Mishnah
Mishnah

Reference for Bava Batra 5:7

הַמּוֹכֵר פֵּרוֹת לַחֲבֵרוֹ, מָשַׁךְ וְלֹא מָדַד, קָנָה. מָדַד וְלֹא מָשַׁךְ, לֹא קָנָה. אִם הָיָה פִקֵּחַ, שׂוֹכֵר אֶת מְקוֹמָן. הַלּוֹקֵחַ פִּשְׁתָּן מֵחֲבֵרוֹ, הֲרֵי זֶה לֹא קָנָה עַד שֶׁיְּטַלְטְלֶנּוּ מִמָּקוֹם לְמָקוֹם. וְאִם הָיָה בִמְחֻבָּר לַקַּרְקַע וְתָלַשׁ כָּל שֶׁהוּא, קָנָה:

One who sells fruits to his neighbor — If he pulled and did not measure, he acquires. [If he pulled from the public domain to an alley or in their common courtyard, he acquires. But pulling in the public domain itself does not effect acquisition. ("even if he did not measure":) As when he stipulated beforehand: "so much produce for so much money." But if he did not do so, even if he measured and pulled he does not acquire, not relying on it. For the seller can ask as much as he wishes, and the buyer can say: "I will buy it only cheap."] If he [the buyer] measured [for the seller in the public domain, even in the vessels of the buyer], and he (the buyer) did not pull, he does not acquire. [For a man's vessels do not acquire for him in the public domain. And if the buyer himself measured, even in the public domain, he acquires with lifting.] If he [the buyer] were shrewd, he rents its place [if it were in the owner's domain, and its place acquires for him. (We are speaking of heavy loads, which are not generally lifted, for which reason he acquires with pulling.)] One who buys flax from his neighbor does not acquire until he moves it from place to place. [That is, (he acquires it) with lifting. And it ("moving") is stated incidentally. For one who lifts something generally moves it from place to place.] And if it were attached to the ground, and he tore somewhat, he acquires. [The Gemara construes this as an instance of the seller's telling the buyer: "Go and improve some ground for me and acquire all that is on it." For since he hired him to do some work on his ground, when he does some work, he acquires his hire, and he also acquires whatever he wished to bequeath him with the hire. Therefore, if he tears somewhat, he acquires.]

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