Bava Batra 77a — the Talmud in English

Ameimar said: The halakha is -

“letters” are acquired through delivery

without a deed,

in accordance with

the words of

Rabbi.

He said,

he asked

Rav Ashi of Ameimar:

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

a tradition

received from your teachers is it, to rule like him even though many disagree with him, but you have no ability to prove Rabbi’s view through reasoning?

Or

perhaps

reasoning

do you possess, to rule in accordance with Rabbi’s view?

He said to him,

Ameimar to Rav Ashi: I am not ruling like him on the basis of reasoning, but rather

a tradition,

this is what I received from my teachers.

Rav Ashi said: Reasoning as well supports it

that a deed of acquisition is not effective at all for the acquisition of a promissory-note deed,

for

this sale of

“letters”

is not an actual sale of property, but rather

they are words,

he is selling him words.

And

therefore delivery of the deed, which is an action performed by hand, is effective for the acquisition of the deed.

But a deed of acquisition, which itself is not an action performed by hand, but rather “words”—mere words—is not effective, because

“words” -

the promissory-note deed,

through “words” -

a deed of acquisition,

are not acquired.

And we raised an objection:

Is that so?!

Is it not the case that words are acquired through words?!

a. A deed is written concerning the acquisition of land both for the purpose of acquiring the land—for land is acquired through money, through a deed, and through possession [Kiddushin 27a]—and for the purpose of evidence, so that he will be able to prove that he acquired the land. Even if the acquisition of the land was carried out through money, possession, or an acquisition through a scarf, there is benefit in writing a deed—as evidence.

b. With regard to anything that is a benefit to a person, it is possible to acquire it on his behalf even not in his presence and without his knowledge.

And

he

Rabba bar Yitzhak said in the name of Rav: There are two deeds,

two distinct laws must be stated concerning a deed: a. One who said to two men

Acquire

this field

for so-and-so,

through an acquisition with a scarf,

and write the deed for him,

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

He may retract

the giver may retract

with regard to the deed,

from what he said, to give the recipient a deed,

but he does not retract

from it

with regard to the field,

from transferring ownership of the field.

For they had already acquired the field on behalf of the recipient, and it is impossible to annul the acquisition retroactively; but he may retract and say, “Do not write the deed, for I do not want evidence of the transfer of the field to be in his possession.” And even if the giver explicitly said, “Write and give,” he is permitted to revoke their agency, and a deed is not made against the will of the giver.

b. One who said to two men: Acquire this field for so-and-so

on condition that you write him the deed

as evidence, this person

retracts

from it,

both with regard to the deed

and

with regard to the field.

And even if they had already acquired the field on his behalf, as long as they had not delivered the deed to him he can retract from everything, for he appointed them agents to acquire the field only together with the deed,

and he has retracted with regard to the deed; and if the purchaser does not receive the deed, he does not acquire the field either.

This concludes the words of Rabba bar Yitzhak in the name of Rav.

And Rav Hiyya bar Avin said

in the name of

Rav Huna: There are three deeds,

three distinct laws must be stated concerning a deed:

Two

of the three

are the one we stated,

what Rabba bar Yitzhak said in the name of Rav.

c.

The other: If the seller preceded and wrote

for the purchaser

the deed,

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