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 NOACH:

View Complete List

Faxs vs. Kidney Stones
Rabbi Yissocher Frand - 5759

Lesson of the Ravens
Rabbi Yissocher Frand - 5763

Choosing Sides
Rabbi Pinchas Winston - 5771

Looking for a Chavrusah?

Resilience is Key
Rabbi Berel Wein - 5767

Leisure Time
Rabbi Raymond Beyda - 5766

Leave They Must
Rabbi Label Lam - 5766

> “Live & Let Live?”
Jon Erlbaum - 0

Saved From a Rainy Day
Rabbi Pinchas Winston - 5758

When the Illegitimate Becomes Legitimate
Rabbi Yissocher Frand - 5758

ArtScroll

Sins Committed In Private Ultimately Lead To a Violent Society
Rabbi Yissocher Frand - 5765

The Day Falsehood Married Destruction
Shlomo Katz - 5761

Unity With Caution
Rabbi Berel Wein - 5766

Frumster - Orthodox Jewish Dating

Language Barrier
Rabbi Mordechai Kamenetzky - 5760

Generation to Generation
Rabbi Pinchas Winston - 5759

People In Stone Houses Should Not Cast Bricks
Rabbi Yochanan Zweig - 5771

Beshegam Hu Moshe?
Rabbi Pinchas Winston - 5767



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