Sunday, November 15, 2009

Bava Batra 85 – One's Container Formalizes Acquisition

Rav and Shmuel both said, "A person's container can formalize acquisition for him in any place – except in the public domain." Rabbi Yochanan and Resh Lakish both said, "Even in the public domain."

A person's
container can act as his courtyard to acquire items placed in it, provided that the container is placed in a domain where the owner has the right to place it. Thus, a buyer can acquire items in the seller's domain by placing them in his container, provided that the seller gives him the right to place the container there. One can also place containers in the public domain—but not keep them there permanently.

However, they don't argue. The first ruling concerns a public thoroughfare, and the second concerns the quiet, recessed area of the public domain, to which people step to discuss business.

Art: The Grain Sifters by Gustave Courbet


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