Bava Kamma 12B

Study Bava Kamma folio 12B with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.

Text Excerpt

הא קיימא לן דלא בעינן צבורין!

Don’t we maintain that the halakha is that we do not need movable property to be piled up upon the land one acquires in order to acquire the movable property together with it?

אלא מאי אית לך למימר ⁠– שאני מטלטלי דניידי ממטלטלי דלא ניידי;

Rather, what have you to say? Perforce, movable property that moves around by itself, such as slaves, is different from movable property that does not move around by itself, i.e., inanimate objects. The halakha that movable property does not need to be piled up upon the land applies only to the latter. Accordingly, in order to acquire slaves together with land, they must be standing within its borders.

הכא נמי, שאני מקרקעי דניידי ממקרקעי דלא ניידי. עבדא ⁠– מקרקעי דניידי הוא, התם ⁠– סדנא דארעא חד הוא.

Given this distinction, one can say that here, also, an entity legally classified as land that moves around, such as a slave, is different from land that does not move around. Accordingly, a slave, which is classified as land that moves around, is not included in Shmuel’s ruling, as in his ruling there, he refers only to acquiring multiple plots of land, which is possible only because the crust [sadna] of the earth is one block, and therefore each field is really only one part of a bigger whole. This rationale does not permit acquiring land and slaves together, as a slave is not attached to the earth and is separate from the land.

נכסים שאין בהן מעילה וכו׳.

§ The Mishnah teaches: One is liable only with regard to damage caused to property for which, were he to use it for a non-sacred purpose, he would not be liable for the misuse of consecrated property.

Text data via Sefaria: William Davidson Edition - English and William Davidson Edition - Vocalized Aramaic, CC-BY-NC; edition provenance: Koren. Display terminology has been modernized for readability.