Translation:Shulchan Aruch/Choshen Mishpat/235

Paragraph 1- The transfer of possession by a minor younger than six years old is of no effect. From the age of six until he becomes an adult, if he understands commerce, which means they investigated him and discovered that he is aware or, in the case of someone who is 10 years old, if he is not a fool, his purchases, sales and gifts are valid, whether it is a large amount or a small amount, whether it is a healthy-gift or a dying-gift. The foregoing is a rabbinic regulation and all applies to movable items. There are those who say that because it is only a rabbinic regulation, in a situation where they acted improperly, such as where they sold the small amount of properties that the daughters had rights to, their sale would not be valid. With respect to real property, however, one cannot sell or gift until he becomes an adult, which means a boy at the age of 13 and a girl at the age of 12, when they grow hairs, even if it was real property that was given to the minor as a gift or that the guardian had acquired for him. If they gave such property, it is of no effect, even as a dying-gift, even if it was property that was gifted to the minor and even if the minor understands commerce. Nevertheless, so long as the minor wants to uphold what he did and the his relatives and the court do not void his action and the buyer was consuming the fruits, the buyer would not have to repay what he took. If the child inherited a debt from his father, it has the status of movable items and he may sell it or give it to someone else.

Paragraph 2- When is this true? With respect to a minor that does not have a guardian. If the minor had a guardian, however, his actions are of no effect, even with respect to the movable items, other than with the knowledge of the guardian, in which case if the guardian wants his purchase, sale or gift to be effective, it would be. The same is true in a case where the minor is supported by a homeowner, whose status is that of a guardian, as will be explained later in Siman 290. Once the child becomes an adult, however, even if he has a guardian that was appointed by the father, his purchases and sales would be valid. Although the guardian must fulfill the wishes of the deceased and he cannot give anything to the inheritor or buyer until the time the deceased instructed, his sale is still valid and if the buyer seized the property we would not remove it from him.

Paragraph 3- If a minor who understands commerce and does not have a guardian transacts with movable items and erred, he has the status of an adult. Less than 1/6 would be waived, 1/6 would be returned, more than 1/6 would void the sale.

Paragraph 4- The transaction of a minor on movable items is only valid where he pulled or was pulled on. If the minor gave money for the sale and retracted, however, he would not accept the “mi shepara” curse. Others who retract against the minor would have to accept “mi shepara.”

Paragraph 5- Similarly, if they made a kinyan from the minor or they rented a place for the movable items and the minor retracted, the buyer would not acquire because we do not take away from a minor by law and we do not make a kinyan from a minor because a kinyan has the status of a document and witnesses do not sign on documents other than adult-documents.

Paragraph 6- Similarly, if a minor acquired movable items and they made a kinyan from him and he rented the area, he would not acquire until he pulls because a minor’s courtyard cannot acquire from him given that the concept of a courtyard-kinyan stems from the rules of agency and a minor cannot appoint an agent, and his renting an area can be no greater than his courtyard. With respect to a minor girl, however, whose rules of courtyard-kinyan stem from her hand, she may acquire movable items if they made a kinyan from her or with rental of the location.

Paragraph 7- If a minor acquired real property and gave money and took possession of the real property, he would retain the property because we can benefit for someone outside his presence.

Paragraph 8- If a minor became an adult and grew two hairs, which is 13 for a boy and 12 for a girl, even if he is not familiar with commerce, his purchases, sales and gifts are valid if they involve movable items. With respect to real property, however, his actions are of no effect until he is familiar with commerce after he becomes an adult. This is all where the individual himself sells. The court itself, however, can sell his real property to pay his father’s debts or something similar. See later in Paragraph 26 in this Siman.

Paragraph 9- When is this true? With respect to his own property that he purchased or that was given to him via a healthy-gift. With respect to real property that he inherited from his father or other relative or that was given via dying-gift, his sale would not be valid until he is 20 full years old and he has grown two hairs. Before 20 full years, however, even if he grew two hairs and understands commerce, his sale would not be valid because he may sell for too low since his mind leans towards money and he does not yet have the requisite understanding of the ways of the world. Once he turns 20 and has grown two hairs, he can sell movable and real property, whether they belong to him or his father, even if he does not understand commerce. This is not like those who disagree with this.

Paragraph 10- A gift given by one who is less than 20 but more than 13 and who has grown two hairs, regardless of whether it is a healthy-gift or a dying-gift, would be a valid gift because had the donor not received a great benefit he would not be giving the gift and it is something that is not very common, so the Rabbis said the gift is valid in order that his words would be heard.

Paragraph 11- When is it true that one can sell his father’s property when he turns 20? When he grows two hairs or develops signs of being sterile. If he has not grown two hairs and does not have signs of being sterile, he is a minor and his sale is not even valid on his own property until he grows up and reaches the majority of his years, which is 36 years old.

Paragraph 12- If one sold before he was determined to be an adult, such as where he was not yet 20 and did not grow two hairs nor develop signs of being sterile, and he later brought two hairs, now indicating that he has become an adult, the sale he had sold previously would be of no effect. With respect to one who develops signs of being sterile after the age of 20, however, he would become an adult retroactively from the day he is 13 and a day because now it has been made clear that he was sterile from the time he emerged from his mother’s womb and that which he had not grown two years was because of that, thereby showing us that from 13 years old and a day he was an adult, and the sale would be valid.

Paragraph 13- If someone sold his properties, regardless of whether it was his own or his father’s, and subsequently died and his relatives come and object by saying the deceased was a minor at the time of the sale and they want to check the body, we would not listen to them because there is a presumption that witnesses do not sign a document unless they know that the seller was an adult and also because the signs have the practice to change and because we do not violate a dead body.

Paragraph 14- If someone younger than 20 sold his father’s real property, he may go and remove it from the buyer, both before he turns 20 and immediately after. He would remove all the fruits that were consumed. If the buyer incurred expenses or planted trees and seeds, we would appraise how much was spent and he would return the difference. If when he turned 20 he did not object, however, he is no longer able to object, even if he was a minor when he sold.

Paragraph 15- If a minor borrowed from others, there are those who say he is required to pay back when he becomes an adult. There are others who say he is exempt. There are those who differentiate and say if it was known that the borrowed for food, they would collect from him, whereas if it is not known that he borrowed for food, they would not collect from him. There are those who say that although a minor cannot sell his real property he can place a lien on them, and although in the case of a sale, nothing has been done, he must return the money he took and if he does not have it, the buyer may collect from unencumbered properties.

Paragraph 16- If a minor cosigned for others, he would be exempt from paying, even after he becomes an adult.

Paragraph 17- One who is deaf and mute, or can speak but cannot hear anything, may sell and purchase movable items with motions, but not real property. Even with respect to movable items, his actions would not be effective until we check him with many investigations and the matter is settled.

Paragraph 18- If a person hears but cannot speak or he could speak but went mute, his purchases, sales and gifts would be valid, whether it is movable items or real property, so long as they check him the way they check for a get or if he wrote in his own handwriting.

Paragraph 19- If someone cannot hear unless he is spoken to loudly, he would not be considered deaf. Rather, he is like any other typical person.

Paragraph 20- A fool’s purchases, sales and gift would not be valid for either movable items or real property. The court would appoint a guardian for a fool just as it does for minors. A fool has no ability to acquire for himself.

Paragraph 21- If someone is at times a fool and at times insane, such as one who has epilepsy, when he is sane all of his actions are effective and he can acquire for himself and for others like any other sane person. The witnesses must investigate the matter well because perhaps he did what he did it at the end of his an insane episode or at the beginning of an episode. If two witnesses say he sold while insane and two say he sold while sane, real property is presumed to be the seller’s and movable items are presumed to belong to whomever has possession.

Paragraph 22- A drunk’s purchases, sales and gifts are valid. If he has reached the state of the drunkenness of Lot, which is when he does things and is unaware what he is doing, his actions are of no effect and he has the status of a fool.

Paragraph 23- If one sells real property or movable items and the buyer acquires them without the required level of knowledge, the buyer has the upper hand. If he wants to buy it, the seller cannot retract. If he does not want to keep it, it would be returned to the owner.

Paragraph 24- Similarly, if a slave purchased, sold or gave or received a gift, the slave’s owner has the upper hand. If he wants his actions to be effective, they would be. If not, he can void all his slave’s actions. The owner has the ability to uphold or void the slave’s actions with just words and no kinyan at all is required.

Paragraph 25- The laws of a husband selling his wife’s property and the wife selling property are discussed in Tur Even Haezer Siman 85 and 90.

Paragraph 26- If the court sold or purchased orphan-property, whether real property or movable items, or if the guardian did so, regardless of whether the guardian was appointed by the court or the orphans’ father, their purchases and sales would be valid, but their gifts would be of no effect because a person cannot gift something that does not belong to him.

Paragraph 27- The matters orphans’ property can be sold for is discussed in 290:1.

Paragraph 28- If one sells or makes a kinyan on Shabbos or Yom Tov, although we strike him for violating the words of the Rabbis, his actions are effective and we would document it after that day.