Torah.org Home Subscribe Services Support Us
 
Print Version

Email this article to a friend


L. Property - Kinyan

"In the twelfth book I will include commandments regarding sale and acquisition. And I have called this book the Book of Property."

69. Sale - Mechirah

A sale or rental is not final until the proper form of acquisition has been followed. Real estate is acquired by exchange, by payment, by a bill of sale, or by taking possession. Movable property is acquired, once its price has been settled, by lifting it; by renting or buying land together with it; by exchange; by pulling it (or leading it, if it is an animal; this method applies only in certain types of domains); by turning it over to the buyer (if it is too heavy to lift or pull; this applies only off the seller's property); or by bringing it onto the buyer's property. Intangibles and things that are not yet in the seller's possession cannot be acquired; but bills can be acquired rabbinically by bill of sale and turning over, or with land.a

A forced sale is valid unless the seller has annulled it in advance. A sale or gift can be contingent on conditions; these must be made in advance and must explicitly specify the alternatives ("if... and if not...") unless the sale is to be retroactive. In any case the conditions must be feasible, and in non-business matters (marriage, divorce, etc.) they must not be in conflict with the Torah. A promise to sell or give if certain conditions are met is not a binding sale unless it is registered in court; but it is not proper to go back on one's word.b

It is forbidden for the buyer or seller or renter of real, movable property to deceive, as it says "And if you sell a sale to your friend or buy from your friend you shall not cheat each other".1 If the deception is qualitative or amounts to more than a sixth of the price the sale can be annulled. It is also forbidden to insult anyone; and there are special prohibitions against cheating or insulting a proselyte, as it says "And you shall not cheat each other but shall fear your G-d",2 and it says "You shall not cheat a stranger and you shall not oppress him".3,c

In all matters of business local customs and civil laws can be followed.d

Sources:

1. Lev. 25:14 a. 1:3,18; 2:5; 3:1,4,7-9; 4:1,3,11-12; 5:1,5,14; 6:11-12,14; 22:1,5,13
2. Lev. 25:17 b. 7:8; 10:1; 11:1-2,13; Zechiah u-Mattanah 3:6-8; Ishus 6:1-2, 9,13-17
3. Ex. 22:20; see Lev. 19;33, Ex. 23:9 c. 12:1,4; 13:8,17; 14:12,15; 17:1-2
d. 26:8; 27:11; Zechiah u-Mattanah 1:15


Please Support TORAH.ORG
Print Version       Email this article to a friend

 

ARTICLES ON TOLDOS AND CHANUKAH:

View Complete List

Finding the Lost Eisav
Rabbi Aron Tendler - 5760

Surprise, Surprise!
Rabbi Dovid Green - 5762

Bonding Time
Rabbi Dovid Green - 5760

The Everything Torah Book

Try, Try Again
Rabbi Raymond Beyda - 5765

O Chanukah, O Chanukah . . .
Rabbi Pinchas Winston - 5765

Keen Sense of Smell
Rabbi Eliyahu Hoffmann - 5761

Email Sponsorship

Coming in First Place
Rabbi Eliyahu Hoffmann - 5766

A Spiritual Holiday
Rabbi Yehudah Prero - 5755

Esav! Have You Forgetten So Fast?
Rabbi Yaakov Menken - 5758

ArtScroll

Oh Dreidel, Dreidel, Dreidel!
Rabbi Label Lam - 5768

Different Messages
Rabbi Chaim Flom - 5768

Yosef and Chanukah
Rabbi Yisroel Ciner - 5757

To Fergin or Forget
Rabbi Yochanan Zweig - 5769

Family Feud
Rabbi Berel Wein - 5767

The Mystery of the Wells
Shlomo Katz - 5766

"Go to Peace"
Shlomo Katz - 5758


Learning Events and Programs

Project Genesis

Torah.org Home


Torah Portion

Jewish Law

Ethics

Texts

Learn the Basics

Seasons

Features

TORAHAUDIO

Ask The Rabbi

Knowledge Base

Discussion Forum




Help

About Us

Contact Us


Enable popup menus


Download to my HandHeld


Torah.org Home
Torah.org HomeCapalon.com Copyright Information