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

Jogging Ancient Memories
Rabbi Label Lam - 5763

Telling Others
Rabbi Yehudah Prero - 5755

The Eternal Impact of the Exodus
Rabbi Yehudah Prero - 5763

Frumster - Orthodox Jewish Dating

Relating the Chain of Events: Part 3
Rabbi Yehudah Prero - 5755

The Great Shabbat
Shlomo Katz - 5764

The Missing Question
Rabbi Yehudah Prero - 5760

ArtScroll

Actions Speak Louder Than Words
Rabbi Yehudah Prero - 5756

Cyclical Celebrations
Rabbi Yehudah Prero - 5762

Another Link in the Chain
Rabbi Yisroel Ciner - 5759

> A New Outlook
Rabbi Shlomo Jarcaig - 5763

What's With the Number Four?
Rabbi Yehudah Prero - 5757

Break Free!
Rabbi Yaakov Menken - 5764

Looking for a Chavrusah?

Taking It Personally
Rabbi Pinchas Avruch - 5764

Forget Your Belt...
Rabbi Moshe Peretz Gilden - 5762

A Holy Nation?
Rabbi Yehudah Prero - 5755

Would it Have Sufficed?
Rabbi Yehudah Prero - 5757



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