Translation:Shulchan Aruch/Choshen Mishpat/197

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Paragraph 1- A domesticated animal, regardless of whether it is small or large, cannot be acquired via handing over, but only with pulling. Lifting the animal is not required. There are those who say that even handing over can acquire a large domesticated animal and there are those who say even a small domesticated animal can be acquired via handing over if the seller is present. See later 198:8-13 with respect to the laws of handing over. If the seller told the buyer to acquire with pulling, and the buyer deviated, whether by downgrading, such as by handing over, or upgrading, such as by lifting, he will not acquire the animal other than with pulling as the seller instructed him.

Paragraph 2- Lifting is an effective kinyan in all situations. Pulling, however, only works in an alley or courtyard that belongs to both parties. Pulling does not, however, work in a public domain or a courtyard that does not belong to both parties.

Paragraph 3- How does one acquire an animal by pulling? It goes without saying that if the recipient pulls the animal and it walked or if he rode on it and it walked, that he would acquire the animal, but even if he called the animal and it came to him or if he hit it with a stick or lead it with his voice, and the animal ran towards him, once the animal lifts his hands and feet, he would acquire the animal, so long as he pulled it in the presence of the owner. If he pulled it outside the presence of the owner, the owner must have told him before he pulled it, “go, pull and acquire.” See later in Siman 271 for these laws.

Paragraph 4- If one sells or gifts a flock to another, once he has handed over the animal that leads the flock and has the other animals following it, the transferor does not have to say “pull and acquire,” and once he pulls the flock he would acquire it, even outside the presence of the transferor, because the giving over of the leading animal is the equivalent of “go, pull and acquire.” If one sold a book to another and gave the recipient half and the recipient went and pulled or lifted the second half without the transferor’s knowledge, he would not acquire it, because the half that he gave is not comparable to the leading-animal. If the seller did not give over the leading-animal and sold 10 animals and the buyer acquired them with pulling, he would only acquire that which he pulled. If he acquired via handing over and only one bit was handed over but the purchaser paid for all of them, he would acquire all of them. If he did not pay for all of them, he would only acquire the amount he paid for as was discussed above with respect to real property, at the end of Siman 192.

Paragraph 5- If one sells or gifts an animal to another and tells him to acquire the way people generally acquire and the recipient pulled or lifted, he would acquire the animal. If he rode on the animal in a field or alley, he would acquire the animal. If it was in the city in the public domain, however, he would not acquire the animal because people do not have the practice to ride in the city. Therefore, if he was a prestigious person who did have the practice of riding in the city, or if he was a low-class individual who did not concern himself with how he traveled through the city and would ride, such as individuals who are involved with raising animals, slaves or women or if it was a public domain where many people were packed in, the recipient would acquire the animal by riding so long as he traveled with the animal.

Paragraph 6- If one tells another, “pull and you will acquire,” “take possession and you will acquire” or something similar, and the recipient went and pulled or took possession, he would not acquire the item because “you will acquire” implies in the future and he has not yet transferred possession to him. The same would apply where he tells him “pull this item in order to be able to acquire it.” Rather, he must tell him “pull and acquire” or “take possession and acquire.”

Paragraph 7- If one tells another to pull this cow but not acquire it until 30 days from now and the recipient pulled the cow, he would not acquire it. If the transferor said to acquire it now and 30 days from now, he would acquire it, even if the animal were in a swamp on the 30th day, as if he transferred possession now on condition. Once the condition is fulfilled, the kinyan is upheld. Any time one says “on the condition,” it is as if he said “from now.”