Land is acquired in three ways, a contract document (שטר), money (כסף), proprietary usage (חזקה). When a person in his lifetime wants to gift property (קרקע) to his son, but retain the right to consume the produce (פירות), the document will contain the phrase “from today and after my death.- מֵהַיּוֹם וּלְאַחַר מִיתָה” (Sefaria.org translation)
During the Amoraic period, an additional method of acquiring property was instituted. This acquiring was done by a kinyan sudar (קנין סודר), each person tugging on an end of a piece of cloth like a handkerchief. I’m sure you’ve seen this method at weddings when the groom accepts the obligations outlined in the ketubah.
On today’s daf
TB Baba Batra 136, Rabbi Yosei and Rabbi Yehuda agree that the phrase “from
today and after my death” isn’t necessary to parse the gift document as
explained in the first paragraph “Rav Huna, son of Rav Yehoshua, said: Whether the wording is he transferred
it to him and we acquired it from him, or whether it is we
acquired it from him and he transferred it to him, he need
not write: From today and after my death, as the act of transfer (i.e. the kinyan sudar-gg) is mentioned in any event. And Rabbi Yehuda and
Rabbi Yosei in the mishna disagree whether the phrase: From today and
after my death, is necessary only with regard to a case where the deed
merely states: This is a record of the proceedings that took place in our
presence, without any mention of an act of transfer.”
(Sefaria.org translation)
The Gemara
reports that describes both Abaye’s scribes and Rava’s scribes knew the how to
write these types of documents correctly.
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