The Handkerchief That Buys a House

About This Talk

Hilchot Mechirah chapters 4 through 6 move from the basic ways of acquiring to their mechanics and limits. Chapter 4 teaches that a person's containers acquire for him wherever he may place them, but not in the public domain or the seller's domain unless the seller says to acquire with that container, or the buyer first bought the container from him; the seller's containers never acquire for the buyer, even in the buyer's domain. Mesirah works in the public domain or a courtyard owned by neither party, meshichah in an alley off the public domain or a jointly owned courtyard, and lifting anywhere; pulling an item partly out of the public domain acquires it. Produce in the buyer's domain is acquired once the seller agrees, even unmeasured; in the seller's domain only by lifting or renting its place. When the seller measures into his own containers in a shared place, he can retract until the end, unless he priced each se'ah separately, in which case each se'ah is acquired as poured; a broker's or neutral measure acquires once full, and marked measures acquire at each marking. A significant general principle: the price must be set before the lifting, unless the item has a standard price. Utensils taken from a craftsman for inspection at a fixed price become the taker's responsibility when lifted with intent to buy, unless the seller is eager to be rid of them. An agent can perform any kinyan on another's behalf. Chapter 5 teaches that barter of movables is binding once one side pulls or lifts what he receives, but trading one item for two requires pulling both; uncounted coins function as goods and acquire, as does selling to settle a debt arising from a sale, but not other debts. Kinyan chalifin acquires land, servants, livestock and movables: the buyer gives the seller a utensil of his own, even worth less than a p'rutah, not produce, a coin or a forbidden item, and when the seller lifts it the buyer acquires. A third party may supply it, it may be given on condition of return, and the seller need only hold a part that is itself a utensil, such as three fingerbreadths of cloth, or that would let him pull the whole. No witnesses are needed for any kinyan. After chalifin either party may retract while still discussing the matter. Acts that need no kinyan, such as freeing a servant, divorce, appointing an agent or waiving a debt, are often confirmed by one only to show resolve, and declaring that one speaks with a full heart suffices; a kinyan on mere words, such as a commitment to travel or to form a partnership, is of no consequence. Chapter 6 rules that coins can neither effect nor be acquired by chalifin, while bullion is ordinary goods; between coins, gold relative to silver and copper relative to silver are treated as produce, so giving gold acquires the silver at once but not the reverse, and disqualified coins are produce in every respect. Coins not in hand are acquired only together with land or by renting their place, and the Rambam holds a debt cannot be acquired together with land. When lender, borrower and recipient stand together and the lender directs payment to the recipient, the recipient acquires and none may retract, a ruling without explanation from which nothing may be derived; a request to a fourth party to pay a debt binds no one. A promissory note is transferred only by writing acquire it and all its obligations and handing it over, a rabbinic institution, so the seller or his heir can still waive the debt, though a wife cannot waive a note brought into her dowry without her husband. A note can also be acquired together with land, and a deed of sale is acquired with the land. The chapter closes with an agent taking possession of a gifted field and the giver's right to retract regarding the deed.