By Rabbi Meir Orlian | |||
#205 |
Kedoshim |
25.04.2014 |
N/A |
We learned previously that a transaction is not finalized, i.e., either party still has the legal ability to retract until a kinyan, an act of acquisition, is performed.
Q: What are the classic forms of kinyan for various items?
A: Different kinds of items have different forms of kinyan, as described in masechtos Kiddushin and Bava Metzia.
Real estate transactions are finalized either through cash payment (kesef), document of sale (shtar), or act of possession (chazakah). Small movable items are acquired through picking up (hagboho), and large movable items through dragging them (meshichah). Small animals are similarly acquired through leading (meshichah) and large animals through grasping the reigns (mesirah).
Many items can also be acquired by placing them in the buyer’s property (chatzer), or as an “add-on” to a real-estate transaction (agav). Most transactions can also be completed through a symbolic exchange (chalipin), by having the seller grasp the handkerchief or other item of the buyer.
Customary business practices of the time are often recognized by Halachah (situmta). Finally, admission of the “seller” can sometimes serve to grant ownership (odisa).
Details of these various kinyanim will be discussed in the coming weeks, iy”H.