A handful of fifth-grade boys were playing ball in the park one afternoon. Yosef zoomed into the park on his rollerblades with a broad smile on his face.
“What’s up, Yosef?” asked his friend Eliyahu.
“My father bought me new rollerblades for my birthday,” Yosef answered happily.
“What are you going to do with your old rollerblades?” Eliyahu asked. “They’re still in good condition.”
“I don’t know,” replied Yosef. “I put them away in my closet.”
“I’ll tell you what,” said Eliyahu. “I’ll pay you $40 for them.”
“Deal,” said Eliyahu.
The following day, Eliyahu went home with Yosef. He gave Yosef the $40 and took the old rollerblades.
A week later, Yosef’s father inquired about his old rollerblades.
“I sold them to Eliyahu last week for $40,” replied Yosef.
“I’m upset that you did that,” said his father. “I told your younger brother that I would give them to him.”
“I’m sorry,” said Yosef, “but what should I do now?”
“Tell Eliyahu that you need the rollerblades back; that I did not allow the sale,” said his father. “You had no right to sell them without asking me first.”
The next morning in school, Yosef told Eliyahu that he wanted the rollerblades back.
“But you already sold them to me,” argued Eliyahu. “You can’t retract.”
“My father insists that I get them back,” said Yosef. “He promised them to my younger brother.”
“Well, I’m not giving them back,” said Eliyahu. “I bought them fair and square! Anyway, they’re yours, not your father’s.”
As their tones rose, the rebbi came over. “What’s going on?” he asked.
“Yosef sold me his old rollerblades,” said Eliyahu, “and now he wants them back.”
“My father says that I shouldn’t have sold them without checking with him,” explained Yosef. “He wants them for my brother.”
“I heard that there is a special shiur today with Rabbi Dayan,” said the rebbi. “We can ask him!”
After the shiur, the rebbi introduced Yosef and Eliyahu to Rabbi Dayan.
“I sold my rollerblades to Eliyahu, but my father insists that he return them,” Yosef said. “Does Eliyahu have to give them back?”
“The sale of a minor (below the age of bar mitzvah) who is supported by his father is subject to his approval,” said Rabbi Dayan. “Therefore, your father can annul the sale.”
“Why is that?” asked Eliyahu.
“Selling is a legal transaction that requires da’as, legal competence,” explained Rabbi Dayan. “Therefore, the Torah does not attribute legal significance to transactions initiated by minors, since they lack daas. However, the Sages rule that the transactions of minors — with the exception of real estate — should be valid, so that a child should be able to obtain his needs (Gittin 59a; C.M. 235:1).”
“From what age?” asked Yosef.
“From a minimum of six or seven, provided that the child has some sense of value and business,” replied Rabbi Dayan. “By age ten, it is assumed that almost all children have reached this stage, unless it is known to be otherwise (see Sma 235:3).”
“If so, what’s the problem?” asked Eliyahu. “Yosef is already ten!”
“Elsewhere, the Gemara (Kesubos 70a) qualifies that the Sages only instituted that ruling for cases when there is no guardian to look after the child’s welfare, but not if there is a guardian,” explained Rabbi Dayan, “because a guardian will tend to the child’s needs.
“Thus, the child can only sell with the approval of his guardian; if the guardian upholds the purchase or sale, it is valid. All the more so when the child has a father to look after him; then his sale is subject to his father’s approval (C.M. 235:2; Sma 235:18; Aruch Hashulchan 235:1,11).”
“Furthermore, in many instances, gifts given to children are not viewed as owned by them, but are considered as belonging to the father,” added Rabbi Dayan (Rema 270:2; Aruch Hashulchan 270:4). “Therefore, Yosef’s father can annul the sale if he objects to it.”