Bava Batra 77a (עז.) — the Talmud in English

Ameimar said: The halakha is -

“letters” are acquired through delivery

without a document,

in accordance with

the opinion of

Rabbi.

He said;

he asked

Rav Ashi of Ameimar:

This matter, that you ruled the halakha in accordance with Rabbi’s opinion,

is Gemara,

it is a received tradition from your teachers to rule in accordance with him, even though the majority disagreed with him; but you have no proof based on reasoning that the halakha follows Rabbi’s opinion. 13.]

Or

perhaps

you have a rationale

for ruling in accordance with Rabbi’s opinion?

He said to him

Ameimar said to Rav Ashi: I do not rule in accordance with his opinion based on reasoning; rather,

it is Gemara,

I received this from my teachers.

Rav Ashi said: There is also a rationale

that a document of acquisition is of no benefit whatsoever in the acquisition of a promissory note,

as

the sale of

“letters”

is not an actual sale of property; rather,

they are merely words,

he is selling him words.

And

therefore, delivery of the document, which is a physical act, is effective for acquiring the document.

But a document of acquisition, which itself is not a physical act but merely “words”—mere statements—is not effective, because

“words”—

the promissory note—

through “words” \-

a document of acquisition

cannot effect an acquisition.

And we raise the objection:

Is that so!?

Do we not acquire words through words?!

a. A document is written concerning the acquisition of land, both for the purpose of acquiring the land—for land is acquired through money, a document, or possession [Kiddushin 27a]—and for the purpose of providing evidence, so that he can prove that he acquired the land. Even if the land was acquired through money, possession, or a kinyan sudar, there is value in writing a document as evidence.

b. In any matter that is beneficial to a person, it is possible to acquire it on his behalf even in his absence and without his knowledge.

And

then

Rabba bar Yitzḥak said that Rav said: There are two types of documents,

there are two distinct laws that can be stated with regard to a document: a. If one said to two men :

Acquire this field

for

so-and-so,

through a kinyan sudar,

and write the document for him,

merely as evidence, and they acquired the field on his behalf, but they have not yet delivered the document to him.

He retracts;

the giver can retract

with regard to the document,

from what he said about giving the recipient a document,

but he does not retract

from it

with regard to the field,

from transferring ownership of the field.

For they have already acquired the field on behalf of the recipient, and the acquisition cannot be retroactively nullified. But he can retract and say: “Do not write the document, for I do not want him to have evidence of the transfer of ownership of the field.” Even if the giver explicitly said, “Write and give it,” he is permitted to revoke their agency, and a document is not prepared against the will of the giver.

b. If one said to two men: Acquire this field for so-and-so

on the condition that you write the document for him

as evidence, he

retracts

from it

both with regard to the document

and

with regard to the field.

Even if they have already acquired the field on his behalf, as long as they have not delivered the document to him, he can retract from everything, for he appointed them agents to acquire the field only together with the document ;

and he has retracted with regard to the document, so that if the purchaser does not receive the document, he does not acquire the field either.

These are the words of Rabba bar Yitzḥak in the name of Rav.

And Rav Ḥiyya bar Avin said

in the name of

Rav Huna: There are three types of documents,

there are three distinct laws that can be stated with regard to a document:

Two

of the three

are the matter we stated,

what Rabba bar Yitzḥak said in the name of Rav.

c.

The other: If the seller preceded and wrote

for the purchaser

the document,

before the purchaser had time to acquire the land through money or possession.