Bava Metzia - Daf 8
- המגביה מציאה לחבירו \ מגו דזכי לנפשיה זכי נמי לחבריה
Rami bar Chama said: זאת אומרת – This Mishnah teaches that המגביה מציאה לחבירו – if one lifts a found item to acquire it (solely) for his fellow, קנה חבירו – his fellow acquires it. For if not, then if two people picked up a cloak simultaneously to acquire it, תיעשה זו כמי שמונחת על גבי קרקע – let this end be considered as if it is lying on the ground (since the other person is not actually acquiring it), and the same should be for the other end, so no one would acquire it!? Rather, it must be that each party lifted it so both should acquire it, and such an acquisition is effective, so the entire cloak is lifted and acquired for both. Rava argues that even if one cannot acquire something for another person, here is different: מגו דזכי לנפשיה – since he is acquiring for himself, זכי נמי לחבריה – he acquires for his fellow as well. Since the kinyan is effective for himself, it is also effective for his fellow. Rava proves this principle from the fact that if a shaliach steals on someone’s behalf, the sender is exempt, yet if he steals for himself and his partner, they are both liable.
- רכוב ומנהיג
Rav Yehudah reported having heard two rulings from Shmuel regarding רכוב – one riding an animal and מנהיג – one leading an animal, that one acquires and one does not, but did not recall which. The Gemara explains: רכוב במקום מנהיג איבעיא ליה – he was uncertain if a rider acquires in the presence of a leader: is the rider’s kinyan superior, דהא תפיס בה – because he is holding it, or is the leader’s kinyan superior, דאזלא מחמתיה – because [the animal] moves because of him? Rav Yehudah resolved this question from a Mishnah: המנהיג סופג את הארבעים – one who leads an ox and donkey together receives forty lashes for kilayim, והיושב בקרון סופג את הארבעים – and one who sits in a wagon attached to kilayim receives forty lashes. Rebbe Meir exempts one who sits in a wagon as an insignificant action. Shmuel reversed the opinions, because he considered the second opinion the halachah. Since he considers sitting in a wagon insignificant, he would hold the same about a rider, and would hold that a rider does not acquire at all, even alone, and certainly against a leader.
- Acquiring with a מוסירה – bridle
Rav Yosef related the above discussion to Abaye. He added that he recalled asking Rav Yehudah how he can derive the law of a rider from the law of one sitting in a wagon: יושב לא תפיס במוסירה – one sitting in a wagon does not hold the animal’s bridle; רכוב תפיס במוסירה – one riding an animal does hold its bridle, and perhaps acquires it by holding the bridle!? Rav Yehudah responded that Rav and Shmuel both said that holding a bridle does not acquire an animal (of hefker), as Rav Huna also said: מוסירה מחבירו קנה – if one holds a bridle when acquiring from his fellow, he acquires it, במציאה ובנכסי הגר לא קני – but when acquiring a found [animal] or the possessions of a convert who died without heirs, he does not acquire it. Iddi explained the meaning of the word "מוסירה": כאדם המוסר דבר לחבירו – like a person who transfers something to his fellow. This explains Rav Huna’s distinction, because although one acquires an animal from his fellow by receiving its bridle, דקא מסר ליה חבריה – because his fellow transfers it to him, but regarding acquiring hefker with a bridle, מאן קא מסר ליה דליקני – who transfers it to him that he can acquire it?
