Un gros animal est acquis par «remise» (mesirah) [Le propriétaire le remet à l'acheteur par rêne ou par ses poils], et un petit animal est acquis par levage. [et non en tirant.] Ce sont les paroles de R. Meir et R. Eliezer. Les sages disent: Un petit animal s'acquiert en tirant. [Et même s'il peut être soulevé, il s'acquiert quand même en tirant, car il "s'accroche" toujours au sol avec ses griffes. La halakha: Un gros et un petit animal s'acquièrent en tirant et, il va sans dire, en soulevant. Acquisition d'effets tirés dans une simta, un coin dans un domaine public et dans un domaine partagé. Mesirah effectue l'acquisition dans un domaine public et dans un domaine non partagé. Acquisition d'effets de levage dans tous les domaines. Tous les animaux qui sont habituellement acquis par levage ne sont pas acquis autrement. Ce qui est acquis par mesirah ne s'acquiert pas en tirant. De même, ce qui est acquis en tirant n'est pas acquis par mesirah.]
Bartenura on Mishnah Kiddushin
במסירה – the owners transfer it to the purchaser by a bit or by its hair.
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English Explanation of Mishnah Kiddushin
Introduction
Today’s mishnah teaches how large animals such as cows and oxen, and small animals such as sheep and goats are acquired. We should note that money does not acquire animals, nor does it acquire any other movable property. According to mishnaic law a person must actually come into contact with the animal in order to acquire it. We should note that while this may have worked for the small agricultural communities of Palestine in antiquity it became very difficult by and perhaps long before the Middle Ages. By that time Jews were heavily involved in international trade and could not possibly physically handle every commodity that they acquired. Hence alternative legal means were worked out whereby money could be used to acquire legal rights to movable commodities.
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Bartenura on Mishnah Kiddushin
בהגבהה – but not by taking possession by drawing towards one’s self the object to be acquired
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English Explanation of Mishnah Kiddushin
Large animals are acquired by being handed over and small animals by lifting, the words of Rabbi Meir and Rabbi Elazar. The sages say: small animals are acquired by being led. According to Rabbi Meir and Rabbi Elazar large animals are acquired by being “handed over” from their owner to the purchaser. This would entail the purchaser taking hole of the reins, saddle or even hair of the animal. Small animals, however, may be lifted and therefore they are acquired only through lifting. They are not acquired by being handed over or by being led. The sages disagree with regard to the acquisition of small animals. Despite the fact that they can be lifted, it is still difficult to do so. Therefore they are acquired by being led. Since goats and sheep do not have reins they are led by being pushed or directed by voice commands.
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Bartenura on Mishnah Kiddushin
נקנית במשיכה – and even though that it is possible [to be acquired] by lifting, nevertheless, it is acquired by “pulling” (i.e., drawing towards oneself the object to be acquired), because it clutches [the ground], for she becomes strong with her nails by grasping through the ground. And the Halakhic decision is that whether [we are speaking of] a small animal or a large animal, it is acquired by “pulling” and all the more so by lifting up, for “pulling” acquires in a market-stand/alley adjoining an open place to which merchants retire to transact business, which is the corner of the public domain, or in the courtyard of both of them (i.e., the seller and the purchaser). But “pulling” purchases in the public domain or in a courtyard that does not [belong] to them both. And “lifting” acquires in any place. And all that it is customary [to acquire] through “lifting” is not acquired other than through lifting. And Something that is acquired by transferring is not acquired by pulling. And similarly, a thing that is acquired by “pulling” is not acquired by transferring.
