Translation:Shulchan Aruch/Choshen Mishpat/241

Paragraph 1- If one gives a gift to another, regardless of whether it is real property or movable items, the recipient would not acquire unless it was given in one of the methods that a recipient can acquire. Once he has acquired using one of those methods, he would acquire, even if no witnesses were present, assuming both sides agree as to what took place. The recipient cannot, however, acquire with words. Rather, each party would be able to retract. If one told another he would give him a small gift and he retracts, he is lacking trustworthiness. See later Siman 248 and earlier 204:5. If Reuven told Shimon that Levi’s house should be given to him, even if Levi accepts a kinyan to uphold Reuven’s words, it would be of no effect.

Paragraph 2- If one waived an outstanding debt he had against another or gifted him a deposit that was deposited by the recipient, these are gifts that can be transferred with just words. There are those who say that even if there was a document or collateral on the loan, the waiver would still be valid with just words. In any situation where a waiver does not require a kinyan and a kinyan was made in front of disqualified witnesses, the waiver would still be valid. See above at the beginning of Siman 195. The waiver language is only applicable by money that is owed to someone. If he had an item in another’s possession and said he waives it, however, that would be of no effect. See above 209:4 for the rules of waiver. If a person seeks a waiver from another for an oath that he owes him and the counterparty says “it shall be like your words,” that would be a waiver, even though he did not say it explicitly. See above Siman 12. Any waiver in error can be retracted, even if a kinyan was made.

Paragraph 3- If one waives to another that which he will take from his property, he can retract before the items are taken. Once it is taken, however, what was taken is taken. With respect to real property, however, this would not apply, even if the other party lived there and took possession. Similarly, if one tells another, “the maneh of mine that is in your possession should be given to this person,” the recipient would acquire the maneh, and neither party can retract, as was discussed in Siman 126.

Paragraph 4- There are those who say that just like a seller must specify the item being sold, so too must the gift donor. How so? If one writes for another that he is giving him real property from his properties or he writes for him that all of his properties are given to him except for some of them, because he did not specify the property he is giving him and it is not known, the recipient would not acquire anything. The recipient cannot say to give him the smallest of his properties until the donor specifies the location he is giving him. If the donor said this and this portion of such and such field, however, because he specified the field, the recipient would receive the small portion of that field, even though the donor did not specify the portion. There are those who disagree and say that both in the case of a sale and in the case of a gift one may transfer ownership of something undefined. See above at the beginning of Siman 209 and 60:2 with respect to this law.

Paragraph 15- There are those who say that if one gives a gift to another it is not a gift unless the donor had the intention that the item would be in the recipient’s possession to do whatever he wants. When is this true? Where he gave it without specification but it is evident that his intention is not that the recipient can do whatever he wants. If the donor specified, however, even if he gave it on the condition not to give it to a third party, not to sell it, not to consecrate it or even if he gave it on the condition that he cannot do anything with it other than such and such thing, the give would be valid for that matter.

Paragraph 6- If one gives a gift conditional on it being returned, regardless of whether is has to be returned immediately, for a set time, during the donor’s lifetime or during the recipient’s lifetime, the gift is valid for the set time, whether it is real property or movable items. The recipient may consume the fruits during that time. This assumes the recipient returns the property at the set time. If he does not return the property, however, the gift is void. If the donor did not set a time to return it, the recipient can return it when he wants. If it is something the donor needs, such as an esrog during Sukkos, and the seller said conditional you return it to me, he certainly gave it to him conditional he returns it while the donor still needs it and the recipient must return it immediately. If the donor said on the condition you return it, but did not say on the condition you return “to me,” the recipient can return when he wants. If one vows to another to give him a gift, a gift on the condition he returns it would not fulfill the vow.

Paragraph 7- Thus, if one gives an ox to another and tells him the gift is conditional on him returning it, and the recipient consecrates it and then returns it, the consecration would be valid. If he tells him the gift is on the condition he returns it “to him,” the item would not be consecrated, because the condition was to return something that is fit for him. If one tells another that this field is given to you conditional that you give me 200 zuz and the recipient died, the recipient’s children would give him the money and the gift would be valid. Although when one says conditional you give to me it means me and not my inheritors, this case is different because the donor just wanted the recipient to give the money and they gave it. If one makes a condition with another to give him a specific item, he may give him the value of the item. This is different than the laws that apply to a condition on a divorce document.

Paragraph 8- If one gives an ox to another on the condition he returns it within 30 days, and the ox dies within that time, the recipient would be exempt from paying.

Paragraph 9- If one gives a gift conditionally, regardless of whether the donor or recipient made the condition, and the recipient took possession of the item and the condition was fulfilled, the gift would be valid. If the condition was not fulfilled, the gift would be void and the recipient would need to return the fruits he consumed so long as the condition was done property, as is discussed in Tur Even Haezer Siman 38.

Paragraph 10- If one tells another he is giving him such and such on the condition that you do such and such matter, the recipient has the burden of proof that he performed his condition. If the donor said on the condition that you do not do such and such, however, the donor would have the burden of proof that he did not perform his condition.

Paragraph 11- If Reuven gave his money to his two children and he gave a lot to one and a little to the other, and made a condition that neither child can sell anything until the youngest child turns 20, and the oldest child sold before the younger one turned 20, the son that broke the condition would have his gift voided retroactively and it would remain in his father’s possession, once his father dies he and his younger brother would inherit, and the younger child’s gift would be valid and he would also acquire half the brother’s portion.

Paragraph 12- When is this true? Where this condition was given the way effective conditions are given, in the manner that is described in Tur Even Haezer Siman 38 or the end of the document says, “and this kinyan was made in the manner that all conditions and kinyanim are made as the Rabbis instituted,” because otherwise the gift would be valid and the condition would be void. If one purchases real property from another with a guarantee, and the buyer gifts it to someone else and the property was seized from the recipient, the donor does not have to give the recipient what he collects from the seller unless he gifted him all the rights attached to this property.