The first happy day for boat owner’s life TB Baba Batra 76

I’m told that the two happiest days in a boat owner’s life are the day he buys it and the day he sells it. Today’s daf TB Baba Batra 76 discusses how one acquires a boat. A boat is considered a movable object; consequently, a document will not do the job because a document can only acquire land. Neither can cash acquire the boat for cash only works in betrothing a woman. That leaves pulling, meshikha-מְשִׁיכָה, a significant length, passing, mesira-מְסִירָה, taking possession and moving it ever so slightly, or lifting it, hagbaha-הַגְבָּהָה, which can acquire anything.

The Gemara points out a seemingly contradiction. In one baraita Rabbi Yehuda HaNasi says one needs meshikha to acquire the boat and in another it seems that he holds that mesira is effective. The Gemara sounds the contradiction by saying that the boat is in two different locations.

“The Gemara answers: This is not difficult; here, where Rabbi 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’s possession, it is acquired through passing. By contrast, there, in the first baraita, the ship is situated in an alleyway [simta], which is not the public domain, as both parties have the right to keep their possessions there. A ship in this location must be acquired through pulling.” (Sefaria.org translation)

Rashbam explain that meshikha is about moving the item into the person’s domain while mesira doesn’t require moving into the person’s domain. Nevertheless, once meshikha becomes an option, mesira is off the table. In this case only meshikha works to acquire the boat. Rebbeinu Tam argues that mesira is always the preferable method because it involves the acquiescence of the seller as well as the buyer. Most Rishonim hold that the person must use the preferable method of acquiring the object which is meshikha.

According to the Rambam since is impossible to lift up the boat and dragging the boat is hard work, the boat may be acquired via mesira., Mesira only works in the public domain or a courtyard and doesn’t belong to either, but meshikha effects acquisition in an alleyway or in a courtyard that belongs to both of the parties; and lifting effects acquisition in every place, even in the seller’s domain.

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