Lesson # 162 (part two) • Acquiring Personal Property
There are many ways that personal property can be acquired. Beginning with this lesson, the three of the most common ways are discussed namely: by lifting (hagbahah), by pulling (meshichah), or by delivery (mesirah). The most favored method is by lifting. Since not everything lends itself to lifting, the concept of pulling is introduced. And there are things that do not lend themselves even to pulling, and in such instances the method introduced by the Rabbis is to deliver the item to the buyer by making a symbolic delivery.

This symbolic delivery, such as handing over the reins of the animal to the buyer or car keys to an automobile, is not the same as a kinyan, where the buyer gives his handkerchief in return for the item he is acquiring. In delivery the buyer gives nothing to the seller (except possibly the purchase money).
In these three methods there is a difference depending upon where the method of acquisition is performed. Under each method we shall be discussing 'How' and 'Where,' which discusses where the method is effective. The word courtyard is used to describe a place owned by the party. It may also be his house or any other real estate owned by the party.

We shall also discuss the acquisition of domesticated cattle, which is included by Rabbi Yosef Karo in chapter 197 of Shulhan Aruch Hoshen haMishpat. Cattle is divided into two classes for the purposes of these discussions, large animals such as cows, bulls, and horses, and small animals, such as sheep, goats, and dogs. Although most urbanites do not have many occasions to purchase animals, they may buy small animals for pets or watchdogs. In many countries there is a great deal of cattle. In the industrialized countries, cattle is used mostly for food, and in many Third-World countries cattle is also used for transportation and for plowing.
Once an act of acquisition has been performed, the item acquired is sometimes left in the premises of the seller. What responsibility does he have for the item he sold to the buyer?

The practices of the community as will IYH be described in a future lesson. Very often, this may, in the final analysis, be the controlling method.
In a great part of the world a sale of personal property, such as a loaf of bread or a computer takes place when the customer pays for the item. The buyer may take the item with him or the seller may deliver the item to the customer's premises. If it is lost in shipment and is not insured, local law will usually have rules to determine the risk of loss. In the case of large appliances such as refrigerators and television sets there may be a bill of sale given by the seller to the buyer and title may pass when the bill of sale is given to the buyer. Very often the halachah methods of transferring ownership are similar to the local methods.

In all of the methods of the act of acquisition in acquiring personal property, it is assumed that the parties have made their financial arrangements for payment for the item purchased. It may be a payment to the checkout clerk in a supermarket for a loaf of bread or payment by check or credit card for a computer. Except in those instances where local law states that the moment the item has been paid for it belongs to the buyer, the halachah method of transferring ownership is usually consistent with most local laws.

The halachah methods of acquisition have been established to be appropriate to the thing being acquired. Lifting is the highest priority because most things being purchased are capable of being lifted. In those instances where lifting is not feasible, the Rabbis instituted the method of acquiring by pulling. And if pulling is also not feasible, then the Rabbis instituted the method of delivery for making an acquisition

Thus, the order of priorities is, first, lifting, second, pulling, and last, delivery. Where it is necessary to acquire a thing by a specific method, a method of lower priority may not be used to effect acquisition, but a method of higher priority is permitted. For example, if the Rabbis ordained that a thing must be acquired by lifting, then it may not be acquired by pulling or by delivery. But, if the Rabbis ordained that a thing may be acquired by pulling, it may also be acquired by lifting, but not by delivery. If the Rabbis permitted a thing to be acquired by delivery, it may also be acquired by lifting or pulling. This is true if the seller has not specified a method of acquisition. If he has, then that method must be followed. The buyer must comply with the instructions of the seller, if he gave instructions, as to the type of act of acquisition that must be performed. If no instructions have been given by the seller, once the buyer has commenced a certain method it shows his own intent to acquire specifically by that method.

Personal property is acquired by the buyer lifting the item to be acquired or by the item being lifted through the power of the buyer. If the buyer lifted the item with a forklift or a crane, the item is acquired by lifting. As soon as it is lifted, the item is acquired. The item must be lifted up three tefachim, or about ten inches, that is, when the buyer takes hold of the item and lifts it ten inches. There is also a view that holds that one tefach or just under four inches, is sufficient. It must be lifted up. If it is on a high place, lifting it down three tefachim is not an act of acquisition.

If a bundle is too large to be lifted because it is made up of many small parts, such as a bundle of twigs, there are two opinions. One opinion holds that the bundle should be untied and then the individual twigs or small clusters of twigs can be lifted. The other opinion holds that since the twigs have been tied together there is no necessity to untie them and the bundle can be acquired by pulling. Both opinions agree that if the bundle does not lend itself to separating out the items, such as a sack full of potatoes, the potatoes can be acquired by pulling and the sack need not be taken apart to lift up small batches of potatoes.

Lifting is effective no matter where it is performed, whether in the premises, such as a house or courtyard owned by the buyer, or in the premises owned by the seller, or in the premises owned by both the seller and the buyer, or in a place owned by neither of the parties, such as a public street. The acquisition is made in the hand of the buyer and thus no matter where he stands, lifting the item is equivalent to it being put to rest in his own house. That which has been said regarding purchases also usually applies to the acceptance of gifts.

The subject matter of this lesson is more fully presented in Volume VI Chapter 198 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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