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



 
Sell Chometz Online


ARTICLES ON PESACH:

View Complete List

Introduction to Maggid
Rabbi Yehudah Prero - 5755

The Missing Question
Rabbi Yehudah Prero - 5760

All Alone
Shlomo Katz - 5768

Frumster - Orthodox Jewish Dating

Parshas Acharei Mos and Pesach
Rabbi Naftali Reich - 5774

Intimacy On A Higher Scale
Rabbi Yochanan Zweig - 5774

Searching for the Chametz Within
Rabbi Yehudah Prero - 5756

> How Do We Approach This Child?
Rabbi Label Lam - 5764

Why Next Year in Jerusalem?
Rabbi Yehudah Prero - 5759

Ha Lachma Anya
Rabbi Yochanan Zweig - 5771

Looking for a Chavrusah?

Pesach Food
Rabbi Yehudah Prero - 5756

Ordered Freedom
Rabbi Yehudah Prero - 5775

Who Knows One?
Rabbi Yehudah Prero - 5758

ArtScroll

Out of Order
Rabbi Label Lam - 5774

Pesach: The Obligation of Profound Appreciation
Rabbi Label Lam - 5764

Providing for the Needy
Rabbi Yehudah Prero - 5756

A Ritual Memory Transfer
Rabbi Berel Wein - 5760



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