Translation:Shulchan Aruch/Choshen Mishpat/200

Paragraph 1- If movable items were in the buyer’s domain and guarded with his knowledge- there are those who disagree and hold that in the case of a sale or gift so long as it is guarded with the seller or giver’s knowledge, that would suffice and the buyer would acquire, and this seems the appropriate way to rule. If the seller rented out the courtyard and the movable items he was selling were mixed together with other of his movable items, however, that is considered, an unguarded courtyard and the buyer would not acquire- or if the buyer was standing next to that domain- there are those who say the buyer must be inside the domain and that outside the domain would not work- once the seller has agreed to sell, the buyer will have acquired the item even if he has not yet measured, so long as a price was set. There are those who say that a person’s four amos would acquire for him just as it does for a found item.

Paragraph 2- If the items were in the seller’s possession or in the possession of a third party who received it as a deposit, the buyer would not acquire items until he lifts them or pulls them as was discussed. If the buyer rented the place where the items were located or the place was given to him as a gift with a kinyan or even with mere words, the buyer would acquire the items because the items are now in his possession and he can acquire them. This that mere words is effective is only where the items were in a third party’s possession. If the items were located in the seller’s possession and the seller says, “my courtyard should acquire the item that the buyer is acquiring from me on behalf of the buyer,” however, the buyer would not acquire until he rents the location and acquires using one of the methods of kinyan. If the fruits were deposited with a third party, it is not enough for him say his courtyard should acquire on behalf of the buyer until he says it with the knowledge of the seller.

Paragraph 3- A person’s vessels can acquire for him in any place where he has permission to place them. Once the movable items enter inside the vessel, neither party can retract and it is as if the items were placed inside the buyer’s home. There are those who differentiate and say that if the vessels are not in the buyer’s possession but are just in an alley or something similar, his vessels would not acquire unless he measured or the seller told him “go and acquire.” Thus, a person’s vessels cannot acquire for him in the public domain or the seller’s domain, unless the seller told him to go and acquire with this vessel, in which case he could acquire if it was in the seller’s domain.

Paragraph 4- Similarly, if the buyer acquired a vessel from the seller and left it and then placed it in the seller’s domain and subsequently purchased fruits with it, once the fruits entered into this vessel he would acquire them because the seller is not concerned with the place where the vessel is because of the benefit he received from selling the vessel.

Paragraph 5- Just as the buyer’s vessels cannot acquire in the buyer’s domain, so too the seller’s vessels cannot acquire for the buyer, even in the buyer’s domain. There are those who say that even if the seller said “go and acquire,” the buyer would still not be able to acquire.

Paragraph 6- Pulling is effective with the seller’s vessels. If the seller measured and placed into his vessels, and the buyer pulled in the seller’s presence, he would acquire, even if the seller did not say pull the vessel to acquire what is inside.

Paragraph 7- One’s domain, vessel, pulling or lifting cannot acquire unless an amount per weight was set. So long as they did not set a price, however, there is no way to acquire because without a set price there is no meeting of the minds considering they may not agree on the amount. If the item was something whose price was set, he would acquire even without setting the price. Similarly, if the seller said he is selling based on whatever price three people appraise the item at, the buyer would acquire even though it is not a set amount. If the fruits were in an alley or a courtyard belonging to both of them, or even if they were in the buyer’s domain but they were in the seller’s vessels, and the seller agreed to sell and began measuring into the seller’s vessels and the seller had said he was selling a kur for 30 sela, the seller may retract even at the last seah, because the fruits were still in his vessels and the entire measurement had not yet been completed. The seller’s vessels do not acquire for the buyer, even if they are in the buyer’s domain. There are those who say that any time the seller has revealed his intention that he does not want to sell unless he sells the entire kur together, even if the items were in the buyer’s domain and in the buyer’s vessels, or the buyer pulled or lifted the fruits, the buyer would not acquire the fruits unless he measured the entire amount. If the seller said he is selling a kur, with 30 seah each at a selah, the buyer would acquire each one at a time. Because the seller had set an amount on each seah, every seah the seller lifts and pours has completed its sale given that the fruits are not in the seller’s domain or the public domain. Had the fruits not been in the seller’s vessels, because they were in the buyer’s domain, the buyer would acquire them once a price was set, even without measuring, as was discussed. There are those who say the buyer would only acquire one at a time because he is now the possessor. Thus, if the buyer did not yet give the money, a party can retract. If the seller opened a barrel of wine and once half was measured the buyer wants to retract and not buy more, and the seller claims the remainder will spoil, the buyer must buy the entire amount or take responsibility on the remainder that if were to be ruined he would pay the entire amount as it was worth at the time he purchased it. There are those who say this is all where the seller measured. If the buyer measured, however, he would acquire in all cases because his measuring is like pulling. There are those who disagree. Any situation where the item is acquired, neither party can retract even if there were disagreements between them and seller refuses to provide the item. Rather, they must litigate the issues between them.

Paragraph 8- If the buyer brought the donkeys with the grain on it into his home, such a pulling would be of no effect, even if a price was set and the seller measured onto the donkey. There are those who say that even if the buyer measured onto the donkey he would not acquire because he did not have intention to pull and acquire with this measuring. He simply intended to measure. There are those who disagree and hold that if the buyer measured, he would acquire, as was discussed.

Paragraph 9- If one sells wine or oil to another in an alley, a courtyard belonging to both of them or the buyer’s domain, and the measuring tool belonged to the broker, before the tool is filled up, the product belongs to the seller. Once the measuring tool is filled, it is in the buyer’s possession and neither party can retract. Similarly, if fruits were piled in an alley or a courtyard belonging to both of them and the measuring tool does not belong to either of them and the seller was measuring, prior to the measuring tool being filled the product is in the seller’s possession, and once the measuring tool has been filled it is in the buyer’s possession.

Paragraph 10- If the measuring tool belonged to one of them and there were impressions to indicate, ½, 1/3 or ¼ or something similar, once the item reaches one of the impressions, the buyer will have acquired the first amount, even if the entire measuring tool has not been filled, because each impression is like its own measuring tool since each one is a measurement, so long as the seller is relying on the impression. There are those who say that if the measurement belongs to the seller, the buyer would not acquire until he pours it.

Paragraph 11- If one takes a vessel from the place of a craftsman with the condition to investigate it and its price was set and an unavoidable accident occurred, the possessor would be liable because its price was set so at the time he lifted it, it entered his possession and the seller would not have been able to retract. This applies so long as he lifted it in order to acquire the entire amount and the item being sold was something that would be dear to the buyer. If the item was something that seller despised and he was eager to sell, however, the item would be in the seller’s possession until he affixed a price and the buyer lifted the item after the price was affixed. If the buyer revealed his intention that he doesn’t want it and it was stolen or misplaced before he returned it, there are those who say he has the status of a paid watchman while others say he has the status of an unpaid watchman.

Paragraph 12- Regardless of whether one pulls, lifts or takes possession himself or tells another to lift, pull or take possession for him, he would acquire the item. The same is true with other methods of kinyan.