Lesson # 201 (Gifts - part three) • Gifts Acquired by Donee's Agent (donee = the recipient of a gift) Assume that Reuven wants to give a watch to Shimon as a gift, but Shimon is not present to receive the gift, but Levi is present. Reuven gives the watch to Levi to acquire on behalf of Shimon. Many of the laws of this lesson are based on the principle that a person (Shimon) may benefit from the act of a third party (Levi) done on his (Shimon's) behalf without the benefiting party (Shimon) being aware that he is being benefited. Thus, even if Shimon is not aware that Levi has acquired the watch for him, yet the watch may belong to Shimon while in the hand of Levi. Whether Levi has conferred a benefit on Shimon may depend upon the language Reuven uses when he hands the watch to Levi. If the words evidence an intent that the gift take effect immediately, Levi becomes Shimon's agent, and the watch that is held by Levi immediately belongs to Shimon. If the words evidence an intent that the gift take effect when the watch will be delivered by Levi to Shimon, Levi remains Reuven's agent, the watch still belongs to Reuven and the watch does not belong to Shimon until the watch reaches him. In the former case, Reuven cannot tell Levi to return the watch in Levi's hand to Reuven because it already belongs to Shimon. In the latter case, Reuven can tell Levi to give the watch back to Reuven if it has not yet been delivered to Shimon. In all of these situations, whether Levi is the agent of the donor Reuven, or the donee Shimon, depends upon the language employed by Reuven. If Reuven makes Levi his own agent, then Levi, by taking the watch from Reuven into his hand, does not acquire it on Shimon's behalf; Shimon acquires it when he performs an act of acquisition, such as taking the watch from Levi. If Levi is the agent of Shimon, then Shimon acquires the gift when Levi performs an act of acquisition, such as taking the watch or a deed of real estate from the hands of Reuven. In those situations where Reuven intends the gift to take effect immediately, if it is in Reuven's possession, the act of acquisition is the transfer of possession of the watch from Reuven to Levi. There cannot be a transfer of ownership to any item without the intent and consent of the owner. Thus, Reuven's intent is paramount. The words that he employs are controlling and can guide Beth Din in ascertaining his intent. Reuven states to Levi, "Acquire this watch for Shimon as a gift." Shimon acquires the watch as soon as Levi lifts the watch, and Reuven can no longer demand the return of the watch from Levi. In halacha, the term "Acquire" means immediate acquisition. Until Levi performs an act of acquisition, Reuven may revoke the gift. For example, Reuven tells Levi, "Acquire the watch that I have on my desk for Shimon as a gift." Until Levi picks up the watch, Reuven can revoke the gift. Reuven states to Levi and Yehuda, (I have included two persons who acquire in this case since there must be two witnesses on the deed, Levi and Yehuda) "Write a deed of gift for Shimon and acquire my field for him with the deed". Reuven may revoke the gift until the deed is written, because he intends the act of acquisition for Shimon to be by the deed that is to be delivered to Levi and Yehuda, and this cannot occur before the deed is in existence. Reuven states to Levi, " Bring this watch to Shimon as a gift, " and hands the watch to Levi. Shimon does not acquire the watch until Levi hands it to him. In halacha the term "Bring" means the ownership will be transferred when the item reaches the ultimate beneficiary. When Levi hands the watch to Shimon, Shimon acquires it by lifting the watch. The same applies to any other item, whether real estate or personal property, including money; the gift becomes effective when Shimon performs an act of acquisition on it. In the case of real estate, it is usually the acceptance of the deed into his hand that makes the acquisition effective. There- fore, Reuven may revoke the gift until the watch reaches the hands of Shimon. There is an exception: if Reuven tells Levi, "Bring this $100 to Shimon as a gift for him." If Shimon is poor, the gift takes effect immediately even though Reuven uses the word "Bring," which is not ordinarily a word of immediate transfer of ownership. If Shimon is not poor, then: (a) the gift of the $100 takes effect when Levi hands the money to Shimon and Shimon takes hold of it; and (b) Reuven can demand the return of the $100 until Levi hands the money to Shimon. Also if Reuven takes an oath to give the watch to Shimon as
a gift, the gift is acquired by Shimon as soon as Levi performs an act of
acquisition on the watch, even though Reuven stated, "Bring this watch to
Shimon as a gift". In all the cases where the words used are to take effect immediately, Reuven can still revoke the gift until the item has reached the hands of Levi or Levi has performed some other act of acquisition on it. If the item that Levi is now being told is a gift for Shimon was earlier given to Levi to hold without then being intended as a gift for Shimon and now Reuven tells Levi that the article is intended as a gift for Shimon, Reuven may revoke the gift until the gift actually reaches the hands of Shimon. However, if Reuven uses the term "acquire the gift for Shimon," then as soon as Levi takes hold of the gift in his possession, he has acquired it for Shimon, and Reuven may no longer demand return of the gift. The subject matter of this lesson is more fully presented in
Volume VII Chapters 243 of "A Restatement of Rabbinic Civil Law" by E. Quint,
published by Jason Aronson, Inc. and on sale at local Judaica bookstores.
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