Acquisition: Difference between revisions
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==Purchases for Someone Else== | ==Purchases for Someone Else== | ||
# When purchasing an item for someone else by merely doing the acquisition oneself the item automatically belongs to the desired recipient.<ref>Kiddushin 7a, Shulchan Aruch C.M. 190:3-4. Pitchei Choshen 8:3:14 quotes many who deal with the possibility that the Rama who adds that the buyer must state that the item is for the recipient or have the recipient appoint him an owner is only in cases where it is potentially harmful to the recipient. Otherwise, it isn't necessary because of the principle of zachin ladam. See there all the opinions.</ref> | # When purchasing an item for someone else by merely doing the acquisition oneself the item automatically belongs to the desired recipient.<ref>Kiddushin 7a, Shulchan Aruch C.M. 190:3-4. Pitchei Choshen 8:3:14 quotes many who deal with the possibility that the Rama who adds that the buyer must state that the item is for the recipient or have the recipient appoint him an owner is only in cases where it is potentially harmful to the recipient. Otherwise, it isn't necessary because of the principle of zachin ladam. See there all the opinions.</ref> | ||
== Neighbor == | |||
# A tree that is leaning over into a neighbor's field the fruit belongs to the owner of the field where the trunk of the tree is coming out of.<ref>Igrot Moshe CM 1:43. See also Rama CM 167.</ref> If a tree is on the border the neighbors split the fruit.<ref>Shulchan Aruch CM 155:29</ref> | |||
==Sources== | ==Sources== | ||
<references/> | <references/> | ||
Latest revision as of 15:43, 12 July 2024
Children
- A boy younger than Bar Mitzvah doesn’t acquire with a קנין Chetzer or קנין of 4 Amot, however a girl under Bat Mitzvah does acquire with a קנין Chetzer or קנין of 4 Amot.[1]
Chetzer
- In a guarded courtyard, the owner acquires ownerless objects that come there even without intent of the owner. This is only true if the owner knew that the object was there or that it regularly comes there.[2]
Four Amot
- Standing next to an ownerless object within 4 Amot is an acquisition of the object. This is only true in the areas of sides of the public domain or in a public domain that is temporarily grants to individuals, however, in someone’s field or in the middle of public domain this acquisition is not effective. [3]
Purchases for Someone Else
- When purchasing an item for someone else by merely doing the acquisition oneself the item automatically belongs to the desired recipient.[4]
Neighbor
- A tree that is leaning over into a neighbor's field the fruit belongs to the owner of the field where the trunk of the tree is coming out of.[5] If a tree is on the border the neighbors split the fruit.[6]
Sources
- ↑ Shulchan Aruch C.M. 243:3
- ↑ Shulchan Aruch and Rama C.M. 268:3
- ↑ Shulchan Aruch C.M. 268:2
- ↑ Kiddushin 7a, Shulchan Aruch C.M. 190:3-4. Pitchei Choshen 8:3:14 quotes many who deal with the possibility that the Rama who adds that the buyer must state that the item is for the recipient or have the recipient appoint him an owner is only in cases where it is potentially harmful to the recipient. Otherwise, it isn't necessary because of the principle of zachin ladam. See there all the opinions.
- ↑ Igrot Moshe CM 1:43. See also Rama CM 167.
- ↑ Shulchan Aruch CM 155:29
