Translation:Shulchan Aruch/Choshen Mishpat/183

Paragraph 1- If one gave money to his agent to purchase identified merchandise and he did not do so, he would only have complaints against him. If we know that he purchased with the sender’s money we would remove the item against his will.

Paragraph 2- If one gives money to another to purchase real or movable property from him and he left the money by the agent, and the agent went ahead and purchased for himself, what’s done is done and the agent is considered a fraudster. If the agent knows that the seller likes and honors him and would not sell to the sender, the agent may acquire for himself so long as he tells the sender. If he is concerned someone else will come and purchase before him, he can purchase for himself and then tell the sender. If he purchased with his own money without specifying, he is able to subsequently say he purchased for himself. This is only in a case where purchased unspecified real property. In a case where he purchased specified real property, however, because this would be a fraudulent action, the sender would acquire the property and the agent cannot retract. If the agent acquired the property with one of the methods of kinyan but without giving money, the sender would acquire the property. Even if the agent were to sell the property it would be of no effect.

Paragraph 3- If an agent used the sender’s money to purchase for himself, the item would belong to the sender, even if he converted the money owed to the sender as a loan. If the agent said in front of witnesses that he is retracting from his agency, however, there are those who say he would acquire the item for himself. There are others who say that in all cases it would belong to the sender.

Paragraph 4- If Reuven told Shimon purchase this item for me and Shimon purchased it without specification, Reuven would acquire from the time Shimon’s pulls the item. Even if after he pulled Shimon said I intended to acquire for myself, he would not be believed. Reuven would acquire the item even if Shimon gave his money, and he would pay Shimon the money. If Shimon retracted before he pulled the item and said he wants to acquire for himself, however, he would acquire for himself, even if he retracted between the giving of the money and the pulling, so long as Shimon gives the seller his own money. If Reuven gave Shimon money and Shimon gave that money to the seller in Reuven’s name and retracted prior to pulling the item, however, Shimon would not acquire the item until he informs the seller and the seller intends to transfer ownership to Shimon. When is this true? Where the sender said purchase for me. If he said bring it to me so I could purchase and the agent purchased it for himself, however, the agent would acquire the item. If Reuven knew of cheap merchandise and told Shimon they should purchase it together and Shimon was silent and purchased it and then said he purchased it for himself, and he purchased it with his own money, Shimon would acquire that which he purchased. Even if Shimon explicitly agreed originally, he can retract. He would just be considered a fraudster. If he acquired the item with Reuven’s money, however, he would be required to divide the item with Reuven. The sender cannot retract, even if Shimon acquired with his own money.

Paragraph 5- If one gave money to his agent to purchase wheat for him, regardless of whether it was for commerce purposes or to eat, and the agent purchased barley, or vice versa, any loss would be borne by the agent and the sender would receive any gain. Similarly, the same would apply if he gave money for profit on half the money. Similarly, if he sent an agent with merchandise to such and such place, and the agent brought it to a different place, any loss would be borne by the messenger and any profits would be split.

Paragraph 6- If the market rate was known and set and the seller gave the agent extra amount of goods or a larger weight or measurement, the extra amount would belong to both of them and would be divided between the agent and the party who gave the money. If it was something that did not have a set amount, the party who gave the money would receive everything. If the seller explicitly said he is giving it to the agent, however, the extra would all belong to the agent.

Paragraph 7- If one sent his agent to receive money from a gentile and the gentile erred and gave more than he was supposed to, the agent would receive the entire surplus. This is only where the agent was aware of the error before the money went into the sender’s possession. If he was unaware of the error and gave the money to the sender, however, the sender would keep the entire amount. If someone was doing business with a gentile and another person came along and assisted him and the gentile erred in measurement, weight or amount, the two Jews would divide the gain, regardless of whether the other was paid to assist or did it for free.

Paragraph 8- If Reuven sent Shimon to purchase a garment on credit for him, and when the time for repayment arrived Reuven gave him the money to repay but the seller had forgot, Shimon must return the money to Reuven and cannot say he wants to keep it in the event the gentile-seller remembers at a later date. He also cannot say he wants to sanctify God’s name and return the money to the gentile. This is similar to the Tur and the words of the Shulchan Aruch in 72:31.

Paragraph 9- The same would be true in a case where Reuven owes money to a gentile and gave the money to another to pay the gentile and the gentile forgot, and the money would be returned to Reuven. Similarly, if one gave 50 gold coins to another to settle with his creditors and they settled at 25, the difference would go back to the sender. Similarly, if he gave the agent 200 to pay the gentile and the agent mislead the gentile and only gave 100 but the gentile thought it was 200, the difference would all go back to the sender because it is as if the gentile waived half of the sender’s debt.