Translation:Shulchan Aruch/Choshen Mishpat/204

Paragraph 1- If one gave money but did not pull the movable items, although he would not acquire the movable items as was discussed, either party that retracts, whether it’s the seller or the buyer, has not acted like a Jew and is required to accept “mi shepara,” even if the buyer only gave some of the money.

Paragraph 2- If the buyer gave the money for the item and an unavoidable accident occurred before he took the item, and he tells the seller to either give him the item or return the money, even if there are witnesses that the accident occurred and the seller did not have the ability to rescue it and was not lax on the matter, he still must return the money and “mi sheapra” is not applicable. There are those who say that the same applies to someone who retracts because he is concerned he may lose the entire item.

Paragraph 3- If one set a price based on the market rate and accepted money but did not have the item they are transacting on, the law will be discussed in Siman 209. See later 209:6.

Paragraph 4- How does one accept “mi shepara”? We curse him in court and say, “The one who took payment from the people of the generation of the flood and the from the people of the generation of the haflagah, and from the people of Sedom and Amorah and the Egyptians who drowned at sea, shall collect payment from one who does not keep his words.” There are those who say that they say to him “he should collect payment from you if you do not stand by your word.” There are those who say we say it publicly.

Paragraph 5- If one purchases real property or movable items from another and they set a price and the buyer leaves collateral on the money, he would not acquire the item and either of the two parties can retract and would not need to accept “mi shepara.”

Paragraph 6- If one sold with just words and they set a price, and the buyer made an impression on the item so that he would have a recognizable sign that it is his, any party that retracts after the buyer made an impression would accept “mi shepara,” even if the buyer did not give any money. If there is a local custom that an impression effects a full kinyan, the item would be acquired and neither party can retract. This is all where the impression was made in front of the seller or the seller instructed him to make an impression on the item. See above Siman 201.

Paragraph 7- If one transacts with just words, it is appropriate for him to keep his word, even if he did not take any of his money, the buyer did not make an impression and the buyer did not leave collateral. Whether the buyer or seller retracts, although he is not required to accept “mi shepara,” he is lacking trustworthiness and the spirit of the Rabbis are not pleased with him.

Paragraph 8- Similarly, if one tells another he will give him a gift but does not do so, he is lacking trustworthiness. When is this true? With a small gift because the recipient relies on it once he was promised to receive it. With respect to a large gift, however, there is no lack of trustworthiness because the recipient did not believe the donor’s words that he would receive until he made a kinyan that would be effective on such an item.

Paragraph 9- There are those who say that if many people told one person they would give him a gift, they cannot retract, even if it was a large gift.

Paragraph 10- If someone had an outstanding debt owed by another, and the lender told the borrower to sell him these movable items for the debt owed, and the seller agreed, there are those who say it is as if he gave money and anyone who retracts would accept “mi shepara.” Others disagree and say he would only acquire the item via the benefit of waiving the loan. Even if he did not completely waive the loan but gave him more time to pay back and said this item would be acquired by me for this benefit, it as if he gave him money.

Paragraph 11- If Reuven owed Shimon a maneh and Shimon said he will sell this movable item for a maneh and Reuven gave him the maneh, Shimon can say he is collecting the maneh for his debt and not giving him the item, and “mi shepara” would not be applicable. If Reuven said here is another maneh and give me the item, however, Shimon must give the maneh or accept “mi sheapra.” Although one can retract in the case of words without money and does not have to accept “mi shepara,” it is still appropriate for a person to keep his word, even if he did not make any kinyan and it was just words. The spirit of the Rabbis are not pleased with any party who retracts, regardless of whether it is the buyer or seller. This is only true where there was one market rate, but where the rate changed, one is not lacking trustworthiness. Anyone who tells another he will give him a small gift but does not give it is lacking trustworthiness. There are those who say that one is even forbidden to change even where the market rate changes, and if he did retract he is lacking trustworthiness, and this seems to be the primary ruling.