Translation:Shulchan Aruch/Choshen Mishpat/202

Paragraph 1- If one transfers ownership of real property and movable items together, once the recipient acquires real property using a method of kinyan, the movable items would be acquired with the real property. Regardless of whether they were both sold, both gifted, the movable items were sold and the real property was gifted or the real property was sold and the movable items were gifted, once the recipient acquires the real property he would acquire the movable items. There are those who say the same applies even where the real property was rented and the movable items were a gift.

Paragraph 2- When is this true? Where those movable items were piled in that real property. If they were in another property, however, the transferor must say to the recipient to acquire the movable items via the real property. Even if the movable items were in another jurisdiction and the transferor said to acquire the movable items via such and such real property, once the recipient acquires the real property, he would acquire the movable items, even though they are not piled on the property. If the transferor did not say acquire via the real property, the recipient would not acquire the movable items given that they are not piled in that property. There are those who say that even where the items were piled in the property, the transferor still must say to acquire via the real property. This seems to me to be the primary view. There are those who say that he must use the term “via,” and “with” would not suffice. There are those who disagree.

Paragraph 3- If the transferor transferred the field to one person and the movable items to another, even if he said to acquire the movable items via the real property and one recipient took possession of the real property, the second recipient would not acquire the movable items. If the recipient seized the movable items after the transferor had retracted, we would not remove the items because he seized them after the other recipient had acquired the real property that effected the acquisition of the movable items. There are those who disagree and hold that we would remove the items from the seizing party just as we would all money in doubt.

Paragraph 4- If one transferred ownership of a field to a guardian and movable items to orphans, the orphans would acquire the movable items. The same applies to the charity collector.

Paragraph 5- Animals have the status of movable items for these laws.

Paragraph 6- Real property cannot be acquired via real property.

Paragraph 7- Any size real property can be used to acquire many movable items on it. This that we need any size real property is intended to exclude a case where we know for certain that the transferor did not own real property. In a case where we do not know that he does not own real property and he transfers ownership via real property, however, that would suffice. He does not have to specify the real property he is using to transfer. Therefore, one can transfer ownership via real property that is four amos, even if we don’t know that it belongs to the transferor. See above Siman 113. One can transfer ownership via a seat in synagogue. Even if the seats belong to the public and each person sits in one seat, it is as if the seat is lent to him and he can transfer via such seat.

Paragraph 8- If one transfers ownership of slaves and real property simultaneously and the recipient took possession of the slaves, he would not acquire the real property. If he took possession of the real property and there were slaves inside, he would acquire the slaves. If the slaves were not inside, he would not acquire, even if the transferor said to acquire the slaves via the real property.

Paragraph 9- If one transfers ownership of slaves and movable items simultaneously and the recipient pulls the movable items, he would not acquire the slaves. If he took possession of the slaves, he would not acquire the movable items unless the movable items were on the slave, and the slave was tied. There are those who say the slave must also be sleeping.

Paragraph 10- If one owned a flowerpot with a hole and the plants inside belonged to someone else, and the owner of the flowerpot transferred ownership of the flowerpot to the owner of the plants, once the recipient pulls he will acquire the flowerpot.

Paragraph 11- If the owner of the plants transferred ownership to the owner of the flowerpot, he would not acquire until he takes possession of the actual plants.

Paragraph 12- If the flowerpot and the plants inside belonged to one person, and he transferred ownership of both to another and the recipient took possession of the flowerpot in order to acquire the plants, he would not even acquire the flowerpot. If he took possession of the plants he would acquire the flowerpot. There are those who say that only wood requires a hole. With respect to pottery, however, a flowerpot that does not have a hole is the same as one that does. There are those who say the reverse.

Paragraph 13- If one transfers ownership of an animal and the vessels on it simultaneously, even if he pulls the animal and acquires it he would not acquire the vessels on it until he lifts them or pulls the vessels themselves if it is not the practice to lift them, because an animal has the status of a moving courtyard and that which is inside would not be acquired by its owner. Thus, if the animal was tied he would even acquire the vessels on it. There are those who say that in the case of a found item if the acquirer were to say he is pulling this animal in order to acquire it and the vessels on it he would acquire both, even if it was not tied.

Paragraph 14- If the seller told the buyer to pull this animal and acquire the vessels on it, because the seller did not transfer ownership of the actual animal, even if the buyer pulls the animal and the animal is tied he would not acquire the vessels on it.

Paragraph 15- If the transferor tells the transferee to pull this box and acquire what is inside via the pulling, he would acquire the items, notwithstanding the fact that is does not acquire the box.