We continue the topic of how one acquires personal property along with the acquisition of real estate where the personal property has nothing to do with the real estate. That is, we are not discussing the sale of the heating plant of the house or the chandeliers or stoves as part of the sale of the house. We are discussing the acquisition of objects that are not part of the house, as for example, the buyer buying a bracelet or a car together with the house. The price for the New York house is $10,000 and the price for the bracelet that is located in Paris is $100 and the price for the car that is located in London is $200. A separate consideration is paid for the personal property. Or even if there is a gift involved, the personal property is distinct from the real property that is sold.

If the seller sells real property and personal property to the buyer, the act of acquisition of the real estate, acts as a simultaneous act of acquisition of the personal property, without the necessity of the buyer making a required act of acquisition to acquire the objects of personal property. There is no necessity that the personal property be located on the real property that is bought together with the personal property. It is not necessary that the seller make any specific statement regarding the personal property. If there is a meeting of the minds of both parties to sell and buy the real property and to sell and buy the personal property, then as soon as there is an act of acquisition regarding the real property, the personal property is also acquired.

The amount of real property sold to the buyer in order to acquire personal property along with the real property is minimal. For example, the seller is selling trucks to the buyer and the trucks are located in various countries around the world. The seller sells a minimum sliver of real property that he owns, and along with the real property the seller sells all of the trucks. The seller need not designate the specific piece of real property. The buyer acquires the real property by paying money for the real property or by taking a deed to the real property, the deed stating that the seller sells a ten-inch by ten-inch sliver of real property to the buyer without specifying the exact real property sold. The buyer also pays for the trucks and he owns the trucks as well as a sliver of real property of the seller.

If the seller does not own real property he can sell to the buyer his seat in the synagogue and sell the personal property along with the seat
If the seller does not possess real property, the buyer can by gift transfer a sliver of real property to the seller who then sells the real property to the buyer along with the personal property.

Every type of personal property, including animals, and negotiable notes can be acquired along with the real property, even money or coins that are in circulation. However, real property cannot be acquired along with the real property.

The laws of acquiring personal property along with the real property applies when the real property and the personal property are sold to one buyer. If the buyer of the real property is a guardian of a minor orphan and the buyer of the personal property is the orphan in his charge, it is considered as if there is one buyer. The result is the same if an adult has a guardian appointed for him. Conversely, if the guardian sells the real property and the minor orphan the personal property, it is considered as if there is one seller. A principal and his agent are considered to be the same as a guardian and his minor ward, as are the dispenser of charity and the poor to whom he dispenses charity.

There is yet another way to transfer ownership to personal property. The method known as barter.

Reuven agrees to exchange his Fiat automobile for Shimon's Subaru. The moment Reuven performs an act of acquisition on Shimon's automobile, he owns Shimon's Subaru and simultaneously Shimon owns the Fiat, even though the Fiat may be located far away and Shimon has not touched the Fiat. Reuven can perform an act of acquisition by driving the automobile, or by taking the keys and opening and locking the door or by putting air into the tires, or anything that enhances the appearance of the automobile. In the case of smaller items, Reuven can lift or pull the thing he is acquiring in exchange, or Reuven can give his handkerchief to Shimon so that Reuven now owns the Subaru. As soon as an act of acquisition has been performed by one party to the personal property of the other party, the exchange is complete and ownership of both items have been exchanged; neither party can undo the transaction except by a further sale. In the event that the Fiat gets stolen or damaged after Reuven has acquired the Subaru, the risk of loss of the Fiat is on Shimon since he owns the Fiat from the moment that Reuven acquires the Subaru. If the parties do not agree when the loss took place the burden of proof is on Shimon since he is considered the buyer regarding the Fiat. The barter exchange takes place whether or not the items exchanged are worth exactly the same. One might think that if the parties are so particular to ascertain that the values are precisely the same, that they are treating the items as money, which cannot be used as an item of barter or acquired by barter. The halachah states that this is not so and even if the items are not valued precisely the same, the barter exchange holds good.

Reuven and Shimon agree that Reuven will exchange all of his assets for all of the assets of Shimon, and they bind themselves with each performing a kinyan. There are different opinions. One opinion holds that the entire transaction is a nullity since neither knows precisely what he owns and precisely what the other party owns. The other opinion holds that Reuven obtains all of Shimon's assets and Shimon keeps all of Reuven's assets and the difference in value between the assets is given to the party who received the smaller amount of assets. For example. Reuven's obtained assets worth $2.500, and the assets obtained by Shimon are worth $2,100. Reuven will give to Shimon $400.

The subject matter of this lesson is more fully presented in Volume VI Chapters 202 & 203 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

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