Translation:Shulchan Aruch/Choshen Mishpat/192

Paragraph 1- How does one take possession? If one sold or gifted a house or field, once the buyer locks or fences or breaches any amount, and the action has an effect, the buyer would acquire the property.

Paragraph 2- When is this true? Where the buyer takes possession in front of the seller or donor. If it was not done in front of him, however, he would not acquire the property unless the seller told him, “go, take possession and acquire.” If the seller gave him the key, it is as if he told him “go, take possession and acquire.” Similarly, if one sells a pit to another, once the seller has given over the pit-cover, it is as if he told him “go, take possession and acquire.”

Paragraph 3- How does one lock the property? If one sold or gifted the recipient a house or courtyard and the entrance was open and the buyer closed the entrance and the re-opened it, he will acquire the property. There are those who say he must lock it with a key. Similarly, if the buyer made a lock for the door or erected walls, there are those who say he would acquire the property.

Paragraph 4- How does one fence any amount? If there was a fence there and one could easily climb on it and the buyer added any amount to complete its 10 tefachim height- there are those who say it could even be less than 10 tefachim- and now one can only climb with difficulty, the fencing would be effective and the buyer would acquire the property.

Paragraph 5- How does one breach any amount? If there was a breach there and people could enter with difficulty, and he lengthened any amount so that people could enter easily, that would be effective and the buyer would acquire the property.

Paragraph 6- If the buyer placed a rock and it had an effect, such as where he now connected the water to the field, or he removed a rock and it had an effect, such as where by removing the rock he opened the water to the field, the buyer would acquire the field. The same applies to anything similar. If the buyer saw a water channel that was going to damage the field and he placed a rock to stop it or he removed a rock creating an opening for the water to exit, however, the buyer would not acquire the field because removing damage is not a method to effect a kinyan. Only bringing something that has purpose has an effect.

Paragraph 7- If one sells or gifts a field adjacent to the recipient’s field, once the recipient threshes on the border between the two fields to make the two fields as one, the recipient would acquire the field. If he walked along the length and width, however, such walking would be of no effect. If the seller sold him a path of a vineyard, because such a path is intended for walking he would acquire the path by walking. What is the size of the width of the road he would acquire by walking? If the path was defined by walls, he would acquire the size needed to pick up his leg and put his other leg down. If there are no walls, he would acquire the width needed so that he can have a bundle of branches on his head and turn around with it. There are those who say the reverse and where there are no walls, only a size required to lift his leg and place his other leg down is acquired, whereas if there are walls he would receive the amount required to place a bundle of branches on his head and turn around with it.

Paragraph 8- If the land was made of rock with no fence or breach and cannot be planted, one would acquire via taking possession by laying out fruits on it or setting up an animal there or any performing any similar action that it is used for.

Paragraph 9- If the recipient set out mats in the house or field and lied down on them, or set up a table and ate on it, or even if he just placed his vessels inside or gather fruits fit for gathering, he would acquire the property.

Paragraph 10- If one sells a field to another, and the buyer planted, plowed or gathered fruits from the trees or pruned the tree or anything similar, he would acquire the field.

Paragraph 11- Similarly, if the seller gathered a basket of fruit and gave it to the buyer, the buyer would acquire the property. ''There are those who disagree and hold that one cannot acquire with any of these forms of taking possession, whether it’s eating fruits, setting up an animal or anything similar that does not help the ground. This is the logical view. If there was pile of dirt in the field and he removed it, or there was a hole and he filled it, that would qualify as taking possession. It seems to me that this is only where it helps the ground, but if he dug just a small amount, he would not acquire the field unless it was field intended to be plowed.''

Paragraph 12- If one sells 10 fields in 10 countries to another, once the recipient takes possession of one of them, he would acquire all of them, even if one of them was a tall mountain and the other was a sand-field where the two uses are different. When is this true? Where the buyer gave money for all of the fields. If he did not give all the money, however, he would only acquire the amount corresponding to the money he gave. Thus, if they were all being given as a gift, he would acquire the entire amount. ''There are those who disagree in the case of a gift. The same rules that apply in the case of 10 fields would apply in a case of 10 houses or a house and a field.''

Paragraph 13- The same applies to rentals, and once the renter has taken possession on one of them, he would acquire all of them for the duration of the rental. For a rental, we do not require that he pay for the entire rental because rentals only need to be paid at the conclusion of the rental.

Paragraph 14- If some of the lands were being sold and the others were being rented, once the recipient takes possession of either a sale property or rental property, he would acquire the entire amount.

Paragraph 15- The laws of taking possession of a convert’s property is discussed in Siman 275.

Paragraph 16- Mere taking possession without money or a document is effective any time the seller does not come and go to demand the money, ''even in a place where they have a custom to write a document. If they made a condition, however, they would follow whatever the condition is.''