In their ongoing discussion about acquisition, Rav
questions how one should acquire a gift. Is it required for the giver to say
out loud that the receiver should acquire the gift? One who is giving a gift might very well
give generously, which would assume acquisition even without clear spoken statements
to that effect.
Returning to the question of possession via
breaching a fence, the Gemara questions how much is considered to be a
bit" when breaching the fence 'a bit'.
If a person had previously built a fence and is now completing it to ten
handbreadths tall, and had previously breached a weakness in the fence,
possession can be embellished after widening the hole enough for a a person to
step through the fence.
But the rabbis ask further questions: does
effort play into our estimation of the fence? Does it matter how much was
changed about the fence? What if a
person placed a stone to help to serve certain perspectives and then removed it
for the same reasons has one established possession? Some examples include placing a stone that stops
a flood or removing a stone to enhance the flow of water to another's field.
The rabbis consider this to be analogous to "one who chases away a lion
from another's property."
The Gemara questions whether or not one
takes possession of a field in order to acquire it when there are two fields
sharing one boundary. What is the
intention - to acquire both fields? Do we believe that each filed stands alone,
or are they both attached to the boundary?
And what if one takes possession of the boundary in an effort to acquire
both fields? The Gemara leaves this
question unresolved.
The rabbis extend this question to that of
two homes, one inner and one outer, within one courtyard. If the intention is to acquire both houses by
acquiring the outer house, the person must understand that the homes are
considered to be separate.
If a convert has a palace and no heirs, a
person can acquire that home by putting doors on the house. Similarly one acquires the property of a
convert without heirs if he applies plaster and even just one tile on his
home. Does the tile have to be at the
entrance of the house, where it is easily seen?
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