Bava Batra 76B

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Text Excerpt

until he pulls it, or until he rents its place. How, then, can the opinion of the first tanna of the baraita be ascribed to R' Yehuda HaNasi?

The Talmud answers: This is not difficult; here, where R' Yehuda HaNasi states that a ship is acquired through passing, he is referring to a ship situated in the public domain. Since a ship in the public domain cannot be acquired through pulling, which must be performed in a domain that is in one’

The Talmud asks: To what case did you interpret that last baraita to be referring? It was interpreted as referring to the public domain. If so, say the latter clause of the baraita: And the Rabbis say that the buyer does not acquire it until he pulls it or until he rents its place. The Talmud asks:

The Talmud answers: What does the baraita mean when it says: Until he pulls it, and what does it mean when it says: Until he rents its place? This is what it is saying: The buyer does not acquire the ship until he pulls it from the public domain into an alleyway. And if the ship is located in the d

The Talmud asks: Shall we say that Abaye and Rava state their opinion in accordance with the opinion of R' Yehuda HaNasi, not that of the Rabbis? The baraita indicates that only R' Yehuda HaNasi maintains that one can acquire ownership by means of passing in the public domain.