Lesson # 161 (part one) • Acquiring Personal Property In the last few lessons we discussed how a person acquires real estate. Logically I should include here all the other laws peripherally dealing with the acquisition of real estate. However, since Rabbi Yaakov ben Asheri (1270-1340) in his magnificent code, the Arba Turim written in the 13-14th centuries and whose order was followed by Rabbi Yosef Karo (1488-1575) in the Shulhan Aruch, leaves these peripheral lessons for future chapters and goes right into the laws of Acquisition of personal property, I shall do the same. Beginning with this lesson we discuss how a person acquires personal property. An overly simplistic definition can be, all that is not real estate may be classified as personal property. For example, clothing, automobiles, airplanes and busses, food, animals, watches, pens and books. The acquisition of personal property is probably the most frequent business act that a person performs in his lifetime. Every time that a person buys a loaf of bread he is making a purchase of personal property. There must be a meeting of the minds between the seller and the buyer before the performance of an act of acquisition by the buyer will transfer ownership to the thing to the buyer. They must agree that the seller is selling and the buyer is buying. There must be agreement on all of the terms of the sale. The price of the item sold, any warranties that accompany the item, the method of the performance of the act of acquisition, and any other terms that the seller and buyer demand should be agreed upon before the sale is completed by an act of acquisition by the buyer. If the items sold are by bulk, how many pounds, how many cubic feet, how many items, and similar facts should be specified. The price need not be agreed upon if there is only one price for such items sold by all the merchants of the community. Or the parties may agree that the price will be determined by arbitration, or any other method. The parties may agree on a price per unit and then later count the amount of units for which the buyer has performed an act of acquisition. Sometimes a question arises as to whether items sold in bulk are all one sale, and thus either party may stop the completion of the sale before the act of acquisition of all is completed, or if, on the contrary, the items are being sold individually. In the latter case, any items as may have been acquired by the buyer's act of acquisition may no longer be rescinded by either party. For example, the seller has 50 bushels of apples to sell to the buyer at $1 per bushel. Is this a sale of 50 bushels, all or nothing, or is it a sale of as many bushels as the buyer acquires by an act of acquisition. Beth Din will decide depending on the intent as determined from the wording of the seller to the buyer when he offers to make the sale. If the former meaning is intended, then while the buyer is counting out each bushel and before he has counted out all 50 bushels, either party can stop the sale from being completed. If the latter meaning is intended, then as the buyer counts out each bushel and takes it into his hands, he has performed an act of acquisition on as many bushels as the buyer has lifted, and the parties can only stop the sale from taking place as to the remaining bushels not yet acquired by the buyer. Beth Din in each case will determine the intent of the parties based on the wording and on the practices of the community. In every method of acquisition there cannot be an acquisition unless it is with the consent of the seller. If the buyer performs an act that would constitute an act of acquisition without the consent of the seller, the act is a nullity. There must be an instruction from the seller to the buyer to perform an act of acquisition, or else the seller must be present when the act of acquisition is performed. In acquiring personal property, the buyer must follow the method stated by the seller. If the seller is silent as to method, the buyer may employ any method that will achieve his goal-to obtain ownership of the item of personal property. There must be intent on the part of the seller to transfer ownership of the thing with the act of acquisition, no matter what method is performed to acquire the thing. In all of the methods of transferring ownership, the
transfer will be effective at the moment that the buyer performs the act of
acquisition in a place where such act is effective. Usually it is a moment
in time that is clear to all. If there is disagreement, then Beth Din can
decide the moment of transfer. The principal may act through his agent and the act of the agent is the act of the principal. Thus the act of acquisition may be performed by the agent of the buyer, unless the seller insists that the buyer himself performs the act of acquisition. IYH in the next lesson we shall begin the discussion how personal property is acquired by the purchaser or the beneficiary of a gift. The gift beneficiary usually has to acquire the same way that a buyer acquires. The subject matter of this lesson is more fully presented in
Volume VI Chapter 197 of"A Restatement of Rabbinic Civil Law" byE. Quint,
published by Jason Aronson, Inc. and on sale at local Judaica bookstores.
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