Laws of Ownerless Property

Sources

§ Rava said: With regard to one who clears the ground on the intermediate days of a Festival, the following distinction applies: If his intention is to prepare a threshing floor, it is permitted, but if his intention is to prepare the ground for planting, it is prohibited.

Moed Katan 10b:5

The mishna continues: In what case is this statement, that one establishes the presumption of ownership after profiting from the property for a certain duration, with the exception of the above people, said? It is said in a case of one who has mere possession of the property, which does, in some cases, serve as proof of ownership. But in a case where another person gives one a gift, or there are brothers who divided their inheritance…

Bava Batra 42a:9

However, with regard to the property of a convert, he does not acquire it. The property of a convert who dies without heirs is regarded as ownerless unless he had transferred it to someone as a gift during his lifetime. Whoever first implements a valid mode of acquisition upon such property acquires it. For example, one may acquire property by performing an act of taking possession, such as construction of a partition around it. But if one erects a partition around the property of a deceased convert on top of an existing partition, he does not acquire the property in this manner.

Eruvin 25a:12

Rav Sheshet said: From where do I say that the fetus acquires the item? As it is taught in a baraita: With regard to a convert who died, apparently without offspring, and Jews plundered [uvizbezu] his property, assuming that he had no heirs and his property was therefore ownerless, and subsequently they heard that he had a son or that his wife was pregnant, they are obligated to return the property. If they returned it all, and then they heard that his son died or that his wife miscarried…

Bava Batra 142a:3

§ Rav Yeiva the Elder raises a dilemma to Rav Naḥman: With regard to one who takes possession of the documents of a convert, what is the halakha after the death of the convert? On the one hand, it can be argued that one who takes possession of the document takes possession with the intention of acquiring the land that the document states is under lien, and since he did not take possession of the land itself, he also does not acquire the document…

Bava Kamma 49b:8-14

§ The Gemara cites another statement of the same amora with regard to taking possession. And Rav Asi says that Rabbi Yoḥanan says: If there were two fields with one boundary between them, and one took possession of one of the fields in order to acquire it, he has acquired it. If his intention was to acquire it and also acquire the other field, he has acquired the first field, but has not acquired the other field, since the fields are separated by a boundary…

Bava Batra 53a:8-54b:3

Rav Pappa and Rav Huna, son of Rav Yehoshua, said to Rava: If that is so, in a case where one was sailing on a boat and fish jumped and fell into the boat, is the boat also considered a mobile courtyard, and therefore he does not acquire the fish? Rava said to them: A boat is not considered a mobile courtyard, as the boat itself sits idle, and it is the water that moves it.

Bava Metzia 9b:7

The Gemara returns to discuss the acquisition of a field that belonged to a convert who died without heirs. The Gemara asks: If there was no boundary and there was no sea squill, what are the limits to the acquisition? Rabbi Marinus explains in the name of Rabbi Yoḥanan: Any area that is called by his name. The Gemara asks: What are the circumstances where it is called by his name? Rav Pappa said: Where it is called: The place that is irrigated by so-and-so’s well…

Bava Batra 56a:4

Whoever takes hold of ownerless property acquires it. Any objects found naturally in deserts, rivers and streams - e.g., grass, trees, wild fruit and the like - are ownerless. Whoever first takes hold of such an object acquires it. When a person catches fish in a sea or in a river, and similarly, when he catches fowl, or various wild beasts, since they are ownerless, he acquires them. He may not, however, hunt in a field belonging to a colleague. Nevertheless, if he snares an animal there, he acquires it…

Mishneh Torah, Ownerless Property and Gifts 1-2

Rav Yosef said: What is the reason for Rabbi Yehuda HaNasi’s distinction between one who betroths his ḥalutza for the purpose of levirate marriage and one who does so for the purpose of regular marriage? It is because the Sages considered him like one who hoes the property of a convert who died without leaving heirs. The property of such a convert is ownerless, and whoever takes possession of it acquires its title. As one of the methods of taking possession of land is hoeing, if one hoed the property of this convert with the intention of acquiring it…

Yevamot 52b:10-11

Rava reasoned that he would acquire possession of the deposit for himself, as he said: How can Rav Mari acquire these dinars? If he attempts to acquire the money as inheritance, he is not fit to inherit from Issur. Since he was conceived before his father converted, he is therefore not halakhically considered his son. If he attempts to acquire it as a gift, the Sages equated the halakhic status of the gift of a person on his deathbed with that of inheritance…

Bava Batra 149a:4

§ Rav Asi says that Rabbi Yoḥanan says: The boundary between fields and the sea squill that was planted to demarcate the border between fields serve as a barrier between fields with regard to the property of a convert who died without heirs, so that one who takes possession of the property acquires land only until the boundary or the sea squill, but not other land the convert had possessed beyond that point. But they do not serve as a barrier between fields with regard to the matter of produce in the corner of the field…

Bava Batra 55a:9

Rabbi Abba raised an objection to Ulla from a baraita: If a convert died and Jews plundered his property, as his possessions became ownerless property with his death because he had no heirs, and among his possessions were slaves, then, whether the slaves were adults or minors, they acquire ownership of themselves and become freemen, as they can acquire themselves from the ownerless property. Abba Shaul says: Adult slaves acquire ownership of themselves and become freemen…

Gittin 39a:15

And there are those who say that this slave was a minor, and Mar Zutra did not act in accordance with the opinion of Abba Shaul. As it is taught in a baraita: With regard to a convert who dies without heirs and Jews plundered his property, as it is considered ownerless, and among his possessions were slaves, then, whether the slaves were adults or minors, they acquire ownership of themselves and become freemen, as they can acquire themselves from the ownerless property…

Kiddushin 23a:2

The Gemara asks: With regard to what issue was this dilemma raised? If it was raised with regard to acquiring the property of a convert, this is precisely the same as the ruling cited by Yirmeya Bira’a, as Yirmeya Bira’a said that Rav Yehuda said: If one sowed turnip seeds in cracks which he found in land that had belonged to a convert, and another Jew came and plowed the ground a little, the latter one, the one who plowed, acquires the property, and the first one does not acquire it.

Eruvin 25a:17

The Gemara raises a difficulty: But shouldn’t his field effect acquisition of the animal for him even without him standing next to it? As Rabbi Yosei, son of Rabbi Ḥanina, says: A person’s courtyard effects acquisition of property for him even without his knowledge. The Gemara answers: This statement applies only to a secured courtyard, where items remain in the courtyard without supervision. But with regard to an unsecured courtyard, if the owner is standing next to his field, yes…

Bava Metzia 11a:7-8

Rav Huna said to him: That is obvious; remove the money from here and she will acquire the property by means of the bill of sale, as, even if she has not yet given him the money, she acquires the land by means of the bill of sale. Didn’t we learn in a mishna (Kiddushin 26a): Property that serves as a guarantee, i.e., land, can be acquired by means of giving money, by means of giving a document, or by means of taking possession of it?

Bava Batra 51a:6

GEMARA: Ameimar says: The legal act of acquiring an object by pulling it applies to a gentile. Know that it is so, as those Persians send gifts [pardashnei] to one another and do not retract them, which shows that they acquire one from another by pulling the object alone, even without paying for it. Rav Ashi says: Actually, I will say to you that pulling an object does not acquire it in a transaction involving a gentile…

Avodah Zarah 71a:6

Animals, birds, or fish that were caught in traps are not acquired by the one who set the traps until he actually takes possession of them. Nevertheless, if another person comes and takes them, it is considered robbery on account of the ways of peace. Rabbi Yosei says: This is full-fledged robbery.

Gittin 59b:2

§ The mishna teaches: Taking animals, birds, or fish that were caught in traps belonging to another person is considered robbery on account of the ways of peace. And Rabbi Yosei says that this is full-fledged robbery. The Gemara comments: With regard to nets [uzlei] and woven traps [oharei],

Gittin 60b:17

Property Lawדיני רכוש

Laws of the Release of Loans

Laws of Selling Ancestral Fields

Laws of Selling Property in a Walled City

Laws of the Methods of Acquisition

Laws of Retraction of a Transaction before its Completion

Laws of Cancellation of a Transaction and the Seller's Responsibility

Stipulations of a Purchased Acquisition

Intent of the Seller and the Purchaser

Laws of Ownerless Property

Laws of Gifts

Sheetsדפי מקורות

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