We are continuing with the sales of a minor, this time dealing with personal property.

The transactions entered into by a minor less than six years of age, whether of real estate or personal property, are a nullity since it is required that a person entering into a sales transaction have the mental capacity to comprehend some rudiments of the transaction, and the halachah presumes that such a child lacks the requisite mental capacity.

A minor over the age of six years and up until the age of majority may enter into a sale or purchase transaction for personal property, or give a gift of personal property. It is assumed that a person does not give a gift to the recipient unless the recipient has done something for the donor. This is also done under the guise of helping the minor to sustain himself. Also, upholding the person's gifts enable his words to carry weight with his relatives, friends, and neighbors. This holds true if it can be demonstrated that he has some under- standing of the purchase, the sale, or the giving of a gift. The minor should be examined by Beth Din to see if he has the requisite understanding.

There is an opinion that after the age of six years and until he attains the age of ten years, he can transfer and acquire personal property provided he understands the nature of the transaction. After the age of ten years and until he attains his majority (when he reaches thirteen years and a day), he may enter into a sales transaction, whether as the buyer or the seller, without having to demonstrate that he understands the basic terms of the transaction, unless it is shown that he does not understand the nature of the transaction.

Regarding the gifts given by a minor, it does not matter whether the gift is substantial or of small value, or whether the gift is made while he is healthy or in apprehension of imminent death. Gifts made in anticipation of imminent death have special considerations given to them, and every effort is made to sustain them.

The minor may not sell any part of the estate that he inherited that must be set aside to support the females in the family.

Any sale of real estate and/or of things attached thereto, or lease of real estate, entered into by a minor is void, according to both Torah law and Rabbinic law, if the minor is the seller or lessor. This applies to his sale of real estate previously acquired by the minor through a gift, (other than by inheritance from his mother or father) or acquired for him by a guardian who is no longer his guardian. This is true whether the minor sells the real estate or gives it away as a gift, even as a gift made in apprehension of imminent death. Nor does it matter if the minor is highly intelligent and comprehends the nature of the transaction. The minor can void the sale of real estate while yet a minor and until a short period of time after he attains his majority.

Beth Din must determine what is a reasonable time in each case.

There is a difference of opinion among the authorities as to whether the loans made to a minor must be repaid by him when he attains his majority; One opinion holds that he must repay the loans when he attains his majority. Otherwise, it will be impossible for him to sustain himself if he does not have the money to buy food and clothing while he is a minor. The other view holds that if the lender can collect on the loan made to a minor, the latter will waste the assets of the estate while a minor by borrowing for nonessential items and have to repay when he attains his majority. A third view offers a compromise and holds that if the minor borrowed for essential things, the creditor must be repaid, while if the matters were not for essential things, the minor need not pay back the creditor. According to this view, the burden of proof is on the creditor to prove that the loan was used to purchase essential items for the minor.

We turn now to the sales of a deaf-mute, who is similar in many ways in halachah to a minor. According to Torah law, the deaf- mute is in the same category as a minor and cannot enter into a sales transaction.

However, the Rabbis decreed that the deaf- mute may enter into a sales transaction to sell or purchase personal property, as may a minor over the age of six years. Included in this category are those who can speak but cannot hear at all, even when one yells at them. One who hears but cannot speak, whether from birth or because of a sickness, is not in the category of a deaf-mute; he may enter into all types of sales or purchase transactions for personal property as well as for real property and may make gifts of these items. This assumes that he was examined to see if he comprehended the transaction or else that he communicated in writing. One who hears with a hearing aid is the same as any other normal person.

Transactions in personal property may be concluded by a deaf-mute using sign language and understood by the other participants to the transaction if, to the satisfaction of those present, he understood the nature of the transaction and the terms thereof. They may not, however, enter into sales or purchases of real property.

The third category of those who do not have full power to enter into certain transactions to protect them is the mentally deficient person. The sales and purchases, as well as the gifts, made by a mentally deficient person are a nullity, whether regarding real estate or personal property.

If the Beth Din decides that it is advantageous for them to enter into a transaction, it should appoint a guardian for the property of the mentally deficient person.

Persons who suffer from temporary disability, such as epileptics, can conduct all business transactions except during the time that they are under seizure. Similarly, a person who is mentally unstable but has lucid moments can conduct business transactions during the lucid moments. Such a person should enter into a transaction only if there are witnesses present to testify that the transaction was entered into while he was lucid and that he comprehended its nature and terms. If there are two witnesses who testify that he was lucid and two witnesses testify that he was not lucid when he sold the item, and if the transaction involves personal property and the buyer took possession of the property, the transaction will not be rescinded. However, if it involves real estate, the transaction will be rescinded.

The sales transaction of a person who is intoxicated is the same as for any normal person. However, if he is so drunk that he cannot understand the nature or terms of the transaction, his actions are a nullity.

Ritual law prohibits the sale or purchase of an item on the Sabbath or Holy Day; If a person did enter into a sale or purchase on the Sabbath or Holy Days the transaction is binding, although the violator will be punished for the transgression. When there is a written memorandum of the transaction, it uses the date following the date of the Sabbath or Holy Day.

The subject matter of this lesson is more fully presented in Volume VII Chapters 235 of "A Restatement of Rabbinic Civil Law" by E. Quint, published by Jason Aronson, Inc. and on sale at local Judaica bookstores.
Questions to quint@inter.net.il

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