Related%20passage for Kiddushin 1:5
נְכָסִים שֶׁיֵּשׁ לָהֶם אַחֲרָיוּת נִקְנִין בְּכֶסֶף וּבִשְׁטָר וּבַחֲזָקָה. וְשֶׁאֵין לָהֶם אַחֲרָיוּת, אֵין נִקְנִין אֶלָּא בִמְשִׁיכָה. נְכָסִים שֶׁאֵין לָהֶם אַחֲרָיוּת, נִקְנִין עִם נְכָסִים שֶׁיֵּשׁ לָהֶם אַחֲרָיוּת, בְּכֶסֶף וּבִשְׁטָר וּבַחֲזָקָה. וְזוֹקְקִין נְכָסִים שֶׁאֵין לָהֶם אַחֲרָיוּת אֶת הַנְּכָסִים שֶׁיֵּשׁ לָהֶם אַחֲרָיוּת לִשָּׁבַע עֲלֵיהֶן:
Bound property [(nechasim sheyesh lahem achrayuth) [i.e., land. One who lends another money depending upon it (for repayment) in that it is always present and intact. "achrayuth" denotes "chozer" ("following after"), i.e., the creditor "follows after" it and seizes it from the buyer when the debtor has nothing else] — (Bound property) is acquired by money, [viz. (Jeremiah 32:44): "They shall buy fields for money." This, where it is not the custom to write a deed; but where it is the custom, he does not acquire it until he writes a deed.], by writ, [writing on paper or on a shard: "My field is given to you," "My field is acquired by you," and giving it (the deed) to the buyer. And it is only when the land is given as a gift that it is acquired by a deed; but when it is sold, it is not acquired until the money is given (unless it is sold because of its poor condition, in which instance it is acquired by writ alone.) And whence is it derived that land is acquired by writ? From (Jeremiah 32:44): "And they shall write it in a deed and seal it."], and by chazakah, [such as by digging a little in the land, or fencing, or breaching somewhat in the presence of the seller. If not in his presence, he must say to him: "Go chazek (perform an act of chazakah) and acquire it." And whence is it derived that land is acquired by chazakah? From (Deuteronomy 11:31): "And you shall inherit it, and you shall dwell in it." How will you inherit it? By dwelling in it.] And unbound property is acquired only by meshichah ("drawing forth"), [it being written (Leviticus 25:14): "or acquire from the hand of your fellow." What may be transferred from hand to hand is acquired only by such transference.] Unbound property is acquired together with bound property, (which is acquired by) money, writ, or chazakah. [If he sold movable objects together with the land, when the buyer acquires the land by one of these three means of acquisition, those objects are acquired with it. This, on condition that the seller say to the buyer: "Acquire these together with the land." This is derived from (II Chronicles 21:3): "And their father gave them many gifts (consisting) of silver, and gold, and precious things together with fortified cities."] And unbound property links bound property to be subject to an oath. [Even though land is not subject to an oath — where movable objects and land are claimed, and he is obliged to swear vis-à-vis the first, the oath thereon links the land for a gilgul shevuah [a "rolled-on" oath]. Gilgul shevuah is derived from what is written in respect to sotah (a woman suspected of adultery), viz. (Numbers 5:22): "And the woman shall say: 'Amen, Amen'" — Amen (to the oath: "I have not become unclean") relative to this man (the suspected adulterer); Amen, relative to any other man; Amen, that I did not go astray when I was betrothed; Amen, that I did not go astray when I was married, awaiting yibum, or taken in yibum.]
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