Wednesday, October 14, 2009

Bava Batra 54 – Acquiring Land by Lying Down on It (Civil)

Said Rav Amram, "The following ruling was told to us by Rav Sheshet, and he enlightened our eyes by adducing proof of it."

The rule

A convert is like a new-born child: he has severed connection with his old family, and if he has not created a new one yet, he has no inheritors. One who spreads out mats on the ownerless land of a deceased convert and lies down upon them has acquired the land.

Proof

One can acquire a Canaanite slave using a propriety act, such as having the slave put on a shoe for him, remove his shoe, or lift him. We see that supporting the weight is a propriety act – and so it is with the land: spreading the mats and lying down on it constitutes a proprietary act. Compare this to a slave woman.

Art: Offering Baby a Rose by James Goodwin Clonney

No comments: