www.dafyomi.co.il
Fax(US): (206) 2020-DAF; Fax(Isr): (02) 591-6024; Tel(Isr): (02) 651-5004 


_______________________________________________
Daf-discuss mailing list
Daf-discuss@shemayisrael.co.il
http://shemayisrael.co.il/mailman/listinfo/daf-discuss_shemayisrael.co.il