The Ri has a question on Rabainu Tam that to me seems hard to understand.
The Ri holds handing over is less powerful than pulling. Rabainu Tam hold handing over is more powerful. [If R. Tam is right then handing over works in an alley.. But the Ri disagrees with that.]
The question of the Ri is based on the following Gemara.
A ship is acquired by pulling and letters by handing over. R.Natan agrees with the ship but with letters he needs to handover and write another document.
The Gemara asks that since the first opinion (the תנא קמא) goes like R. Yehuda Hanasi in letters why doe he not also say like R.Yehuda Hanasi by a ship? For we learn that a Ship is acquired by handing over these are the words of Yehuda Hanasi. The sages said by pulling. The Gemara answers, "No problem. One is a public domain and the other an alley."
Abyee and Rava said: "Handing over works in a public domain, and pulling in a alley." Could it be there are going like R. Yehuda Hanasi instead of the sages? No. The sages agree in a public domain one acquires by handing over. But here they say one needs pulling because the owner said to the buyer to go acquire the ship by pulling.
The Ri askes if R.Tam would be right why does the Gemara answer the original question by saying one is in a public domain and the other in an alley? Why not say both are in an alley but the argument is if when the owner said go pull that the buyer must acquire by pulling, not handing over or not.
The question I have is this. The reason the Gemara said "one is a public domain and the other an alley" is so that the opinion of the the תנא קמא of R.Natan would be the same as R. Yehuda Hanasi. That is it would be just one person saying both statements a ship is acquired by pulling and a ship is acquired by handing over. The Gemara was trying to get out of the idea that the first opinion the תנא קמא would be different than R. Yehuda so saying we could say they disagreed would defeat the entire purpose.
The Ri holds handing over is less powerful than pulling. Rabainu Tam hold handing over is more powerful. [If R. Tam is right then handing over works in an alley.. But the Ri disagrees with that.]
The question of the Ri is based on the following Gemara.
A ship is acquired by pulling and letters by handing over. R.Natan agrees with the ship but with letters he needs to handover and write another document.
The Gemara asks that since the first opinion (the תנא קמא) goes like R. Yehuda Hanasi in letters why doe he not also say like R.Yehuda Hanasi by a ship? For we learn that a Ship is acquired by handing over these are the words of Yehuda Hanasi. The sages said by pulling. The Gemara answers, "No problem. One is a public domain and the other an alley."
Abyee and Rava said: "Handing over works in a public domain, and pulling in a alley." Could it be there are going like R. Yehuda Hanasi instead of the sages? No. The sages agree in a public domain one acquires by handing over. But here they say one needs pulling because the owner said to the buyer to go acquire the ship by pulling.
The Ri askes if R.Tam would be right why does the Gemara answer the original question by saying one is in a public domain and the other in an alley? Why not say both are in an alley but the argument is if when the owner said go pull that the buyer must acquire by pulling, not handing over or not.
The question I have is this. The reason the Gemara said "one is a public domain and the other an alley" is so that the opinion of the the תנא קמא of R.Natan would be the same as R. Yehuda Hanasi. That is it would be just one person saying both statements a ship is acquired by pulling and a ship is acquired by handing over. The Gemara was trying to get out of the idea that the first opinion the תנא קמא would be different than R. Yehuda so saying we could say they disagreed would defeat the entire purpose.
