For the source text click/tap here: Bechorot 13
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R. Oshaya said that a Jew acquires the property of a nonJew with the paying of the purchase price to the non-Jew.
The transfer of the money effects this transaction. A Baraisa was brought which challenges this view. A Jew arranged to buy a collection of broken pieces of silver from a non-Jew.
After paying for the box of silver, the Jew noticed that among the pieces were some items of idolatry in the box, and these items are clearly prohibited for the Jew to derive any benefit from them.
The halacha in the Baraisa is that if the Jew had not paid the money, then even if he had pulled the silver into his possession he may still return it to the non-Jew.
Taking possession without having paid does not constitute a legal transaction. If the Jew has paid for the silver, and then he took possession of the silver by pulling it into his property, the Jew had already acquired the silver.
We explore the history of acquisitions between jews and nonJews in Talmud and the thorny issue of accusations by the regnant culture.
