THE JERUSALEM INSTITUTE OF JEWISH LAW 
Rabbi Emanuel Quint, Dean

Lesson # 166 (part six) • Acquiring Personal Property

In the prior lesson we discussed how a person's 'courtyard' could acquire items of personal property on behalf of the buyer.

Rabbi Yosef Karo in Shulhan Aruch Hoshen haMishpat Chapter 268, writes that the Rabbis have decreed that in the cases of acquiring found articles of personal property, if the found item is within the four cubits area of the finder, he acquires the found object even though he has not lifted it up. The reason for the decree is to eliminate disputes as to who picked up the object first. This decree is limited to objects found in a back street, or in a simtah (an area that is part of the public street, yet is off to a side and is not frequently used), or in a field that does not belong to any person. 

The decree does not apply to the frequently used portion of a public street, since every person is entitled to walk in any area of the public street, and therefore there is no area of four cubits that the finder of the item can declare to be solely his. The decree also does not apply to real estate belonging to a third party. There is also another method whereby the buyer can acquire personal property, the 'Acquisition by the buyer's vessels'.
The vessel of a buyer can acquire ownership of an object sold to the buyer if it is placed in the vessel. As soon as the goods are placed in the vessel, the sale is completed and neither party can change his mind. 

There are two prevailing opinions as to the location where the buyer's vessel can acquire on behalf of the buyer. They are set forth below with the two prevailing views set forth. The first view is that of Maimonides (1135-1204) as stated in Laws Concerning Sales, chapter 4, law 1. The second view is that of Asheri (1250-1327) in his laws on Baba Bathra. chapter 5, law 15. 

1. The vessel of the buyer is located in a simtah: (An area that is part of the public street, yet is off to a side and is not frequently used.)
Yes, according to view 1, if the seller is aware of the goods being placed in the buyer's vessels. This is true even if the goods are not measured out as they are placed in the buyer's vessels, and even if the simtah is not guarded. 
No, according to view 2, unless the seller measured out the goods, or the seller tells the buyer to go and effect the act of acquisition 

2. The vessel of the buyer is in a courtyard belonging to both the buyer and seller: Yes according to both views. There is no need to state that the vessel will acquire for the buyer if it stands in the courtyard of the next page buyer, since the courtyard will acquire the sold item for the buyer. This is true only if done with the knowledge of the seller, even if the seller does not measure out the items he is placing in the vessel of the buyer, even if the vessel is in a place where it is not guarded, and even if the seller did not tell the buyer to go and acquire the goods. If the seller gives the buyer permission to place his vessels there, then the acquisition can be made without the seller telling the buyer to go and acquire. 

3. The vessel is found in a public street: No, according to all views, even if the seller tells the buyer to go and acquire the goods by placing them in his vessel. 

4. The vessel is found in the seller's courtyard: Yes, according to view 1, if the seller tells the buyer to acquire the object. Yes, according to view 2, if the seller tells the buyer to acquire the object or the seller measures out the sold object into the buyer's vessel. If the thing being sold does not require measuring it out since its measure is known, this requirement is not necessary. If the buyer bought the vessel from the seller, by an act of acquisition performed by the buyer lifting the vessel and he then placed it in the seller's courtyard with the seller's permission, then if the goods are placed in the vessel they are acquired by the buyer's vessel for the buyer, according to both views. 

5. The vessel is found in the seller's vessels in the buyer's courtyard: 
No, according to view 1, unless the seller told the buyer to go and acquire or unless the seller measured out the goods into the vessel. No according to view 2. 
If the buyer pulls or lifts the seller's vessel with the goods inside of them he acquires the goods. This holds true if it is done in the presence of the seller, even though the seller did not tell the buyer to become part go and acquire the goods. 
The following lessons will continue the discussion of how to acquire various types of personal property. We still have to discuss acquiring personal property by local laws and customs; the acquisition of personal property along with real estate; and the acquisition of personal property by barter.

The subject matter of this lesson is more fully presented in Volume VI Chapter 200 of"A Restatement of Rabbinic Civil Law" byE. Quint, published by Jason Aronson, Inc. and on sale at local Judaica bookstores. 
Questions to quint@inter.net.il