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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 |