Daily Rambam – Sefer Kinyan

Daily Rambam Tweets – Sefer Kinyan, Book of Acquisitions

———————————
#Mehira
1:3 Land is acquired in one of 3 ways: money transfer, contract of sale, or Hazaka (demonstrating one’s ownership).
2:7 Sells or gifts herd & gives over the Mashkuhit (animal that leads the herd), enough for other to acquire whole herd.
3:4 Paid for object, can retract if didn’t lift it. Buyer lifted object that usually don’t lift, acquires it & must pay.
4:1 A person’s container acquires articles placed in it wherever he has permission to put the container.
5:1 Barter transaction binding once 1 side lifts object, even if traders assign different monetary values to each item.
6:1 Produce can’t be used, but can be acquired in barter trade. Coins can’t be given or acquired in barter transaction.
7:2 Transaction that agreed but not completed, whoever backs out gets curse of “Mi Shepara” (God will take retribution).
8:1 Agreement as to sale price of field; buyer paid part; buyer doesn’t acquire the whole field until pays in full.
9:3 Orphan’s property same rules as Temple property. If orphan sells produce & didn’t receive money, can retract sale.
10:1 Person forced to sell item, binding. Seller protested prior in front of witnesses that against will, not binding.
11:2 A sale done based on some condition, only works if a regular transfer is done first & then the condition fulfilled.
12:11 Buyer can retract if seller took advantage, for as long as takes to show merchandise to expert for appraisal.
13:4 Seller transparent about the price of the item & the value of the item: even if large difference, not unfair gain.
14:18 Verbal abuse is more severe than unfair gain. Verbal abuse can’t be compensated. God responds promptly if called.
15:5 If conducts business without making specific demands, assume he’s following prevailing customs of the community.
16:9 Sold article with defect that couldn’t see, if article destroyed due to defect, seller has to reimburse the buyer.
17:1 Said merchandise was good but turned out bad; buyer can retract. Bad, but turned out good; seller can retract.
18:1 It’s forbidden to deceive in business, whether to a Jew or a non-Jew. Seller must notify buyer of all defects.
19:1 Can’t sell property or object that is disputed or under judgement until buyer is made fully aware of the situation.
20:1 Disagree on price, then reunite: if buyer takes object, seller’s price; but if seller gives it over, buyer’s price.
21:1 Can sell (@ market price) even if don’t know item’s measure, weight or quantity. If don’t even know WHAT it is, no.
22:1 Can’t make sale, gift or will of item not yet in existence: produce of field, fruit of trees, offspring of animals.
23:1 Can transfer ownership of property with regard to the produce it will give. Like renting a house.
24:15 If seller didn’t write “from ground of earth’s depths to heights of the sky” buyer won’t get air or depth rights.
25:2 Sold house: doesn’t include other structures, large roof, cistern, even if on property, unless specifically stated.
26:4 Seller of land needs to buy from the buyer a path to get to his well, winepress or dovecote that kept in field.
27:1 If sold ship, doesn’t include attached small boats, servants or any of the merchandise unless specifically says so.
28:5 “I’m selling you land of a specific size.” Must be exact. If less, pay buyer. If more, return extra land to seller.
29:18 A drunk liable for actions. Selling, buying & gifts binding. If drunk like Lot, considered mentally incapacitated.
30:1 If someone acquires land or item for person w/o their knowledge, beneficiary can decline; seller can’t retract.
#Zehia
1:1 Items found in desert or by river like grass, trees, wild fruit are ownerless. 1st to take ownerless object owns it.
2:1 Land of convert who died w/o heirs, or of non-Jew that sold to Jew that didn’t claim, can be claimed by Hazaka.
3:2 If creditor forgoes debt or gives gift of object that beneficiary was guarding, verbal statement enough & binding.
4:8 One can acquire on behalf of minors or adults, w/ or w/o their presence. A person’s courtyard acquires objects in it.
5:1 Gifting from someone healthy or sick, must always be done openly & publicly. Secret gift documents are of no value.
6:1 Gift given, assess & follow intent. Dad told that son died, signed over property to other, if son alive, gift null.
7:1 Shushvinut: $ sent by friends of groom (Shushvinim) for wedding expenses, who then eat & drink w/groom at party.
8:2 Shchiv mera: deathly ill bedridden person. His verbal orders are considered as if they were written & delivered.
9:1 Shchiv mera says don’t reveal gift until after die, valid. It’s not a secret gift, because after death will reveal.
10:7 Can’t find $ father left. Had dream, told him place & instructions. Found $. Doesn’t have to fulfill instructions.
11:24 If a Shchiv mera says don’t eulogize me, not eulogized; if says don’t use my money to bury me, ignored.
12:17 Righteous don’t accept gifts. Rather they trust in God, not in generous people. “One who hates gifts will live.”
#Shchenim
1:2 If can’t divide property, 1 partner can say to other: Sell me your portion for this price, or buy mine for same.
2:12 Partners buy field & then divide it, neither has any rights in the side of the other. Can block water, windows.
3:9 Five gardens, 1 spring that gets damaged: all owners participate in repairs upstream to them, but not downstream.
4:1 House wall falls, loft owner has no responsibility; can compel house owner to rebuild wall to original strength.
5:1 Commonly-owned courtyard: partners can compel each other to build gatehouse, door; anything that is local custom.
6:1 Residents of city can compel each other to build wall; gates; bolt; synagogue; Torah, Prophets & Writings scrolls.
7:1 Built courtyard, can’t ask neighbor to block up his window. Building wall, can’t cast shadow on neighbor’s window.
8:1 Building projection into neighbor’s yard, neighbor can prevent. If doesn’t prevent right away, it can stay there.
9:12 Owner of store below warehouse can’t make it a bakery, paint factory, barn or anything that creates warm air.
10:2 Large threshing floor must be kept 50 cubits away from city, so wind won’t carry winnowed straw & harm people.
11:1 Threshing floor, latrine, makes dust or dirt; must keep far enough that dirt, odor, dust doesn’t bother neighbor.
12:3 Square plot to be divided, river E & N, road S & W, divide diagonally. If 1 wants 1 side, give if doesn’t bother.
13:1 Land given as gift, rights of neighbor to buy that land don’t apply; but only if truly a gift & not a deception.
14:5 Precedence in selling field to is the following order: Torah scholar / city neighbor / field neighbor / relative.
#Sheluhim
1:1 Appoints messenger to buy or sell property or items, messenger is empowered & all his transactions are binding.
2:2 Can appoint as agent a man; woman, even if married; servant or maidservant. Have intelligence & Mitzva obligation.
3:1 When have agent carry out legal proceedings, must compose power of attorney & perform act that grants agent power.
4:1 All means of acquiring that buyers use to buy, are used by partners to acquire assets contributed to partnership.
5:2 If partner violates agreement w/ merchandise: sells on credit, takes abroad, etc., takes loss, but splits profits.
6:1 If only one partner working, called Esek, investment agreement, as opposed to partnership, & has different laws.
7:2 If investment agreement initially loses money & then profits, only split money by calculating total.
8:1 Gave eggs to farmer for chickens to sit on eggs, hatch & raise chicks, must pay him wage even if splitting profit.
9:1 Even if no specific claim, partners, sharecroppers, legal guardians, family, all take oath: didn’t take anything.
10:5 “Be careful with this law (of oaths partners take about losses), masters of instruction have erred with it.”
#Avadim
1:1 “Hebrew servant” only thief w/o funds sold by court or impoverished man (doesn’t have clothing) sold self willingly.
2:2 Servant sold by court serves 6 years from day sold. Works on Sabbatical year, but released on Jubilee year.
3:8 Hebrew servant that is a Kohen can’t have ear pierced, as considered blemish that disqualifies from Temple service.
4:16 Whenever a person declares a condition against what is written in the Torah, his condition is nullified.
5:5 Tips of limbs that won’t regenerate: 10 fingers & 10 toes, ears, nose, male organ, woman’s breasts. Eyes & teeth.
6:1 Master wrote to 3rd party & gave bill of release of slave to 3rd party, slave is free, even if didn’t get document.
7:1 Wording of bill of release of slave must be clear, that completely severs the connection between slave & his master.
8:9 If slave asks master to move to Israel, the master must move with him or sell the slave to someone going to Israel.
9:1 If a Jewish man has relations with a non-Jewish slave, child born of the union has the status of a non-Jewish slave.

End Sefer Kinyan

——————-