Friday, November 13, 2009

Bava Batra 84 – Buying a Pile of Produce

Suppose one sells produce to his fellow at an agreed-upon price. In that case, the seller agrees to sell a pile of produce to the buyer at such-and-such price per measure, and the buyer agrees to take it all and pay whatever the total comes to if the buyer pulls the produce to himself, even though he did not measure it; he acquired it. Since the price has been agreed upon, the measurement serves only to calculate the total amount of money owed.

If he only measured it, he did not acquire it. However, this refers only to the seller. If the buyer measured it, his act of measurement would constitute lifting, the best possible way of formalizing acquisition, in which case he would have acquired it even without pulling it to himself.

Art: The Threshing of the Grain by Carl Larsson

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