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 SUKKOS:

View Complete List

Putting the Squeeze on Sin
Rabbi Eliyahu Hoffmann - 5764

Permanent Assets
Rabbi Moshe Peretz Gilden - 5766

Company Manners
Rabbi Berel Wein - 5767

The Everything Torah Book

The Time of Our Happiness
Rabbi Yehudah Prero - 5756

Miraculous Growth
Rabbi Pinchas Avruch - 5762

Somebody's a Nobody
Rabbi Mordechai Kamenetzky - 5759

Email Sponsorship

After Six Comes Seven
Rabbi Yisroel Ciner - 5762

Parting is Such Sweet Sorrow
Rabbi Yehudah Prero - 5755

Moving Fast Into The Garden
Rabbi Yochanan Zweig - 5769

ArtScroll

The Source of Our Blessings
Rabbi Label Lam - 5763

Beauty Defined
Rabbi Yehudah Prero - 5763

Reb Yosef Asher's Tune
Rabbi Eliyahu Hoffmann - 5760

Succah: Strictly Under Divine Supervision
Rabbi Osher Chaim Levene - 5767

Jewish Citizenship
Rabbi Naftali Reich - 5768

To Sit in the Sukkah
Rabbi Yehudah Prero - 5760

The Time of Our Happiness
Rabbi Chaim Flom - 5768


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