Translation:Shulchan Aruch/Choshen Mishpat/195

Paragraph 1- How does one acquire property with a kinyan? The transferee gives the transferor any type of vessel and says to him that this item should acquire the swap of the real property or movable item that you sold or gave to me. We do not have the custom of having the transferee say this because presumably this is why he is giving the vessel. Once the transferor pulls the vessel, the real property or movable items would be acquired by the purchaser or gift recipient wherever it is located, even if he did not take possession, give money, write a document or pull the item. Neither party is able to retract, even if there are no witnesses, so long as they both admit the process occurred. Similarly if they accepted the kinyan in front of disqualified witnesses the kinyan is valid because they both admit the kinyan took place.

Paragraph 2- One can only acquire with a vessel, even if it is not worth a perutah so long as it is made from something of value, as opposed to a vessel made from animal waste. One cannot acquire with an item that one is prohibited from benefiting from, nor can one acquire with fruits or coins. ''An animal is considered a vessel and can be used to effect a kinyan. Other movable items that are not vessels, however, cannot be used. A coin that has been completely voided, has the status of a vessel and can be used to acquire.'' One cannot acquire with the transferor’s vessel.

Paragraph 3- If one transferred ownership of a vessel to a seller so that the purchaser could acquire that sale item, the purchaser would acquire the sale item, even if the vessel was given outside the presence of the purchaser. Even if the vessel was given on the condition the seller return it to the owner, the buyer would still acquire the sale item. ''Thus, the practice is to make a kinyan with the witnesses’ handkerchief, even if the recipient is present, because most kinyanim are made outside the presence of the recipient. This that the item can be acquired outside the presence of the recipient is only where it is a gift or something similar because the recipient certainly wants it. With respect to a sale where it is possible that he does not want to acquire the item, however, he would not acquire the item and both parties can retract.''

Paragraph 4- Even if the transferor did not take possession of the entire vessel but only some of it and some of it remained in the possession of the transferee, the transferee would still acquire the item so long as the transferor was grasping the size of a vessel, which is three fingerbreadths. If he is grasping less than three fingerbreadths, he must be grasping it in a way that he could pull the entire vessel towards himself. ''There are those who say that one cannot make a kinyan with less than three fingerbreadths. The seller cannot hold on to the vessel or cut off part of it because a standard kinyan is done with intention if having the vessel returned. One cannot make a kinyan with a vessel without the knowledge of its owner. Thus, if one took another’s handkerchief without the owner’s permission and made a kinyan with it, it would be of no effect. There are those who say that even if the vessel was loaned the kinyan would not be effective unless the item was loaned in order that it be used to effect a kinyan.''

Paragraph 5- There are those who say that a kinyan is not effective unless he transfers ownership of the sold or gifted item immediately. If the transferee tells the transferor, “acquire this handkerchief and I should acquire your item in 30 days,” however, he would not acquire the item because at the time the kinyan is supposed to take effect, the transferor has already returned the handkerchief to the transferee. If the transferee said, “acquire the vessel on the condition that I acquire the item now and after 30 days,” he would acquire the item. In a standard case we assume that the kinyan was intended to take effect now in a way that it would work because certainly a person would not go through the process for no reason.

Paragraph 6- Although the matter is completed with a handkerchief-kinyan, either of the two parties may retract so long as they are dealing with the matter. Once they have completed dealing with the matter neither party can retract.

Paragraph 7- In all other forms of kinyan neither party can retract once kidei dibur has passed.

Paragraph 8- There are those who write that if they specified at the time of the handkerchief-kinyan that they cannot retract or if they wrote it in a document or accepted judges for arbitration with a kinyan, even if they are still dealing with that matter they cannot retract. Paragraph 9- All methods of acquiring real property can be used for rentals and loans of real property. Even in a place where money cannot acquire without a document, as was discussed above in Siman 190, a rental just requires money. There are those who say rentals and loans can only be acquired with a handkerchief-kinyan.

Paragraph 10- Rentals and collateral cannot be acquired via a loan ''because they have the status of a sale which cannot be acquired by loans, even as a kinyan-with-money. See later 204:10.''

Paragraph 11- Once cannot make a handkerchief-kinyan on shabbos. If they did make a kinyan, although they have committed a sin, the kinyan is effective.