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



 






ARTICLES ON TOLDOS:

View Complete List

The Search for Blessings
Rabbi Mordechai Kamenetzky - 5762

"Go to Peace"
Shlomo Katz - 5758

One Cannot Make Blanket Rules Concerning Telling The Truth
Rabbi Yissocher Frand - 5773

ArtScroll

The Long Lasting Impact Of Childhood Memories
Rabbi Yissocher Frand - 5774

His Father's Son
Shlomo Katz - 5765

Why is Bill Gates the Richest Man in America?
Rabbi Yaakov Menken - 5756

Looking for a Chavrusah?

Waiting for the Redemption
Rabbi Pinchas Winston - 5774

We Have No 'Rights'
Rabbi Yaakov Menken - 5760

The Tragic Flaw of Brother Esau
Rabbi Label Lam - 5763

Frumster - Orthodox Jewish Dating

The Spur of the Moment
Rabbi Naftali Reich - 5768

Death Wish
Rabbi Mordechai Kamenetzky - 5761

No Contradiction
Rabbi Raymond Beyda - 5766

> Who deserves a blessing?
Shlomo Katz - 5774

Why Does "And G-d blessed him" Appear at the End of the Pasuk?
Rabbi Yissocher Frand - 5772

A Question of Honor
Rabbi Naftali Reich - 5767

Different Messages
Rabbi Chaim Flom - 5768



Project Genesis

Torah.org Home


Torah Portion

Jewish Law

Ethics

Texts

Learn the Basics

Seasons

Features

TORAHAUDIO

Ask The Rabbi

Knowledge Base




Help

About Us

Contact Us



Free Book on Geulah!




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