Bava Kamma - Daf 12

• If slaves are like קרקע re: acquiring מטלטלין along with them

The Gemara recorded a dispute if slaves are like קרקע regarding being collected from orphans for their father’s debt. The Gemara suggests this is a machlokes Tannaim, because one Baraisa teaches: החזיק בעבדים – If one acquires slaves with chazakah, לא קנה מטלטלין – he does not acquire the movable items, and another Baraisa teaches he does. Apparently, these two Baraisos disagree if slaves are considered like land (which acquire מטמטלין alongside them with kinyan agav)!? The Gemara responds that both Tannaim may generally consider slaves like קרקע, but the second Tanna holds that kinyan agav requires קרקע which is like ערים מצורות ביהודה – “fortified cities of Yehudah” (based on the source passuk of agav), דלא ניידי – which do not move. Slaves are therefore disqualified from kinyan agav. Alternatively, the Gemara answers that both Tannaim hold slaves are not like land (and cannot effect agav), and the Baraisa which says the מטלטלין are acquired with the slaves is speaking בעודן עליו – where they were physically on the slaves and are acquired through “chatzeir.” Since a moving chatzeir cannot acquire, the case must be where the slave is bound and cannot move.

• One would be chayav for damages to a live kodshim kalim such as a bechor or shelamim

The Mishnah on Daf 9b taught that one is only liable for damages to properties which are not subject to me’ilah. This implies that even if they are hekdesh, one would be liable for damaging them, provided they are not subject to me’ilah. Rebbe Yochanan explains that the Mishnah refers to קדשים קלים –[korbanos] of lesser kedushah (such as shelamim or bechor), and follows the opinion of Rebbe Yose HaGlili, who holds about kodashim kalim: ממון בעלים הוא – it is the personal property of the owner. The Gemara quotes a Mishnah that kiddushin made with one’s portion from kodashim kalim is ineffective, because it is not his, and asks if it disagrees with Rebbe Yose HaGlili. It answers that Rebbe Yose HaGlili only considers live korbanos to be personal property but agrees that the meat portions of a korban do not belong to their recipients; rather, משלחן גבוה קא זכו – they only acquire them from the Table of the Most High, and only for eating.

• If a bechor which is fit for sacrifice is personally owned according to Rebbe Yose HaGlili

A Mishnah teaches that an unblemished bechor may be sold by a Kohen while it is alive, and a blemished one may be sold even after shechitah. Rav Nachman explained this refers to a bechor nowadays, which cannot be sacrificed, and so belongs to a Kohen (still, if it was shechted without a blemish, it is prohibited in benefit as a korban shechted outside the Mikdash). While the Beis Hamikdash is standing, a live unblemished bechor does not belong personally to the Kohen. Rav Nachman was challenged from Rebbe Yose HaGlili, who considers kodashim kalim to be personal property even when the Beis Hamikdash is standing. Ravina answers that Rebbe Yose discusses a bechor outside Eretz Yisroel, which Rebbe Shimon holds should not be brought to Eretz Yisroel to be sacrificed (and is therefore the Kohen’s property). The Gemara clarifies that although Rebbe Yose HaGlili considers live kodashim kalim to be personal property, this does not include a bechor which is practically eligible for sacrifice: שאני מתנות כהונה – Kohanim’s gifts (such as bechor) are different, because משלחן גבוה קא זכו – [Kohanim] acquire them only from the Table of the Most High, with a mandate to sacrifice them, and do not personally own them.